Children's Products Safety Act of 2007 - Amends the Consumer Product Safety Act to require every manufacturer (and any related private labeler) of an article for use by a child under 60 months of age which is subject to a consumer product safety standard or a rule under any Act administered by the Consumer Product Safety Commission (CPSC) declaring a consumer product a banned hazardous product to certify, based on testing conducted by a nongovernmental independent third party, that the product conforms to such standard or is not a banned hazardous product.
Bars importation of such articles lacking independent third party certification.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3499 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3499
To amend the Consumer Product Safety Act to require third-party
verification of compliance of children's products with consumer product
safety standards promulgated by the Consumer Product Safety Commission,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2007
Ms. Hooley (for herself and Ms. Wasserman Schultz) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Consumer Product Safety Act to require third-party
verification of compliance of children's products with consumer product
safety standards promulgated by the Consumer Product Safety Commission,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Products Safety Act of
2007''.
SEC. 2. PURPOSE.
The purpose of this Act and the amendments made by this Act is to
prevent the introduction of dangerous toys and other products used by
children into the marketplace by requiring independent third-party
testing and certification that toys and other products intended for use
by children comply with consumer product safety standards and rules
before they enter the interstate stream of commerce.
SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH
CONSUMER PRODUCT SAFETY RULES.
(a) Expansion of Certification Requirement To Include Certification
for Compliance With All Consumer Product Safety Rules Promulgated Under
Acts Administered by the Consumer Product Safety Commission.--
Subsection (a) of section 14 of the Consumer Product Safety Act (15
U.S.C. 2063) is amended--
(1) by redesignating paragraph (2) as paragraph (5);
(2) in paragraph (1)--
(A) by striking ``Every manufacturer'' and
inserting ``Except as provided in paragraph (2),''; and
(B) by designating the second and third sentences
as paragraphs (3) and (4), respectively, and indenting
the margin of such paragraphs, as so designated, 2 ems
from the left margin;
(3) by inserting after paragraph (1) the following:
``(2) Every manufacturer of a children's product (and the
private labeler of such product if it bears a private label)
which is subject to a consumer product safety standard under
this Act or a rule under this or any other Act administered by
the Commission declaring a consumer product a banned hazardous
product shall issue a certificate which shall certify that such
product conforms to such consumer product safety standard or is
not a banned hazardous product under such rule, and shall
specify such consumer product safety standard or such rule.'';
(4) in paragraph (3), as redesignated by paragraph (2)(B),
by striking ``Such certificate shall'' and inserting ``A
certificate required under this subsection shall''; and
(5) in paragraph (5), as redesignated by paragraph (1)--
(A) by striking ``required by paragraph (1) of this
subsection'' and inserting ``required by paragraph (1)
or (2) (as the case may be)''; and
(B) by striking ``requirement under paragraph (1)''
and inserting ``requirement under paragraph (1) or (2)
(as the case may be)''.
(b) Third-Party Certification Required.--Subsection 14(b) of the
Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended--
(1) by striking ``The Commission may'' and inserting ``(1)
The Commission may'';
(2) by designating the second sentence as paragraph (2) and
indenting the margin of such paragraph, as so designated, 2 ems
from the left margin;
(3) in paragraph (2), as so designated, by striking ``Any
test or'' and inserting ``Except as provided in paragraph (3),
any test or''; and
(4) by adding at the end the following:
``(3) In the case of a children's product, any test or
testing program on the basis of which a certificate is issued
under subsection (a)(2) shall be conducted by a nongovernmental
independent third party qualified to perform such tests or
testing programs.''.
(c) Definition of Children's Products and Independent Third
Party.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063)
is amended by adding at the end the following:
``(d) Definitions.--In this section:
``(1) Children's product.--The term `children's product'
means a toy or other article intended for use by a child under
60 months of age that is introduced into the interstate stream
of commerce. In determining whether a toy or article is
intended for use by a child under 60 months of age, the
following factors shall be considered:
``(A) A statement by a manufacturer about the
intended use of such toy or article, including a label
on such toy or article, if such statement is
reasonable.
``(B) The context and manner of the advertising,
promotion, and marketing associated with the toy or
article.
``(C) Whether the toy or article is commonly
recognized by consumers as being intended for use by a
child under 60 months of age.
``(D) The Age Determination Guideline issued by the
Consumer Product Safety Commission in September 2002
and any subsequent version of such Guideline.
``(2) Independent third party.--The term `independent third
party', with respect to a testing entity, means an independent
testing entity that is physically separate from any
manufacturer or private labeler whose product will be tested by
such entity, and is not owned, managed, controlled, or directed
by such manufacturer or private labeler.''.
(d) Label and Certification.--Not later than 180 days after the
date of the enactment of this Act, the Consumer Product Safety
Commission shall prescribe a rule in accordance with subsection (c) of
section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for
children's products described in subsection (d)(1) of such section, as
added by subsection (c) of this section.
SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD-
PARTY TESTING CERTIFICATION.
Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066)
is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon and ``or''; and
(3) by adding at the end the following:
``(6) is a children's product, as that term is defined in
section 14(d), that is not accompanied by a certificate from a
third-party verification entity required by section
14(a)(2).''.
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Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
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