US Bill Protects Children Against Hazards Associated with the Accidental Ingestion of Button Cell or Coin Batteries

On 2021-11-30, cited as the “Reese’s Law”, Bill S.3278 was introduced by Mr. Blumenthal, for the purpose to protect children and other consumers against hazards associated with the accidental ingestion of button cell or coin batteries, by requiring the Consumer Product Safety Commission (CPSC) to promulgate a consumer product safety standard to require child-resistant closures on consumer products that use such batteries, and for other purposes.

Significance:
A. Promulgation of Standard By CPSC
Not later than 1 year after the date of the enactment of this Act, the CPSC is required to promulgate, under section 9 of the Consumer Product Safety Act, a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries that includes at least the following items:

Performance Standards
➢ 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 prevents access to button cell or coin batteries by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions

Warning Labels
➢ 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
➢ To be included in any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries
➢ To be included, as practicable, 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.
➢ Clearly identify the hazard of ingestion and 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.

B. Child-Resistant Packaging for Button Cell or Coin Batteries
Not later than 180 days after the date of the enactment of this Act, 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 (or any successor regulations) provided in 16 CFR § 1700.15 - Poison prevention packaging standards, as determined through testing in accordance with the method described in 16 CFR § 1700.20 - Testing procedure for special packaging

C. Exemption for Compliance with Existing Standard
The standards promulgated under this Act shall not apply with respect to any toy product that complies with Standard Consumer Safety Specification for Toy Safety (F963) of ASTM International on the date of enactment of this Act.

References:
https://www.congress.gov/bill/117th-congress/senate-bill/3278/text

Contact us for details.