Section 1 Short title
This Act may be cited as the “Duster Inhalation Prevention Act”.
Duster Inhalation Prevention Act
A BILL
To regulate compressed air dusters to prevent inhalant abuse.
Sec. 2 Definitions
In this Act:
Aerosol duster product— The term aerosol duster product means a product that uses a pressurized canister filled with gas or liquified gas to create a stream of gas hydrofluorocarbons or similar propellants that is primarily used to dislodge or remove dust and debris.
Base period— The base period with respect to aerosol duster products means the average monthly manufacture or import volume for any month within the 13-month period immediately preceding the date of enactment of this Act.
Commission— The term Commission means the Consumer Product Safety Commission.
Recreational inhalation— The term recreational inhalation with respect to a person means knowingly inhaling aerosol duster propellants to become intoxicated or impaired.
Stockpile— The term stockpile means the manufacturing or importing of aerosol duster products at a rate greater than 105 percent of the rate at which such products were manufactured or imported during the base period for the manufacturer or importer.
Sec. 3 Classification as a hazardous product
In general— The Commission shall declare 1,1-difluoroethane (HFC-152a), 1,1,1,2-tetrafluoroethane (HFC-134a), or any derivative product of HFC-152a or HFC-134a to be hazardous substances under the Federal Hazardous Substances Act (15 U.S.C. 1261 note).
Banning of dusters— An aerosol duster product, or other aerosol product, shall be a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 note) if such product contains more than 18 mg of one or more of the hazardous substances described in subsection (a).
Prohibition— In implementing this section, the Commission shall ensure that a manufacturer does not stockpile aerosol products banned under subsection (b).
Additional propellants— The Commission may by regulation promulgated in accordance with section 553 of title 5, United States Code, add additional harmful propellants that are used for the recreational inhalation of gas from compressed air dusters to the hazardous substances described in subsection (a) if the Commission determines such addition to be appropriate.
Limitation— Nothing in this Act shall apply to drugs regulated by the Food and Drug Administration.