`
`112TH CONGRESS
`1ST SESSION
`
`S. 1165
`
`To protect children and other consumers against hazards associated with
`the accidental ingestion of button cell batteries by requiring the Con-
`sumer Product Safety Commission to promulgate consumer product safe-
`ty standards to require child-resistant closures on remote controls and
`other consumer products that use such batteries, and for other purposes.
`
`IN THE SENATE OF THE UNITED STATES
`JUNE 9, 2011
`Mr. ROCKEFELLER (for himself and Mr. PRYOR) introduced the following bill;
`which was read twice and referred to the Committee on Commerce,
`Science, and Transportation
`
`A BILL
`To protect children and other consumers against hazards
`associated with the accidental ingestion of button cell
`batteries by requiring the Consumer Product Safety
`Commission to promulgate consumer product safety
`standards to require child-resistant closures on remote
`controls and other consumer products that use such bat-
`teries, and for other purposes.
`
`1
`Be it enacted by the Senate and House of Representa-
`2 tives of the United States of America in Congress assembled,
`
`VARTA Ex. 2027 Page 1 of 4
`PEAG/Audio Partnership v. VARTA
`IPR2020-01212
`
`
`
`2
`
`1 SECTION 1. SHORT TITLE.
`2
`This Act may be cited as the ‘‘Button Cell Battery
`3 Safety Act of 2011’’.
`4 SEC. 2. CONSUMER PRODUCT SAFETY STANDARDS FOR
`5
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`22
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`
`BUTTON CELL BATTERY ACCESS.
`(a) DEFINITIONS.—In this section:
`(1) BATTERY-OPERATED OR ASSISTED CON-
`SUMER PRODUCT.—The term ‘‘battery-operated or
`assisted consumer product’’ means a remote control,
`clock, musical greeting card, automobile key, flash-
`light, novelty, or other consumer product powered in
`whole or in part by a button cell battery and that
`is designed, manufactured, and sold primarily for
`use by consumers in or around their homes or motor
`vehicles.
`(2) BUTTON CELL BATTERY.—The term ‘‘but-
`ton cell battery’’ means—
`(A) a cell battery that is 32 millimeters or
`less in diameter and less than its diameter in
`length; or
`(B) any other battery, regardless of the
`technology used to produce an electrical charge,
`as determined by the Consumer Product Safety
`Commission to pose an ingestion hazard.
`(3) CONSUMER
`PRODUCT.—The
`term ‘‘con-
`sumer product’’ has the meaning given the term in
`
`S 1165 IS
`
`VARTA Ex. 2027 Page 2 of 4
`
`
`
`3
`1
`section 3 of the Consumer Product Safety Act (15
`2
`U.S.C. 2052).
`3
`(b) STANDARDS REQUIRED.—Not later than 1 year
`4 after the date of the enactment of this Act, the Consumer
`5 Product Safety Commission shall promulgate, as a final
`6 consumer product safety standard under section 7(a) of
`7 the Consumer Product Safety Act (15 U.S.C. 2056(a))—
`8
`(1) a standard requiring button cell battery
`9
`compartments of battery-operated or assisted con-
`10
`sumer products to be secured, to the greatest extent
`11
`practicable, in a manner that reduces access to but-
`12
`ton cell batteries by children that are 3 years of age
`13
`or younger; and
`14
`(2) standards requiring warning labels—
`15
`(A) to be included in any literature that
`16
`accompanies a battery-operated or assisted con-
`17
`sumer product, such as a user manual;
`18
`(B) to be included on packaging for button
`19
`cell batteries sold to consumers; and
`20
`(C) to be included, as practicable, directly
`21
`on a battery-operated or assisted consumer
`22
`product in a manner that is visible to the con-
`23
`sumer upon installation or replacement of the
`24
`button cell battery.
`
`S 1165 IS
`
`VARTA Ex. 2027 Page 3 of 4
`
`
`
`labels required
`
`4
`1
`(c) WARNING LABELS.—Warning
`2 under subsection (b) shall—
`3
`(1) clearly identify the hazard of ingestion; and
`4
`(2) instruct consumers, as practicable, to keep
`5
`new and used batteries out of the reach of children
`6
`and to seek immediate medical attention if a battery
`7
`is ingested.
`8
`(d) EXPEDITED RULEMAKING.—
`9
`(1) IN GENERAL.—The standards required by
`10
`subsection (b) shall be promulgated in accordance
`11
`with section 553 of title 5, United States Code.
`12
`(2) INAPPLICABILITY OF CERTAIN PROMULGA-
`13
`TION REQUIREMENTS.—The requirements of sub-
`14
`sections (a) through (f) and (g)(1) of section 9 of
`15
`the Consumer Product Safety Act (15 U.S.C. 2058)
`16
`shall not apply to the promulgation of the standards
`17
`required by subsection (b) of this section.
`18
`(e) EFFECTIVE DATE.—Each final consumer product
`19 safety standard required by subsection (b) shall apply to
`20 battery-operated or assisted consumer products manufac-
`21 tured on or after the date that is 1 year after the date
`22 on which the Commission promulgates the standard.
`Æ
`
`S 1165 IS
`
`VARTA Ex. 2027 Page 4 of 4
`
`
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