What This Bill Does
This bill requires the Consumer Product Safety Commission (a federal agency that protects people from unsafe products) to create a safety standard for portable electric heating devices like space heaters. The Commission must examine existing voluntary safety standards and create an official safety rule that is at least as strict as those voluntary standards, or stricter if needed to reduce injury risks.
Who It Affects
The Consumer Product Safety Commission, manufacturers of portable electric heating devices, consumer groups, independent engineers and fire safety experts, and people who use portable heating devices.
Key Provisions
• The Consumer Product Safety Commission must consult with consumer groups, heating device manufacturers, independent engineers, and fire safety experts when examining existing voluntary safety standards for portable heating devices. (Sec. 2(a))
• The Commission must create a safety standard that requires portable heating devices to shut off at a temperature level the Commission determines to be hazardous. (Sec. 2(a))
• The new safety standard must be either the same as existing voluntary standards or stricter than them if the Commission decides a stricter standard would better prevent injuries. (Sec. 2(a))
• After creating the initial standard, the Commission can periodically review and update it to ensure portable heating devices provide the highest level of safety that is possible. (Sec. 2(c))
• If someone disagrees with the safety standard, they can file a legal challenge using procedures outlined in the Consumer Product Safety Act. (Sec. 2(d))
What Changes
Portable electric heating devices will be subject to a new federal safety standard instead of only voluntary standards. Manufacturers will need to ensure their products meet this official safety requirement. The auto-shutoff feature at hazardous temperatures becomes a mandatory requirement.
Important Definitions
The bill states that "Commission" means the Consumer Product Safety Commission. "Portable heating device" is defined by the Commission itself, but the bill does not provide a specific definition.
I
118TH CONGRESS
1ST SESSION
H. R. 823
To require the Consumer Product Safety Commission to issue a consumer
product safety standard for portable electric heating devices, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. TORRES of New York (for himself and Ms. CLARKE of New York) intro-
duced the following bill; which was referred to the Committee on Energy
and Commerce
A BILL
To require the Consumer Product Safety Commission to
issue a consumer product safety standard for portable
electric heating devices, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Safer Heat Act of
4
2023’’.
5
VerDate Sep 11 2014
01:59 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H823.IH
H823
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 823 IH
SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR
1
PORTABLE HEATING DEVICES.
2
(a) CONSUMER PRODUCT SAFETY STANDARD RE-
3
QUIRED.—The Consumer Product Safety Commission
4
shall—
5
(1) in consultation with representatives of con-
6
sumer groups, portable heating device product man-
7
ufacturers, and independent engineers and experts
8
and fire safety experts, examine and assess the ef-
9
fectiveness of any voluntary consumer product safety
10
standard for portable heating devices; and
11
(2) in accordance with section 553 of title 5,
12
United States Code, promulgate a consumer product
13
safety standard that includes, at a minimum, a re-
14
quirement that the portable heating device shut off
15
at a threshold determined hazardous by the Commis-
16
sion, and that—
17
(A) is substantially the same as such vol-
18
untary standard; or
19
(B) is more stringent than such voluntary
20
standard, if the Commission determines that a
21
more stringent standard would further reduce
22
the risk of injury associated with such device.
23
(b) TREATMENT OF STANDARD.—A consumer prod-
24
uct safety standard promulgated under subsection (a)
25
shall be treated as a consumer product safety rule promul-
26
VerDate Sep 11 2014
01:59 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H823.IH
H823
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 823 IH
gated under section 9 of the Consumer Product Safety Act
1
(15 U.S.C. 2058).
2
(c) ADDITIONAL RULEMAKING.—After promulgating
3
the standard required pursuant to subsection (a), the
4
Commission may, in accordance with section 553 of title
5
5, United States Code, periodically review and revise the
6
standard to ensure the standard provides the highest level
7
of safety for portable heating devices that is feasible.
8
(d) JUDICIAL REVIEW.—Any person adversely af-
9
fected by a standard promulgated or revised under this
10
section may file a petition for review under the procedures
11
set forth in section 11(g) of the Consumer Product Safety
12
Act (15 U.S.C. 2060(g)).
13
(e) REVISIONS TO VOLUNTARY STANDARD.—
14
(1) NOTICE OF ADOPTION.—Not later than 60
15
days after the date on which the Commission pro-
16
mulgates a consumer product safety standard under
17
this section that is based, in whole or in part, on a
18
voluntary standard, the Commission shall notify the
19
organization that issued the voluntary standard of
20
the Commission standard and shall provide a copy of
21
the Commission standard to the organization.
22
(2) COMMISSION
ACTION
ON
REVISED
VOL-
23
UNTARY STANDARD.—
24
VerDate Sep 11 2014
01:59 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H823.IH
H823
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 823 IH
(A) NOTIFICATION BY STANDARDS ORGA-
1
NIZATION.—Not later than 60 days after the
2
date on which an organization revises a stand-
3
ard that has been adopted, in whole or in part,
4
as a consumer product safety standard under
5
this section, the organization shall notify the
6
Commission of such revision.
7
(B) ADOPTION OR REJECTION OF REVISED
8
STANDARD.—A revised voluntary standard de-
9
scribed under subparagraph (A) shall be treated
10
as a consumer product safety standard promul-
11
gated under section 9 of the Consumer Product
12
Safety Act (15 U.S.C. 2058) effective 180 days
13
after the date on which the organization notifies
14
the Commission (or such later date specified by
15
the Commission in the Federal Register) unless,
16
within 90 days after the date on which the no-
17
tice is received, the Commission notifies the or-
18
ganization that the Commission has determined
19
that the revised voluntary standard does not
20
improve the safety of the consumer product cov-
21
ered by the standard and that the Commission
22
will not adopt that standard.
23
(f) DEFINITIONS.—In this section:
24
VerDate Sep 11 2014
01:59 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H823.IH
H823
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 823 IH
(1) COMMISSION.—The term ‘‘Commission’’
1
means the Consumer Product Safety Commission.
2
(2) PORTABLE
HEATING
DEVICE.—The term
3
‘‘portable heating device’’ shall have the meaning
4
given such term by the Commission.
5
Æ
VerDate Sep 11 2014
01:59 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H823.IH
H823
pbinns on DSKJLVW7X2PROD with $$_JOB