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S 289

Expands the offense of unlawfully dealing with a child in the second degree

2025 Regular Session Introduced by George Borrello and 2 co-sponsors

S.289 bans sale of consumer products containing 10%+ sodium nitrite under CPSA, reducing youth access; commercial uses exempt, common curing salts (~6.25%) mostly remain available.

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Bill Summary · S 289

Summary — S. 289: Youth Poisoning Protection Act

Status: Introduced Jan 29, 2025; referred to Senate Committee on Commerce, Science, and Transportation; reported favorably (S. Rept. 119‑49) July 29, 2025; placed on Senate Legislative Calendar (Calendar No. 132). Effective date: 90 days after enactment.

Purpose

S. 289 would reduce access by members of the public (including youth) to high‑concentration sodium nitrite—a chemical that can be rapidly lethal if ingested—by classifying such consumer products as banned hazardous products under the Consumer Product Safety Act (CPSA).

Key provisions

  • Designates any consumer product that contains a "high concentration of sodium nitrite" (defined as 10% or more by weight) as a banned hazardous product under section 8 of the CPSA (15 U.S.C. 2057).
  • Explicitly excludes commercial and industrial uses that are not customarily produced or distributed for sale to consumers.
  • Exempts products that meet statutory definitions of drugs, devices, cosmetics, or food (including meat, poultry, egg products) under the Federal Food, Drug, and Cosmetic Act and related inspection laws.
  • Effective 90 days after the date of enactment.

Who or what would be affected

  • Retailers and online marketplaces offering consumer products with ≥10% sodium nitrite would no longer be able to sell those products to consumers.
  • Manufacturers and distributors of consumer‑market sodium nitrite products would need to reformulate, relabel, or restrict sales to commercial channels to comply.
  • Typical consumer curing salts (commonly ~6.25% sodium nitrite) would not meet the bill’s 10% threshold and thus would generally remain available.
  • Industrial, laboratory, pharmaceutical, and food industry uses (and regulated drugs/foods) are excluded from the ban.

Anticipated impacts and considerations

  • Public health: The bill aims to reduce intentional and accidental poisonings linked to concentrated sodium nitrite by limiting consumer access.
  • Market and enforcement: Classifying products as “banned hazardous products” brings them under the CPSA enforcement framework administered by the Consumer Product Safety Commission (CPSC); the report notes prior availability of high‑purity sodium nitrite via e‑commerce.
  • Industry adjustments: Vendors that sell high‑purity sodium nitrite for legitimate non‑consumer uses would need to ensure sales channels and labeling reflect exemptions (commercial/industrial sales), or alter product formulations/packaging.

Sponsors and related legislation

Primary sponsor: Sen. Tammy Duckworth. Cosponsors include John R. Curtis and Bernie Moreno; additional cosponsors noted in the report. Related/companion measures: H.R. 1768, H.R. 1442, state and prior‑session bills listed in the legislative record.

For full bill text and committee report, see S. 289 and Senate Report 119‑49.

Compiled from official sources — confirm details with the bill’s official record.

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