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

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

Puspan. 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.

“(span)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

Puspan. 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

Puspan. 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

Puspan. 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.”