The "Youth Poisoning Protection Act" bans consumer products containing high concentrations of sodium nitrite to protect against potential poisoning, while exempting certain industrial, medical, cosmetic, and food-related uses.
Lori Trahan
Representative
MA-3
The "Youth Poisoning Protection Act" bans consumer products containing high concentrations (10% or more by weight) of sodium nitrite, classifying them as hazardous under the Consumer Product Safety Act. This ban does not apply to industrial, commercial, or agricultural uses of sodium nitrite, or products regulated as drugs, devices, cosmetics, or food under the Federal Food, Drug, and Cosmetic Act. The act will take effect 90 days after enactment.
| Party | Total Votes | Yes | No | Did Not Vote |
|---|---|---|---|---|
Republican | 219 | 172 | 42 | 5 |
Democrat | 213 | 206 | 0 | 7 |
High-Concentration Sodium Nitrite Banned from Consumer Goods Under New Act
This legislation, titled the "Youth Poisoning Protection Act," takes direct aim at a specific chemical hazard by banning consumer products containing a high concentration of sodium nitrite. The rule targets products with 10% or more sodium nitrite by weight, classifying them as banned hazardous products under the Consumer Product Safety Act. This ban is set to take effect 90 days after the Act is officially enacted.
Clearing the Shelves: What's Being Banned
The core action here is straightforward: removing certain sodium nitrite products from general consumer access. The focus is on "consumer products" as defined by the Consumer Product Safety Act (Section 3(a)(5), or 15 U.S.C. 2052(a)(5)) – think items typically sold for personal use, in or around homes, schools, or for recreation. By setting the threshold at a "high concentration" (10% or more), the law targets forms of sodium nitrite most likely to pose a significant poisoning risk, particularly if accidentally or intentionally ingested by young people, aligning with the Act's title.
The Exceptions List: Where High-Test Sodium Nitrite is Still OK
It's important to note what isn't covered by this ban. The legislation carves out several specific exemptions. High-concentration sodium nitrite remains permissible for commercial or industrial applications – think manufacturing or other business uses, not direct-to-consumer sales.
Crucially, the ban also explicitly excludes products already regulated under the Federal Food, Drug, and Cosmetic Act, such as:
- Drugs (Section 201(g))
- Medical Devices (Section 201(h))
- Cosmetics (Section 201(i))
- Food (Section 201(f)), which includes meat (Federal Meat Inspection Act, Section 1(j)), poultry (Poultry Products Inspection Act, Section 4(e) and (f)), and eggs (Egg Products Inspection Act, Section 4).
This means items like cured meats, which use sodium nitrite as a preservative but fall under food regulations, won't be affected by this specific ban. The exemptions ensure the ban is targeted at consumer goods not already subject to these other specific regulatory frameworks, focusing the safety measure on preventing poisonings through readily available, high-concentration non-food products.