Magnet Injury Prevention Act

I 116TH CONGRESS 2D SESSION H. R. 6105 To ban certain small, high-powered magnets, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 5, 2020 Mr. CA´RDENAS (for himself and Ms. SCHRIER) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ban certain small, high-powered 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, high-powered magnets are commonly 8 sold in sets of 200 or more individual magnets. 9 (2) Small, high-powered magnets pose a hidden 10 hazard to infants, children, and teens. 11 VerDate Sep 11 2014 21:26 Mar 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6105.IH H6105 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 6105 IH (3) When two or more high-powered magnets 1 are ingested, the force (or flux) allows magnets to 2 find each other across or between different segments 3 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 intestines to twist, cutting off blood supply and lead- 10 ing to bowel necrosis. 11 (6) Ingestion of two or more high-powered 12 magnets confers a high risk of abdominal catas- 13 trophe and death. 14 (7) Children almost universally require high- 15 cost medical intervention following high-powered 16 magnet ingestions. 17 (8) Evidence does not exist that warning infor- 18 mation will sufficiently reduce the hazard associated 19 with the ingestion of small, high-powered magnets 20 from magnet sets. 21 (9) The absence of regulatory action to rein- 22 state standards for small, high-powered magnet sets 23 requires legislative action. 24 VerDate Sep 11 2014 21:07 Mar 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6105.IH H6105 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 6105 IH SEC. 3. BAN ON CERTAIN MAGNETS. 1 (a) BAN ON CERTAIN SMALL, HIGH-POWERED 2 MAGNETS.—Not later than 90 days after the date of en- 3 actment of this Act, covered small, high-powered magnets, 4 regardless of the date of manufacture, shall be considered 5 a banned hazardous product under section 8 of the Con- 6 sumer Product Safety Act (15 U.S.C. 2057). 7 (b) COVERED SMALL, HIGH-POWERED MAGNET DE- 8 FINED.—In this section, the term ‘‘covered small, high- 9 powered magnet’’ means any individual or set of separable 10 magnets that— 11 (1) is— 12 (A) a consumer product (as defined in sec- 13 tion 3 of the Consumer Product Safety Act (15 14 U.S.C. 2052)) that is— 15 (i) intended, marketed, or commonly 16 used as a manipulative or construction 17 item for entertainment, such as puzzle 18 working, sculpture building, mental stimu- 19 lation, stress relief, or for similar enter- 20 tainment; 21 (ii) not a toy subject to ASTM F963 22 (or any successor standard); and 23 (iii) not children’s jewelry that is sub- 24 ject to ASTM F2923 (or any successor 25 standard); or 26 VerDate Sep 11 2014 21:07 Mar 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6105.IH H6105 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 6105 IH (B) a component of a consumer product 1 described in subparagraph (A); 2 (2) is or contains any individual magnet that 3 fits completely within the small parts cylinder de- 4 scribed in section 1501.4 of title 16, Code of Federal 5 Regulations; and 6 (3) is or contains any individual magnet with a 7 flux index of greater than 50 kG2 mm2. 8 Æ VerDate Sep 11 2014 21:26 Mar 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6105.IH H6105 lotter on DSKBCFDHB2PROD with BILLS