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S 289 · Passed Senate · 08-10-26

Youth Poisoning Protection Act

Sen. Duckworth, Tammy (D-IL) · 3 cosponsors · 1 page

What does the Youth Poisoning Protection Act do?

S 289 is a Senate bill sponsored by Sen. Tammy Duckworth (D-IL). This bill treats any consumer product containing a high concentration of sodium nitrite (defined as 10 or more percent by weight) as a banned hazardous product under Section 8 of the Consumer Product Safety Act (15 U.S.C. §2057). A rule of construction limits the ban's reach: it does not prohibit commercial or industrial uses where high-concentration sodium nitrite is not customarily produced or distributed for consumer sale or use, and it does not apply to substances meeting the definition of a drug, device, cosmetic, or food under the Federal Food, Drug, and Cosmetic Act — including poultry and poultry products, meat and meat food products, and eggs and egg products under the Poultry Products Inspection Act, Federal Meat Inspection Act, and Egg Products Inspection Act. "Consumer product" carries its Section 3(a)(5) meaning. The ban takes effect 90 days after enactment.

Did S 289 pass? Where it stands

As of August 24, 2026, S 289 has passed the Senate.

Status: Passed Senate

Latest vote: Senate Passed by voice vote on August 3, 2026

Outlook: Possible

Key provisions

  • New Consumer Ban
    • Any consumer product containing a high concentration of sodium nitrite is considered a banned hazardous product
    • Banning authority is Section 8 of the Consumer Product Safety Act (15 U.S.C. §2057)
  • "High Concentration" Defined
    • 10 or more percent by weight of sodium nitrite
  • Commercial and Food-Industry Carveouts
    • Rule of construction: does not prohibit any commercial or industrial purpose in which high-concentration sodium nitrite is not customarily produced or distributed for sale to, use by, consumption by, or enjoyment of a consumer
    • Does not apply to substances meeting the FD&C Act definitions of drug, device, cosmetic, or food
    • Food carveout expressly covers poultry and poultry products, meat and meat food products, and eggs and egg products under the Poultry Products Inspection Act, Federal Meat Inspection Act, and Egg Products Inspection Act
  • Effective Date
    • Takes effect 90 days after the date of enactment

Last updated August 12, 2026

Read the full bill text on Congress.gov →