[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2715 Enrolled Bill (ENR)]
H.R.2715
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To provide the Consumer Product Safety Commission with greater authority
and discretion in enforcing the consumer product safety laws, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

a69d029d82408ac6e170b127e67f739dd3dbb1b03e49f2f5013078ff641f0f7d

(a) Prospective Application of Lead Limit for Children's
Products.--Section 101(a) of the Consumer Product Safety Improvement
Act of 2008 (15 U.S.C. 1278a(a)) is amended by adding at the end the
following:
``(3) Application.--Each limit set forth in paragraph (2)
(except for the limit set forth in subparagraphs (A) and (B)) shall
apply only to a children's product (as defined in section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a))) that is
manufactured after the effective date of such respective limit.''.
(b) Alternative Limits and Exceptions.--Section 101(b) of such Act
(15 U.S.C. 1278a(b)(1)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Functional purpose exception.--
``(A) In general.--The Commission, on its own initiative or
upon petition by an interested party, shall grant an exception
to the limit in subsection (a) for a specific product, class of
product, material, or component part if the Commission, after
notice and a hearing, determines that--
``(i) the product, class of product, material, or
component part requires the inclusion of lead because it is
not practicable or not technologically feasible to
manufacture such product, class of product, material, or
component part, as the case may be, in accordance with
subsection (a) by removing the excessive lead or by making
the lead inaccessible;
``(ii) the product, class of product, material, or
component part is not likely to be placed in the mouth or
ingested, taking into account normal and reasonably
foreseeable use and abuse of such product, class of
product, material, or component part by a child; and
``(iii) an exception for the product, class of product,
material, or component part will have no measurable adverse
effect on public health or safety, taking into account
normal and reasonably foreseeable use and abuse.
``(B) Measurement.--For purposes of subparagraph (A)(iii),
there is no measurable adverse effect on public health or
safety if the exception described in subparagraph (A) will
result in no measurable increase in blood lead levels of a
child. The Commission may adopt an alternative method of
measurement other than blood lead levels if it determines,
after notice and a hearing, that such alternative method is a
better scientific method for measuring adverse effect on public
health and safety.
``(C) Procedures for granting exception.--
``(i) Burden of proof.--A party seeking an exception
under subparagraph (A) has the burden of demonstrating that
it meets the requirements of such subparagraph.
``(ii) Grounds for decision.--In the case where a party
has petitioned for an exception, in determining whether to
grant the exception, the Commission may base its decision
solely on the materials presented by the party seeking the
exception and any materials received through notice and a
hearing.
``(iii) Admissible evidence.--In demonstrating that it
meets the requirements of subparagraph (A), a party seeking
an exception under such subparagraph may rely on any
nonproprietary information submitted by any other party
seeking such an exception and such information shall be
considered part of the record presented by the party that
relies on that information.
``(iv) Scope of exception.--If an exception is sought
for an entire product, the burden is on the petitioning
party to demonstrate that the criteria in subparagraph (A)
are met with respect to every accessible component or
accessible material of the product.
``(D) Limitation on exception.--If the Commission grants an
exception for a product, class of product, material, or
component part under subparagraph (A), the Commission may, as
necessary to protect public health or safety--
``(i) establish a lead limit that such product, class
of product, material, or component part may not exceed; or
``(ii) place a manufacturing expiration date on such
exception or establish a schedule after which the
manufacturer of such product, class of product, material,
or component part shall be in full compliance with the
limit established under clause (i) or the limit set forth
in subsection (a).
``(E) Application of exception.--An exception under
subparagraph (A) for a product, class of product, material, or
component part shall apply regardless of the date of
manufacture unless the Commission expressly provides otherwise.
``(F) Previously submitted petitions.--A party seeking an
exception under this paragraph may rely on materials previously
submitted in connection with a petition for exclusion under
this section. In such cases, petitioners must notify the
Commission of their intent to rely on materials previously
submitted. Such reliance does not affect petitioners'
obligation to demonstrate that they meet all requirements of
this paragraph as required by subparagraph (C)(i).'';
(2) in paragraph (2)(A), by striking ``include to,'' and
inserting ``include''; and
(3) by redesignating paragraph (5) as paragraph (8) and
inserting after paragraph (4) the following:
``(5) Exception for off-highway vehicles.--
``(A) In general.--Subsection (a) shall not apply to an
off-highway vehicle.
``(B) Off-highway vehicle defined.--For purposes of this
section, the term `off-highway vehicle'--
``(i) means any motorized vehicle--
``(I) that is manufactured primarily for use off
public streets, roads, and highways;
``(II) designed to travel on 2, 3, or 4 wheels; and
``(III) that has either--
``(aa) a seat designed to be straddled by the
operator and handlebars for steering control; or
``(bb) a nonstraddle seat, steering wheel, seat
belts, and roll-over protective structure; and
``(ii) includes a snowmobile.
``(6) Bicycles and related products.--In lieu of the lead
limits established in subsection (a)(2), the limits set forth for
each respective material in the notice of the Commission entitled
`Notice of Stay of Enforcement Pertaining to Bicycles and Related
Products', published June 30, 2009 (74 Fed. Reg. 31254), shall
apply to any metal component part of the products to which the stay
of enforcement described in such notice applies, except that after
December 31, 2011, the limits set forth in such notice shall not be
more than 300 parts per million total lead content by weight for
any metal component part of the products to which such stay
pertains.
``(7) Exclusion of certain used children's products.--
``(A) General exclusion.--The lead limits established under
subsection (a) shall not apply to a used children's product.
``(B) Definition.--In this paragraph, the term `used
children's product' means a children's product (as defined in
section 3(a) of the Consumer Product Safety Act (15 U.S.C.
2052(a)) that was obtained by the seller for use and not for
the purpose of resale or was obtained by the seller, either
directly or indirectly, from a person who obtained such
children's product for use and not for the purpose of resale.
Such term also includes a children's product that was donated
to the seller for charitable distribution or resale to support
charitable purposes. Such term shall not include--
``(i) children's metal jewelry;
``(ii) any children's product for which the donating
party or the seller has actual knowledge that the product
is in violation of the lead limits in this section; or
``(iii) any other children's product or product
category that the Commission determines, after notice and a
hearing.
For purposes of this definition, the term `seller' includes a
person who lends or donates a used children's product.''.

