S. 5002

119 S5002 IS: Duster Inhalation Prevention Act
 U.S. Senate
 2026-07-15
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 5002  IN THE SENATE OF THE UNITED STATES   July 15, 2026   Mr. Wyden  (for himself and  Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To regulate compressed air dusters to prevent inhalant abuse.
1.
Short title
This Act may be cited as the   Duster Inhalation Prevention Act  .
2.
Definitions
In this Act:
(1)
Aerosol duster product
The term  aerosol duster product  means a product that uses a pressurized canister filled with gas or liquified gas to create a stream of gas hydrofluorocarbons or similar propellants that is primarily used to dislodge or remove dust and debris.
(2)
Base period
The  base period  with respect to aerosol duster products means the average monthly manufacture or import volume for any month within the 13-month period immediately preceding the date of enactment of this Act.
(3)
Commission
The term  Commission  means the Consumer Product Safety Commission.
(4)
Recreational inhalation
The term  recreational inhalation  with respect to a person means knowingly inhaling aerosol duster propellants to become intoxicated or impaired.
(5)
Stockpile
The term  stockpile  means the manufacturing or importing of aerosol duster products at a rate greater than 105 percent of the rate at which such products were manufactured or imported during the base period for the manufacturer or importer.
3.
Classification as a hazardous product
(a)
In general
The Commission shall declare 1,1-difluoroethane (HFC-152a), 1,1,1,2-tetrafluoroethane (HFC-134a), or any derivative product of HFC-152a or HFC-134a to be hazardous substances under the Federal Hazardous Substances Act ( 15 U.S.C. 1261  note).
(b)
Banning of dusters
An aerosol duster product, or other aerosol product, shall be a banned hazardous substance under the Federal Hazardous Substances Act ( 15 U.S.C. 1261  note) if such product contains more than 18 mg of one or more of the hazardous substances described in subsection (a).
(c)
Prohibition
In implementing this section, the Commission shall ensure that a manufacturer does not stockpile aerosol products banned under subsection (b).
(d)
Additional propellants
The Commission may by regulation promulgated in accordance with section 553 of title 5, United States Code, add additional harmful propellants that are used for the recreational inhalation of gas from compressed air dusters to the hazardous substances described in subsection (a) if the Commission determines such addition to be appropriate.
(e)
Limitation
Nothing in this Act shall apply to drugs regulated by the Food and Drug Administration.