S 289119th CongressIntroduced

Youth Poisoning Protection Act

Introduced: Jan 29, 2025

Sponsor: Sen. Duckworth, Tammy [D-IL] (D-Illinois)

Economy & Taxes

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Youth Poisoning Protection Act would ban the sale to individuals of consumer products that contain a high concentration of sodium nitrite. A high concentration is defined as 10 percent or more by weight. Such products would be treated as “banned hazardous products” under the Consumer Product Safety Act, giving the Consumer Product Safety Commission (CPSC) authority to regulate or remove them from the market. The bill includes a rule of construction to protect legitimate uses: it would not prohibit certain commercial or industrial applications, and it would not apply to products already regulated as drugs, devices, cosmetics, or foods (including meat, poultry, and eggs) under other law. The act would take effect 90 days after enactment. The measure has been introduced in the Senate and reported out of committee without amendment, signaling potential movement toward floor consideration.

Key Points

1High concentration defined: “high concentration of sodium nitrite” means 10% or more by weight.
2Ban and authority: any consumer product with a high concentration of sodium nitrite would be considered a banned hazardous product under the Consumer Product Safety Act (CPSA), enabling CPSC action to ban sale or require recalls.
3Exemptions and scope: does not apply to legitimate commercial/industrial uses not aimed at consumer sale; and does not apply to products that meet the FD&C Act definitions of drug, device, cosmetic, or food (including poultry/meat/eggs).
4Definitions and scope: “consumer product” is the CPSA’s standard definition; the rule is focused on consumer sales, not large-scale industrial distribution.
5Effective date and process: takes effect 90 days after enactment; reflects typical regulatory timelines for implementing new safety categories.

Impact Areas

Primary group/area affected- Individuals and households, especially youth, who would be protected from exposure to high-nitrite products in consumer markets.Secondary group/area affected- Retailers, online marketplaces, and distributors would face restrictions on selling high-nitrite products to consumers.- Manufacturers and suppliers of high-concentration sodium nitrite destined for consumer use would need to ensure their products fall outside the “consumer product” category or adjust formulations, packaging, or distribution channels.Additional impacts- The CPSC would gain new regulatory authority to ban or require recalls of affected products, potentially changing how nitrite-containing items are marketed and sold.- Regulatory overlap with FDA-regulated products (drugs, devices, cosmetics, and foods) is avoided by exemptions, but the bill creates a distinct safety pathway for non-FDC-regulated consumer products containing nitrite.- Some legitimate uses in industrial, agricultural, or other non-consumer contexts could continue, provided they do not involve consumer sales of high-nitrite products.

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