96e1d26d683b185150ea3887ba1e2681811ac455713da0faa11d33da9e403992

(a) In General.--Section 14(d) of the Consumer Product Safety Act
(15 U.S.C. 2063(d)) is amended--
(1) in paragraph (2)(B)(ii), by striking ``random'' and
inserting ``representative''; and
(2) by adding at the end the following:
``(3) Reducing third party testing burdens.--
``(A) Assessment.--Not later than 60 days after the date of
enactment of this paragraph, the Commission shall seek public
comment on opportunities to reduce the cost of third party
testing requirements consistent with assuring compliance with
any applicable consumer product safety rule, ban, standard, or
regulation. The request for public comment shall include the
following:
``(i) The extent to which the use of materials subject
to regulations of another government agency that requires
third party testing of those materials may provide
sufficient assurance of conformity with an applicable
consumer product safety rule, ban, standard, or regulation
without further third party testing.
``(ii) The extent to which modification of the
certification requirements may have the effect of reducing
redundant third party testing by or on behalf of 2 or more
importers of a product that is substantially similar or
identical in all material respects.
``(iii) The extent to which products with a substantial
number of different components subject to third party
testing may be evaluated to show compliance with an
applicable rule, ban, standard, or regulation by third
party testing of a subset of such components selected by a
third party conformity assessment body.
``(iv) The extent to which manufacturers with a
substantial number of substantially similar products
subject to third party testing may reasonably make use of
sampling procedures that reduce the overall test burden
without compromising the benefits of third party testing.
``(v) The extent to which evidence of conformity with
other national or international governmental standards may
provide assurance of conformity to consumer product safety
rules, bans, standards, or regulations applicable under
this Act.
``(vi) The extent to which technology, other than the
technology already approved by the Commission, exists for
third party conformity assessment bodies to test or to
screen for testing consumer products subject to a third
party testing requirement.
``(vii) Other techniques for lowering the cost of third
party testing consistent with assuring compliance with the
applicable consumer product safety rules, bans, standards,
and regulations.
``(B) Regulations.--Following the public comment period
described in subparagraph (A), but not later than 1 year after
the date of enactment of this paragraph, the Commission shall
review the public comments and may prescribe new or revised
third party testing regulations if it determines that such
regulations will reduce third party testing costs consistent
with assuring compliance with the applicable consumer product
safety rules, bans, standards, and regulations.
``(C) Report.--If the Commission determines that it lacks
authority to implement an opportunity for reducing the costs of
third-party testing consistent with assuring compliance with
the applicable consumer product safety rules, bans, standards,
and regulations, it shall transmit a report to Congress
reviewing those opportunities, along with any recommendations
for any legislation to permit such implementation.
``(4) Special rules for small batch manufacturers.--
``(A) Special consideration; exemption.--
``(i) Consideration; alternative requirements.--Subject
to subparagraph (C), in implementing third party testing
requirements under this section, the Commission shall take
into consideration any economic, administrative, or other
limits on the ability of small batch manufacturers to
comply with such requirements and shall, after notice and a
hearing, provide alternative testing requirements for
covered products manufactured by small batch manufacturers
in lieu of those required under subsection (a) or (b). Any
such alternative requirements shall provide for reasonable
methods to assure compliance with any applicable consumer
product safety rule, ban, standard, or regulation. The
Commission may allow such alternative testing requirements
for small batch manufacturers with respect to a specific
product or product class or with respect to a specific
safety rule, ban, standard, or regulation, or portion
thereof.
``(ii) Exemption.--If the Commission determines that no
alternative testing requirement is available or
economically practicable, it shall exempt small batch
manufacturers from third party testing requirements under
subsections (a) and (b).
``(iii) Certification.--In lieu of or as part of any
alternative testing requirements provided under clause (i),
the Commission may allow certification of a product to an
applicable consumer product safety rule, ban, standard, or
regulation, or portion thereof, based on documentation that
the product complies with another national or international
governmental standard or safety requirement that the
Commission determines is the same or more stringent than
the consumer product safety rule, ban, standard, or
