II 119THCONGRESS 1 STSESSION S. 289 To ban the sale of products with a high concentration of sodium nitrite to individuals, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY29, 2025 Ms. D UCKWORTH(for herself, Mr. CURTIS, and Mr. MORENO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To ban the sale of products with a high concentration of sodium nitrite to individuals, 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 ‘‘Youth Poisoning Pro-4 tection Act’’. 5 SEC. 2. BANNING OF PRODUCTS CONTAINING A HIGH CON-6 CENTRATION OF SODIUM NITRITE. 7 (a) I NGENERAL.—Any consumer product containing 8 a high concentration of sodium nitrite shall be considered 9 VerDate Sep 11 2014 16:50 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 289 IS to be a banned hazardous product under section 8 of the 1 Consumer Product Safety Act (15 U.S.C. 2057). 2 (b) R ULE OFCONSTRUCTION.—Nothing in this sec-3 tion shall be construed to— 4 (1) prohibit any commercial or industrial pur-5 pose in which high concentration sodium nitrite is 6 not customarily produced or distributed for sale to, 7 or use or consumption by, or enjoyment of, a con-8 sumer; and 9 (2) apply to high concentration sodium nitrite 10 that meets the definition of a ‘‘drug’’, ‘‘device’’, or 11 ‘‘cosmetic’’ (as such terms are defined in sections 12 201(g), (h), and (i) of the Federal Food, Drug, and 13 Cosmetic Act (21 U.S.C. 321(g), (h), and (i))), or 14 ‘‘food’’ (as defined in section 201(f) of such Act (21 15 U.S.C. 321(f))), including poultry and poultry prod-16 ucts (as such terms are defined in sections 4(e) and 17 (f) of the Poultry Products Inspection Act (21 18 U.S.C. 453(e)and (f))), meat and meat food prod-19 ucts (as such terms are defined in section 1(j) of the 20 Federal Meat Inspection Act (21 U.S.C. 601(j))), 21 and eggs and egg products (as such terms are de-22 fined in section 4 of the Egg Products Inspection 23 Act (21 U.S.C. 1033)). 24 (c) D EFINITIONS.—For purposes of this section: 25 VerDate Sep 11 2014 16:50 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S289.IS S289 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 289 IS (1) CONSUMER PRODUCT .—The term ‘‘con-1 sumer product’’ has the meaning given that term 2 under section 3(a)(5) of the Consumer Product 3 Safety Act (15 U.S.C. 2052(a)(5)). 4 (2) H IGH CONCENTRATION OF SODIUM NI -5 TRITE.—The term ‘‘high concentration of sodium ni-6 trite’’ means a concentration of 10 or more percent 7 by weight of sodium nitrite. 8 (d) E FFECTIVEDATE.—This section shall take effect 9 90 days after the date of enactment of this Act. 10 Æ VerDate Sep 11 2014 16:50 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S289.IS S289 ssavage on LAPJG3WLY3PROD with BILLS