S. 4479 (Introduced in Senate) — Magnet Injury Prevention Act

1. Short title

This Act may be cited as the “Magnet Injury Prevention Act”.

2. Findings

Congress makes the following findings:

(1)

Small, high-powered magnets are commonly sold in sets of 200 or more individual magnets.

(2)

Small, high-powered magnets pose a hidden hazard to infants, children, and teens.

(3)

When 2 or more high-powered magnets are ingested, or a high-powered magnet and a ferromagnetic object are ingested, the force (or flux) allows magnets to find each other across or between different segments of body tissue, such as GI tissue.

(4)

When magnets, or magnets and ferromagnetic objects, connect across or between different segments of body tissue, the result can be perforations, abscesses, fistulas, or other life-threatening conditions.

(5)

Sometimes, the magnetic force causes the body tissue, such as intestines, to twist, cutting off blood supply and leading to bowel necrosis.

(6)

Ingestion of 2 or more high-powered magnets, or a high-powered magnet and a ferromagnetic object, confers a high risk of abdominal catastrophe and death.

(7)

Ingestion of 2 or more high-powered magnets has resulted in numerous deaths and serious injuries.

(8)

Children almost universally require high-cost medical intervention following high-powered magnet ingestions.

(9)

Evidence does not exist that warning information, alone, will sufficiently reduce the hazard associated with the ingestion of small, high-powered magnets.

(10)

The absence of final regulatory action to reinstate standards for small, high-powered magnet sets requires legislative action.

3. Ban on certain magnets

(a)

Ban on certain small, high-Powered magnets— Not later than 90 days after the date of enactment of this Act, covered small, high-powered magnets, regardless of the date of manufacture, shall be considered a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057).

(b)

Covered small, high-Powered magnet defined— In this section, the term covered small, high-powered magnet means any individual or set of separable magnets that—

(1)

is—

(A)

a consumer product (as defined in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052)) that is—

(i)

designed, marketed, or intended to be used for entertainment, jewelry (including children’s jewelry), mental stimulation, stress relief, or a combination of these;

(ii)

not a toy subject to ASTM F963 (or any successor standard); and

(iii)

not children’s jewelry that is subject to ASTM F2923 (or any successor standard); or

(B)

a component of a consumer product described in subparagraph (A);

(2)

is or contains any individual magnet that fits completely within the small parts cylinder described in section 1501.4 of title 16, Code of Federal Regulations; and

(3)

is or contains any individual magnet with a flux index of 50 kG2 mm2 or greater.

4. Consumer product safety standard for other small, high-powered magnets

(a)

Final standard for other small, high-Powered magnets— Not later than 12 months after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for other small, high-powered magnets if the Commission determines that a consumer product safety standard is reasonably necessary to protect children from death or injury related to such magnets. The determination made by the Commission under this subsection shall be made not later than 3 months after the date of the enactment of this Act and shall be published in the Federal Register.

(b)

Future rulemaking— At any time after 12 months after the date of enactment of this Act, the Consumer Product Safety Commission may promulgate, in accordance with section 553 of title 5, United States Code, a final product safety standard for other small, high-powered magnets.

(c)

Other small, high-Powered magnets defined— In this section, the term other small, high-powered magnets means any individual or set of separable magnets that—

(1)

is—

(A)