Magnet Injury Prevention Act

II 116TH CONGRESS 1ST SESSION S. 3143 To ban certain rare earth magnets, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2019 Mr. BLUMENTHAL introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To ban certain rare earth magnets, 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 ‘‘Magnet Injury Preven- 4 tion Act’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Small, rare earth, high-powered magnets 8 are commonly sold in sets of 200 or more individual 9 magnets. 10 (2) Rare earth, high-powered magnets pose a 11 hidden hazard to infants, children and teens. 12 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3143.IS S3143 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3143 IS (3) When two or more rare earth, high-powered 1 magnets are ingested, the force (or flux) allows 2 magnets to find each other across or between dif- 3 ferent segments of the digestive system. 4 (4) When magnets connect across or between 5 different segments of the digestive system the result 6 can be perforations, abscesses, or fistulas in the 7 bowel. 8 (5) Sometimes, the magnetic force causes the 9 intestine to twist, cutting off blood supply and lead- 10 ing to bowel necrosis. 11 (6) Ingestion of two of more rare earth, high- 12 powered magnets confers a high risk of abdominal 13 catastrophe and death. 14 (7) Children almost universally require high- 15 cost medical intervention following rare earth, high- 16 powered magnet ingestions. 17 (8) Evidence does not exist that warning infor- 18 mation will reduce the hazard associated with the in- 19 gestion of small, powerful rare-earth magnets from 20 magnet sets. 21 (9) The absence of regulatory action to rein- 22 state standards for rare earth, high-powered magnet 23 sets requires legislative action. 24 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3143.IS S3143 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3143 IS SEC. 3. BAN ON CERTAIN RARE EARTH MAGNETS. 1 (a) COVERED RARE EARTH MAGNET DEFINED.—In 2 this section, the term ‘‘covered rare earth magnet’’ means 3 any individual or set of separable, permanent magnets 4 that— 5 (1) is made from alloys of rare earth elements; 6 (2) is— 7 (A) a consumer product (as defined in sec- 8 tion 3 of the Consumer Product Safety Act (15 9 U.S.C. 2052)) that is— 10 (i) intended, marketed, or commonly 11 used as a manipulative or construction 12 item for entertainment, such as puzzle 13 working, sculpture building, mental stimu- 14 lation, stress relief, or for similar enter- 15 tainment; 16 (ii) not a toy subject to ASTM F963 17 (or any successor standard); and 18 (iii) not children’s jewelry that is sub- 19 ject to ASTM F2923 (or any successor 20 standard); or 21 (B) a component of a consumer product 22 described in subparagraph (A); 23 (3) is or contains any individual magnet that 24 fits completely within the small parts cylinder de- 25 VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3143.IS S3143 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3143 IS scribed in section 1501.4 of title 16, Code of Federal 1 Regulations; and 2 (4) is or contains any individual magnet with a 3 flux index of greater than 50 kG2 mm2. 4 (b) BAN ON CERTAIN RARE EARTH MAGNETS.—Cov- 5 ered rare earth magnets shall be considered banned haz- 6 ardous products under section 8 of the Consumer Product 7 Safety Act (15 U.S.C. 2057). 8 (c) EFFECTIVE DATE.—Subsection (b) shall take ef- 9 fect on the date that is 90 days after the date of the enact- 10 ment of this Act and shall apply with respect to covered 11 rare earth magnets that are manufactured in or imported 12 into the United States after the date of the enactment of 13 this Act. 14 Æ VerDate Sep 11 2014 16:00 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3143.IS S3143 pamtmann on DSKBC07HB2PROD with BILLS