< Back to H.R. 2727 (107th Congress, 2001–2002)

Text of the Arsenic-Lumber Child Protection Act

This bill was introduced on August 2, 2001, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 2, 2001 (Introduced).

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HR 2727 IH

107th CONGRESS

1st Session

H. R. 2727

To establish a labeling requirement under the Federal Insecticide, Fungicide, and Rodenticide Act in order to prohibit the use of arsenic-treated lumber to manufacture playground equipment, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

August 2, 2001

Mr. BONIOR (for himself Ms. CARSON of Indiana, Mr. GEORGE MILLER of California, Mr. PALLONE, Ms. DELAURO, Mr. KILDEE, Ms. PELOSI, and Mr. SANDERS) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To establish a labeling requirement under the Federal Insecticide, Fungicide, and Rodenticide Act in order to prohibit the use of arsenic-treated lumber to manufacture playground equipment, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Arsenic-Lumber Child Protection Act’.

SEC. 2. PROHIBITION AGAINST USE OF CCA LUMBER TO MANUFACTURE PLAYGROUND EQUIPMENT OR OTHER CHILDREN’S PRODUCTS; DISTRIBUTION OF PRODUCTS.

    (a) IN GENERAL- With respect to lumber that is treated with any of the pesticides known as inorganic arsenicals or chromated copper arsenicals (referred to in this Act as ‘CCA lumber’), the Administrator of the Environmental Protection Agency shall to the extent provided in subsection (b) regulate such lumber as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act, notwithstanding section 152.25 of title 40, Code of Federal Regulations, or other regulations under such Act.

    (b) PROHIBITED USE- For purposes of subsection (a), the Administrator shall by regulation provide as follows:

      (1) That CCA lumber is misbranded within the meaning of section 12(a)(1)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act unless it bears labeling providing that--

        (A) the lumber has been treated with arsenic; and

        (B) it is a violation of Federal law to manufacture or distribute for commercial purposes a product constructed with such lumber if the product is playground equipment or any other item that is intended to be used primarily by children and whose usual use involves direct contact with such lumber.

      (2) That section 12(a)(2)(G) of such Act (relating to unlawful acts) applies to persons who engage in violations described in paragraph (1)(B) of this subsection.

    (c) ADDITIONAL DEFINITIONS- For purposes of this Act:

      (1) The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.

      (2) The ‘manufacture’, with respect to CCA lumber and playground equipment or other items described in subsection (b)(1)(B), includes the creation of products designed to be assembled by consumers and the building of products on behalf of consumers according to specifications of the consumers.

SEC. 3. STUDY OF HEALTH EFFECTS OF CCA LUMBER IN OTHER CONSUMER PRODUCTS.

    The Administrator shall conduct a study to determine the health effects on adults and children of using consumer products whose usual use involves direct contact with CCA lumber, such as picnic tables and benches, decks, and handrails.