regulation, or portion thereof. Any such certification
shall only be allowed to the extent of the equivalency with
a consumer product safety rule, ban, standard, or
regulation and not to any other part of the consumer
product safety rule, ban, standard, or regulation.
``(iv) Restriction.--Except as provided in subparagraph
(C), and except where the Commission determines that the
manufacturer does not meet the definition of a small batch
manufacturer, for any small batch manufacturer registered
pursuant to subparagraph (B), the Commission may not
require third party testing of a covered product by a third
party conformity assessment body until the Commission has
provided either an alternative testing requirement or an
exemption in accordance with clause (i) or (ii),
respectively.
``(B) Registration.--Any small batch manufacturer that
utilizes alternative requirements or an exemption under this
paragraph shall register with the Commission prior to using
such alternative requirements or exemptions pursuant to any
guidelines issued by the Commission to carry out this
requirement.
``(C) Limitation.--The Commission shall not provide or
permit to continue in effect any alternative requirements or
exemption from third party testing requirements under this
paragraph where it determines, based on notice and a hearing,
that full compliance with subsection (a) or (b) is reasonably
necessary to protect public health or safety. The Commission
shall not provide any alternative requirements or exemption
for--
``(i) any of the third party testing requirements
described in clauses (i) through (v) of subsection
(a)(3)(B); or
``(ii) durable infant or toddler products, as defined
in section 104(f) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 2056a(f)).
``(D) Subsequent manufacturer.--Nothing in this paragraph
shall be construed to affect third party testing or any other
requirements with respect to a subsequent manufacturer or other
entity that uses components provided by one or more small batch
manufacturers.
``(E) Definitions.--For purposes of this paragraph--
``(i) the term `covered product' means a consumer
product manufactured by a small batch manufacturer where no
more than 7,500 units of the same product were manufactured
in the previous calendar year; and
``(ii) the term `small batch manufacturer' means a
manufacturer that had no more than $1,000,000 in total
gross revenue from sales of all consumer products in the
previous calendar year. The dollar amount contained in this
paragraph shall be adjusted annually by the percentage
increase in the Consumer Price Index for all urban
consumers published by the Department of Labor.
For purposes of determining the total gross revenue for all
sales of all consumer products of a manufacturer under this
subparagraph, such total gross revenue shall be considered to
include all gross revenue from all sales of all consumer
products of each entity that controls, is controlled by, or is
under common control with such manufacturer. The Commission
shall take steps to ensure that all relevant business
affiliations are considered in determining whether or not a
manufacturer meets this definition.
``(5) Exclusion from third party testing.--
``(A) Certain printed materials.--
``(i) In general.--The third party testing requirements
established under subsection (a) shall not apply to
ordinary books or ordinary paper-based printed materials.
``(ii) Definitions.--
``(I) Ordinary book.--The term `ordinary book'
means a book printed on paper or cardboard, printed
with inks or toners, and bound and finished using a
conventional method, and that is intended to be read or
has educational value. Such term does not include books
with inherent play value, books designed or intended
for a child 3 years of age or younger, and does not
include any toy or other article that is not a book
that is sold or packaged with an ordinary book.
``(II) Ordinary paper-based printed materials.--The
term `ordinary paper-based printed materials' means
materials printed on paper or cardboard, such as
magazines, posters, greeting cards, and similar
products, that are printed with inks or toners and
bound and finished using a conventional method.
``(III) Exclusions.--Such terms do not include
books or printed materials that contain components that
are printed on material other than paper or cardboard
or contain nonpaper-based components such as metal or
plastic parts or accessories that are not part of the
binding and finishing materials used in a conventional
method.
``(B) Metal component parts of bicycles.--The third party
testing requirements established under subsection (a) shall not
apply to metal component parts of bicycles with respect to
compliance with the lead content limits in place pursuant to
section 101(b)(6) of the Consumer Product Safety Improvement
Act of 2008.''.
(b) Prohibited Act.--Section 19(a)(14) of the Consumer Product
Safety Act (15 U.S.C. 2068(a)(14)) is amended by striking the period
and inserting ``, or to subdivide the production of any children's
product into small quantities that have the effect of evading any third
party testing requirements under section 14(a)(2);''.

