§ 2056e. Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries

1,459 words·~7 min read·/usc/title-15/section-2056e

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(a)In general Not later than 1 year after August 16, 2022, the Commission shall, in accordance with section 553 of title 5, promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that shall only contain—

(1)a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and

(2)warning label requirements—

(A)to be included on the packaging of button cell or coin batteries and the packaging of a consumer product containing button cell or coin batteries;

(B)to be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries; and

(C)to be included, as practicable—

(i)directly on a consumer product containing button cell or coin batteries in a manner that is visible to the consumer upon installation or replacement of the button cell or coin battery; or

(ii)in the case of a product for which the battery is not intended to be replaced or installed by the consumer, to be included directly on the consumer product in a manner that is visible to the consumer upon access to the battery compartment, except that if it is impracticable to label the product, this information shall be placed on the packaging or instructions.

(b)Requirements for warning labels Warning labels required under subsection (a)(2) shall—

(1)clearly identify the hazard of ingestion; and

(2)instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice.

(c)Treatment of standard for enforcement purposes A consumer product safety standard promulgated under subsection

(a)shall be treated as a consumer product safety rule promulgated under section 2058 of this title.

(d)Exception for reliance on voluntary standard

(1)Before promulgation of standard by Commission Subsection

(a)shall not apply if the Commission determines, before the Commission promulgates a final consumer product safety standard under such subsection, that—

(A)with respect to any consumer product for which there is a voluntary consumer product safety standard that meets the requirements for a standard promulgated under subsection

(a)with respect to such product; and

(B)the voluntary standard described in subparagraph (A)—

(i)is in effect at the time of the determination by the Commission; or

(ii)will be in effect not later than the date that is 180 days after August 16, 2022.

(2)Determination required to be published in Federal Register Any determination made by the Commission under this subsection shall be published in the Federal Register.

(e)Treatment of voluntary standard for enforcement purposes

(1)In general If the Commission makes a determination under subsection

(d)with respect to a voluntary standard, the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 2058 of this title beginning on the date described in paragraph (2).

(2)Date described The date described in this paragraph is the later of—

(A)the date of the determination of the Commission under subsection

(d)with respect to the voluntary standard described in paragraph (1); or

(B)the effective date contained in the voluntary standard described in paragraph (1).

(f)Revision of voluntary standard

(1)Notice to Commission If a voluntary standard with respect to which the Commission has made a determination under subsection

(d)is subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision.

(2)Effective date of revision Beginning on the date that is 180 days after the Commission is notified of a revised voluntary standard described in paragraph

(1)(or such later date as the Commission determines appropriate), such revised voluntary standard in whole or in part shall be considered to be a consumer product safety rule promulgated under section 2058 of this title, in place of the prior version, unless, within 90 days after receiving the notice, the Commission notifies the organization that the revised voluntary standard, in whole or in part, does not improve the safety of the consumer product covered by the standard and that the Commission is retaining all or part of the existing consumer product safety standard.

(g)Future rulemaking At any time after the promulgation of a final consumer product safety standard under subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (e), or a revised voluntary standard becomes enforceable as a consumer product safety rule under subsection (f), the Commission may initiate a rulemaking in accordance with section 553 of title 5 to modify the requirements of the standard or revised standard. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 2058 of this title.

(Pub. L. 117–171, § 2, Aug. 16, 2022, 136 Stat. 2094.)

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