Page:United States Statutes at Large Volume 108 Part 1.djvu/752

 108 STAT. 726 PUBLIC LAW 103-267—JUNE 16, 1994 (1) IN GENERAL.— Subject to paragraph (2), a State or political subdivision of a State may not establish or enforce a requirement relating to cautionary labeling of small parts hazards or choking hazards in any toy, game, marble, small ball, or balloon intended or suitable for use by children unless such requirement is identical to a requirement established by amendments made by this section to the Federal Hazardous Substances Act or by regulations promulgated by the Commission. (2) EXCEPTION. —^A State or political subdivision of a State may, until January 1, 1995, enforce a requirement described in paragraph (1) if such requirement was in effect on October 2, 1993. 15 USC 2064 SEC. 102. REPORTING REQUIREMENTS. "°* ^' (a) REPORTS TO CONSUMER PRODUCT SAFETY COMMISSION.— (1) REQUIREMENT TO REPORT.— Each manufacturer, distributor, retailer, and importer of a marble, small ball, or latex balloon, or a toy or game that contains a marble, small ball, latex balloon, or other small part, shall report to the Commission any information obtained by such manufacturer, distributor, retailer, or importer which reasonably supports the conclusion that— (A) an incident occurred in which a child (regardless of age) choked on such a marble, small ball, or latex balloon or on a marble, small ball, latex balloon, or other small part contained in such toy or game; and (B) as a result of that incident the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional. (2) TREATMENT UNDER CPSA.— For purposes of section 19(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the requirement to report information under this subsection is deemed to be a requirement under such Act. (3) EFFECT ON LIABILITY.— ^A report by a manufacturer, distributor, retailer, or importer under paragraph (1) shall not be interpreted, for any purpose, as an admission of liability or of the truth of the information contained in the report. (b) CONFIDENTIALITY PROTECTIONS. — The confidentiality protections of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) apply to any information reported to the Commission under subsection (a) of this section. For purposes of section 6(b)(5) of such Act, information so reported shall be treated as information submitted pursuant to section 15(b) of such Act respecting a consumer product. mcyci:"' TITLE II—CHILDREN'S BICYCLE He[-f^safety HELMET SAFETY 15 USC 6001 SEC. 201. SHORT TITLE. This title may be cited as the "Children's Bicycle Helmet Safety Act of 1994". 15 USC 6001. SEC. 202. ESTABLISHMENT OF PROGRAM. (a) IN GENERAL.— The Administrator of the National Highway Traffic Safety Administration may, in accordance with section 203, make grants to States, political subdivisions of States, and nonprofit

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