ef13d8b7c0e1480a91e69c71e5fcef85669f07d0a31ac7755b9ef01e7b056219

PRODUCTS STANDARDS.
(a) Updating Standard.--Section 104(b) of the Consumer Product
Safety Improvement Act of 2008 (15 U.S.C. 2056a(b)) is amended by
adding at the end the following:
``(4) Process for considering subsequent revisions to voluntary
standard.--
``(A) Notice of adoption of voluntary standard.--When the
Commission promulgates a consumer product safety standard under
this subsection that is based, in whole or in part, on a
voluntary standard, the Commission shall notify the
organization that issued the voluntary standard of the
Commission's action and shall provide a copy of the consumer
product safety standard to the organization.
``(B) Commission action on revised voluntary standard.--If
an organization revises a standard that has been adopted, in
whole or in part, as a consumer product safety standard under
this subsection, it shall notify the Commission. The revised
voluntary standard shall be considered to be a consumer product
safety standard issued by the Commission under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058), effective 180
days after the date on which the organization notifies the
Commission (or such later date specified by the Commission in
the Federal Register) unless, within 90 days after receiving
that notice, the Commission notifies the organization that it
has determined that the proposed revision does not improve the
safety of the consumer product covered by the standard and that
the Commission is retaining the existing consumer product
safety standard.''.
(b) Application of Standard.--Section 104(c) of the Consumer
Product Safety Improvement Act of 2008 (15 U.S.C. 2056a(c)) is amended
by redesignating paragraph (3) as paragraph (4) and inserting after
paragraph (2) the following:
``(3) Application of any revision.--With respect to any
revision of the standard promulgated under subsection (b)(1)(B)
subsequent to the initial promulgation of a standard under such
subsection, paragraph (1) shall apply only to a person that
manufactures or imports cribs, unless the Commission determines
that application to any other person described in paragraph (2) is
necessary to protect against an unreasonable risk to health or
safety. If the Commission determines that application to a person
described in paragraph (2) is necessary, it shall provide not less
than 12 months for such person to come into compliance.''.

