[117th Congress Public Law 171]
[From the U.S. Government Publishing Office]
[[Page 2093]]
REESE'S LAW
[[Page 136 STAT. 2094]]
Public Law 117-171
117th Congress
An Act
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 to promulgate a consumer product
safety standard to require child-resistant closures on consumer products
that use such batteries, and for other purposes. <<NOTE: Aug. 16,
2022 - [H.R. 5313]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Reese's Law.>>
SECTION 1. <<NOTE: 15 USC 2051 note.>> SHORT TITLE.
This Act may be cited as ``Reese's Law''.
SEC. 2. <<NOTE: 15 USC 2056e.>> CONSUMER PRODUCT SAFETY STANDARD
FOR BUTTON CELL OR COIN BATTERIES AND CONSUMER
PRODUCTS CONTAINING SUCH BATTERIES.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of the enactment of this Act, the Commission shall, in
accordance with section 553 of title 5, United States Code, 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) <<NOTE: Labeling. Requirements.>> 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
[[Page 136 STAT. 2095]]
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 9 of
the Consumer Product Safety Act (15 U.S.C. 2058).
(d) Exception for Reliance on Voluntary Standard.--
(1) Before promulgation of standard by commission.--
Subsection (a) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> will be in effect
not later than the date that is 180 days after the
date of the enactment of this Act.
(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 9 of the
Consumer Product Safety Act (15 U.S.C. 2058) 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) <<NOTE: Deadline. Notification. Determination.>>
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
[[Page 136 STAT. 2096]]
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 9 of
the Consumer Product Safety Act (15 U.S.C. 2058), 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, United States
Code, 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 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
SEC. 3. <<NOTE: 15 USC 2056e note.>> CHILD-RESISTANT PACKAGING
FOR BUTTON CELL OR COIN BATTERIES.
(a) <<NOTE: Deadline. Determination.>> Requirement.--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 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)).
SEC. 4. <<NOTE: 15 USC 2056e note.>> EXEMPTION FOR COMPLIANCE
WITH EXISTING STANDARD.
The standards promulgated under this Act 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), 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).
SEC. 5. <<NOTE: 15 USC 2056e note.>> DEFINITIONS.
In this Act:
(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
[[Page 136 STAT. 2097]]
(B) <<NOTE: Determination.>> 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.
SEC. 6. <<NOTE: 15 USC 2056e note. Applicability.>> EFFECTIVE
DATE.
The standard promulgated under section 2(a) and the requirements of
section 3(a) shall only apply to a product that is manufactured or
imported after the effective date of such standard or requirement.
Approved August 16, 2022.
LEGISLATIVE HISTORY--H.R. 5313:
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HOUSE REPORTS: No. 117-440 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 168 (2022):
July 26, considered in House.
July 27, prior proceedings vacated; considered and passed
House.
Aug. 2, considered and passed Senate.
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