Youth Poisoning Protection Act
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Would ban the retail sale of consumer products containing sodium nitrite at a concentration of 10% or more by weight, by classifying them as banned hazardous products under the Consumer Product Safety Act. The bill carves out legitimate uses: food products, drugs, medical devices, cosmetics, and commercial or industrial applications not aimed at consumers would remain unaffected.
What this bill would do
What it would do
The bill would designate any consumer product with a sodium nitrite concentration of 10% or more by weight as a "banned hazardous product" under section 8 of the Consumer Product Safety Act, effectively making it unlawful to sell such products to consumers. The ban would take effect 90 days after enactment, giving retailers a short compliance window.
The prohibition would not reach commercial or industrial uses of high-concentration sodium nitrite that are not customarily sold to consumers, nor products qualifying as drugs, medical devices, or cosmetics under the Federal Food, Drug, and Cosmetic Act. Food products are also explicitly excluded — including poultry, meat, and egg products regulated under separate federal food-safety laws — preserving sodium nitrite's established role as a food preservative.
Key provisions
- 1Would classify any consumer product containing 10% or more sodium nitrite by weight as a banned hazardous product under section 8 of the Consumer Product Safety Act, prohibiting its consumer sale.
- 2Would exempt commercial and industrial uses of high-concentration sodium nitrite not ordinarily produced or sold for consumer use.
- 3Would exempt high-concentration sodium nitrite that qualifies as a drug, medical device, cosmetic, or food product — including poultry, meat, and egg products — under applicable federal law.
- 4Would set the ban's effective date at 90 days after enactment, giving retailers a compliance window.
Who would be affected
Retailers and online sellers currently offering high-concentration sodium nitrite products to the general public, consumers who might purchase such products, and the Consumer Product Safety Commission, which enforces banned-product designations under the Consumer Product Safety Act. Commercial food processors, pharmaceutical manufacturers, and industrial users are explicitly carved out and not affected.
Why it matters
If enacted, high-concentration sodium nitrite — which can be lethal in relatively small quantities — would no longer be legally available on the consumer market. Removing consumer-facing sales channels while preserving food, pharmaceutical, and industrial uses would close off a specific point of access without disrupting legitimate commercial supply chains.
What would change
Changes to existing law
Amends Consumer Product Safety Act, 15 U.S.C. 2057 (Sec. 8) (Sec. 2(a))
Adds consumer products with 10% or more sodium nitrite by weight to the category of banned hazardous products, triggering existing enforcement authorities.
Agencies directed to act
Effective dates
- The sodium nitrite consumer product ban takes effect
Funding and costs
Congressional Budget Office estimate
CBO estimates that implementing S. 289 would cost $2 million over the 2025–2030 period, subject to the availability of appropriated funds.
S. 289 would ban the sale of consumer products containing 10 percent or more by weight of sodium nitrite that are covered under the Consumer Product Safety Act, while exempting commercial or industrial products not ordinarily intended for consumer use. CBO estimates the bill would cost $2 million over the 2025–2030 period in discretionary spending (spending that requires annual congressional appropriations), based on information from the Consumer Product Safety Commission. CBO did not identify any significant effects on direct (mandatory) spending or revenues. The estimate does not note any intergovernmental or private-sector mandates exceeding statutory thresholds.
How implementation would work
The bill is largely self-executing: it invokes the existing banned-hazardous-product framework of section 8 of the Consumer Product Safety Act rather than creating new regulatory machinery. The Consumer Product Safety Commission, as the enforcer of that Act, would apply its existing recall, seizure, and civil-penalty authorities to covered products. No new rulemaking is required. Retailers and distributors would have 90 days from enactment to remove non-compliant consumer products from sale.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 132.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill makes a consumer product with a concentration of sodium nitrite of 10% or greater a banned hazardous product.
The restriction does not apply to specified drugs, medical devices, cosmetics, or food products.
Legislative subjects
Child safety and welfare; Commerce; Consumer affairs; Hazardous wastes and toxic substances; Product safety and quality; Retail and wholesale trades
Committee report
S. Rept. 119-49