ee474f0d6a9969c6fb608b547cfb7d61c42fd0eea6a834c346dbd3faff162751

Section 106(a) of the Consumer Product Safety Improvement Act of
2008 (15 U.S.C. 2056b(a)) is amended by inserting ``or any provision
that restates or incorporates a regulation promulgated by the Food and
Drug Administration or any statute administered by the Food and Drug
Administration'' after ``or by statute''.

1bf2895aef164e51503e78d29a4bcce8e33d86cbdd369026b14f3abef29251e5

(a) Accessible, Plasticized Component Parts.--Section 108 of the
Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2057c) is
amended--
(1) by redesignating subsections (c) through (e) as subsections
(e) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Application.--Effective on the date of enactment of this Act,
subsections (a) and (b)(1) and any rule promulgated under subsection
(b)(3) shall apply to any plasticized component part of a children's
toy or child care article or any other component part of a children's
toy or child care article that is made of other materials that may
contain phthalates.
``(d) Exclusion for Inaccessible Component Parts.--
``(1) In general.--The prohibitions established under
subsections (a) and (b) shall not apply to any component part of a
children's toy or child care article that is not accessible to a
child through normal and reasonably foreseeable use and abuse of
such product, as determined by the Commission. A component part is
not accessible under this paragraph if such component part is not
physically exposed by reason of a sealed covering or casing and
does not become physically exposed through reasonably foreseeable
use and abuse of the product. Reasonably foreseeable use and abuse
shall include swallowing, mouthing, breaking, or other children's
activities, and the aging of the product.
``(2) Limitation.--The Commission may revoke an exclusion or
all exclusions granted under paragraph (1) at any time and require
that any or all component parts manufactured after such exclusion
is revoked comply with the prohibitions established under
subsections (a) and (b) if the Commission finds, based on
scientific evidence, that such compliance is necessary to protect
the public health or safety.
``(3) Inaccessibility proceeding.--Within 1 year after the date
of enactment of this subsection, the Commission shall--
``(A) promulgate a rule providing guidance with respect to
what product components, or classes of components, will be
considered to be inaccessible for purposes of paragraph (1); or
``(B) adopt the same guidance with respect to
inaccessibility that was adopted by the Commission with regards
to accessibility of lead under section 101(b)(2)(B), with
additional consideration, as appropriate, of whether such
component can be placed in a child's mouth.
``(4) Application pending commission guidance.--Until the
Commission promulgates a rule pursuant to paragraph (3), the
determination of whether a product component is inaccessible to a
child shall be made in accordance with the requirements laid out in
paragraph (1) for considering a component to be inaccessible to a
child.''.

53352ef7112d85326650561930f19d980626d066c3ae96315275cd49b003cf3f

Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C.
2063(a)(5)) is amended--
(1) by striking ``Effective 1 year'' and inserting ``(A)
Effective 1 year'';
(2) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively; and
(3) by adding at the end the following:
``(B) The Commission may, by regulation, exclude a specific product
or class of products from the requirements in subparagraph (A) if the
Commission determines that it is not practicable for such product or
class of products to bear the marks required by such subparagraph. The
Commission may establish alternative requirements for any product or
class of products excluded under the preceding sentence consistent with
the purposes described in clauses (i) and (ii) of subparagraph (A).''.

