Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries

15 U.S.C. § 2056e

• Title: 15 — Commerce and Trade
• Chapter: 47 — CONSUMER PRODUCT SAFETY

Text

(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
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.
Any determination made by the Commission under this subsection shall be published in the Federal Register.
(e) Treatment of voluntary standard for enforcement purposes
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).
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
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.
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.

History

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

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of Reese's Law, and not as part of the Consumer Product Safety Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Child-Resistant Packaging for Button Cell or Coin Batteries
Pub. L. 117–171, §3, Aug. 16, 2022, 136 Stat. 2096, provided that:
"(a) Requirement.—Not later than 180 days after the date of the enactment of this Act [Aug. 16, 2022], any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States, shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations (or any successor regulation), as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations (or any successor regulation), or another test method for button cell or coin battery packaging specified, by rule, by the Commission.
"(b) Applicability.—The requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a))."

Exemption for Compliance With Existing Standard
Pub. L. 117–171, §4, Aug. 16, 2022, 136 Stat. 2096, provided that: "The standards promulgated under this Act [see Short Title of 2022 Amendment note set out under section 2051 of this title] shall not apply with respect to any toy product that is in compliance with the battery accessibility and labeling requirements of part 1250 of title 16, Code of Federal Regulations, and in reference to section 3(a) [set out in a note above], shall not apply with respect to button cell or coin batteries that are in compliance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M)."

Applicability Date of Standard and Requirements
Pub. L. 117–171, §6, Aug. 16, 2022, 136 Stat. 2097, provided that: "The standard promulgated under section 2(a) [15 U.S.C. 2056e(a)] and the requirements of section 3(a) [set out in a note above] shall only apply to a product that is manufactured or imported after the effective date of such standard or requirement."

Definitions
Pub. L. 117–171, §5, Aug. 16, 2022, 136 Stat. 2096, provided that: "In this Act [see Short Title of 2022 Amendment note set out under section 2051 of this title]:
"(1) Button cell or coin battery.—The term 'button cell or coin battery' means—
"(A) a single cell battery with a diameter greater than the height of the battery; or
"(B) any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard.
"(2) Commission.—The term 'Commission' means the Consumer Product Safety Commission.
"(3) Consumer product.—The term 'consumer product' has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).
"(4) Consumer product containing button cell or coin batteries.—The term 'consumer product containing button cell or coin batteries' means a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately.
"(5) Toy product.—The term 'toy product' means any object designed, manufactured, or marketed as a plaything for children under 14 years of age."