15 USC 2056e - Consumer product safety standard for button cell or coin batteries and consumer products containing such batteries

U.S Code last checked for updates: Nov 25, 2024

§ 2056e.

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

(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

(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

(e)

Treatment of voluntary standard for enforcement purposes

(1)

In general

(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

(2)

Effective date of revision

(g)

Future rulemaking

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

cite as: 15 USC 2056e