8a57e27f9e01df671fe43b41e731d3da177ce25b0aaebb1daecf6f41ebe576de

Section 6A(c) of the Consumer Product Safety Act (15 U.S.C.
2055a(c)) is amended--
(1) in paragraph (3)(A), by inserting ``or paragraph (5)''
after ``paragraph (4)(A)'';
(2) in paragraph (4)(A), by striking ``determines that the
information in such report or comment is materially inaccurate, the
Commission shall--'' and inserting ``receives notice that the
information in such report or comment is materially inaccurate, the
Commission shall stay the publication of the report on the database
as required under paragraph (3) for a period of no more than 5
additional days. If the Commission determines that the information
in such report or comment is materially inaccurate, the Commission
shall--''; and
(3) by adding at the end the following new paragraph:
``(5) Obtaining certain product identification information.--
``(A) In general.--If the Commission receives a report
described in subsection (b)(1)(A) that does not include the
model or serial number of the consumer product concerned, the
Commission shall seek from the individual or entity submitting
the report such model or serial number or, if such model or
serial number is not available, a photograph of the product. If
the Commission obtains information relating to the serial or
model number of the product or a photograph of the product, it
shall immediately forward such information to the manufacturer
of the product. The Commission shall make the report available
in the database on the 15th business day after the date on
which the Commission transmits the report under paragraph (1)
and shall include in the database any additional information
about the product obtained under this paragraph.
``(B) Rule of construction.--Nothing in this paragraph
shall be construed to--
``(i) permit the Commission to delay transmission of
the report under paragraph (1) until the Commission has
obtained the model or serial number or a photograph of the
consumer product concerned; or
``(ii) make inclusion in the database of a report
described in subsection (b)(1)(A) contingent on the
availability of the model or serial number or a photograph
of the consumer product concerned.''.

f53ce1267b889f6e5f087bf559ac1f3b4e80a0af2111cca5478fba529b3b431e

Section 27(b) of the Consumer Product Safety Act (15 U.S.C.
2076(b)) is amended--
(1) in paragraph (3), by inserting ``and physical'' after
``documentary'';
(2) in paragraph (8), by striking ``and'';
(3) by redesignating paragraph (9) as paragraph (10) and
inserting after paragraph (8) the following:
``(9) to delegate to the general counsel of the Commission the
authority to issue subpoenas solely to Federal, State, or local
government agencies for evidence described in paragraph (3); and'';
and
(4) in paragraph (10) (as so redesignated), by inserting
``(except as provided in paragraph (9))'' after ``paragraph (3)''.

c23e31905adc7d3eefd44236f00a967ca604ee9c36b04dbf8a9967c0d01be24f

STANDARDS FOR ALL TERRAIN VEHICLES.
The Commission shall issue the final rule described in section
42(d) of the Consumer Product Safety Act (15 U.S.C. 2089(d)) not later
than 1 year after the date of enactment of this Act.

45910b0976fea9ff4b1c90072ba27a84ed267d626428dd160367e22d99f30879

(a) CPSA.--Section 14 of the Consumer Product Safety Act (15 U.S.C.
2063) is further amended by redesignating the second subsection (d) as
subsection (i).
(b) CPSIA.--Section 101(a)(1) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a(a)(1)) is amended by striking
``(as defined in section 3(a)(16) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)(16)))'' and inserting ``(as defined in section 3(a)
of the Consumer Product Safety Act (15 U.S.C. 2052(a)))''.

3988720707f6f956ddcef95b783db1e6222aed8a5eb17b9f94f9286102da1bcc

Except as provided otherwise, the amendments made by this Act shall
take effect on the date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

02face6dd22530dfe0648acc31fc45bdaf51df6dbbb8247a8af2ede1e73b2a9f

To provide the Consumer Product Safety Commission with greater authority and discretion in enforcing the consumer product safety laws, and for other purposes.

To provide the Consumer Product Safety Commission with greater authority and discretion in enforcing the consumer product safety laws, and for other purposes.

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