Children's Product Safety Enhancement and Clarification Act of 2009 - Amends the Consumer Product Safety Improvement Act of 2008 to exempt a children's product made solely out of fabric from provisions limiting the amount of lead in children's products.
Requires the Consumer Product Safety Commission (CPSC), in implementing those lead limits with regard to a small business, a person who sells used goods, or a charity to: (1) work cooperatively with the entity; (2) take into account economic, administrative, or other limits on the entity's compliance ability; and (3) construe those provisions favorably to the entity.
Exempts a children's product made solely out of fabric from provisions requiring a manufacturer to certify, based on third party testing, that the product complies with an applicable children's product safety rule before importing, warehousing, or distributing the product.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1046 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1046
To ensure the effective implementation of children's product safety
standards under the Consumer Product Safety Improvement Act of 2008.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2009
Mr. Putnam (for himself and Mr. Platts) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To ensure the effective implementation of children's product safety
standards under the Consumer Product Safety Improvement Act of 2008.
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 Product Safety
Enhancement and Clarification Act of 2009''.
SEC. 2. MANDATORY EXCLUSION OF FABRIC PRODUCTS FROM LEAD LIMITS;
SPECIAL CONSIDERATIONS IN ENFORCEMENT WITH RESPECT TO
SMALL BUSINESSES, THRIFT STORES SELLING USED GOODS, AND
DONATIONS TO CHARITIES.
(a) Mandatory Exclusion of Fabric Products From Lead Limits.--
Section 101(b) of the Consumer Product Safety Improvement Act of 2008
(15 U.S.C. 1278a(b)) is amended by adding at the end the following:
``(6) Mandatory exclusion of fabric products.--Subsection
(a) of this section shall not apply to a children's product (as
defined in section 3(a)(16) of the Consumer Product Safety Act)
made solely out of fabric (as defined in section 2(f) of the
Textile Fiber Products Identification Act).''.
(b) Special Considerations in Enforcement With Respect to Small
Businesses, Thrift Stores Selling Used Goods, and Donations to
Charities.--Section 101 of such Act (15 U.S.C. 1278a) is amended by
adding at the end the following:
``(h) Special Considerations in Enforcement With Respect to Small
Businesses, Thrift Stores Selling Used Goods, and Donations to
Charities.--
``(1) In general.--In enforcing this section with respect
to an entity described in paragraph (2), or a donation
described in paragraph (3) made or to be made by any entity,
the Commission shall do the following:
``(A) Work cooperatively with the entity.
``(B) Take into account economic, administrative,
or other limits on the ability of the entity to comply
with this section.
``(C) Construe this section, as it applies to the
entity or the donation, favorably to the entity.
``(2) Entity described.--An entity is described in this
paragraph if the entity--
``(A) has made a good faith effort to comply with
this section; and
``(B) is any of the following:
``(i) A business concern that meets the
requirements of section 3(a) of the Small
Business Act and the regulations promulgated
pursuant to that section.
``(ii) A person who sells, including on
consignment, a children's product (as defined
in section 3(a)(16) of the Consumer Product
Safety Act) that, when sold or offered for
sale, has been previously purchased by a
consumer.
``(3) Donation described.--A donation is described in this
paragraph if the donation is of a children's product (as
defined in section 3(a)(16) of the Consumer Product Safety Act)
by a person to an organization that is--
``(A) described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
``(B) exempt from taxation under section 501(a) of
such Code.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101 of the Consumer
Product Safety Improvement Act of 2008.
SEC. 3. EXEMPTION OF FABRIC PRODUCTS FROM MANDATORY THIRD PARTY
TESTING.
(a) In General.--Section 14(a)(2) of the Consumer Product Safety
Act (15 U.S.C. 2063(a)(2)), as amended by section 102(a)(2) of the
Consumer Product Safety Improvement Act of 2008, is amended by
inserting after ``a children's product safety rule'' the following:
``(except a children's product made solely out of fabric (as defined in
section 2(f) of the Textile Fiber Products Identification Act))''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 102 of the
Consumer Product Safety Improvement Act of 2008.
<all>
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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