Amends the Consumer Product Safety Act to allow a secondhand seller to sell, offer for sale, or distribute a product or substance that is not in conformity with a consumer product safety rule relating to lead in children's products or to currently-required labeling for children's products. Defines "secondhand seller" to include: (1) a consignment or thrift shop; (2) an individual who uses the Internet, a yard sale, or other casual means; or (3) a person who sells such a product at an auction to benefit a nonprofit organization.
Delays by six months each required step down in the allowed lead level in children's products. Applies this change as though it had taken effect on August 15, 2008.
Relieves a manufacturer from the requirement to test or certify a product regarding lead content if the manufacturer has tested and certifies each component of the product.
Prohibits either the Consumer Product Safety Commission (CPSC) or any state attorney general from initiating an enforcement proceeding under the Consumer Product Safety Act or the Federal Hazardous Substances Act regarding product certification and labeling and children's products containing lead until 30 days after the issuance of final rules, regulations, or guidance.
Requires the CPSC to waive any civil penalty for a good faith first violation of a prohibition under the Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1465 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1465
To amend the Consumer Product Safety Act to provide regulatory relief
to small and family-owned businesses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2009
Mr. Ellsworth introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Consumer Product Safety Act to provide regulatory relief
to small and family-owned businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CERTAIN REQUIREMENTS INAPPLICABLE TO SECOND-HAND SELLERS.
Section 19 of the Consumer Product Safety Act (15 U.S.C. 2068) is
amended by adding at the end thereof the following:
``(c) Exceptions for Second-Hand Sellers.--
``(1) In general.--It is not a violation of subsection
(a)(1) or (a)(2) of this section for a second-hand seller to
sell, offer for sale, or distribute in commerce--
``(A) a consumer product for resale that is treated
as a banned hazardous substance under the Federal
Hazardous Substances Act (15 U.S.C. 1261 et seq.)
because of the application of section 101(a) of the
Consumer Product Safety Improvement Act of 2008 (15
U.S.C. 1278a); or
``(B) a children's product without the label
required by section 14(c) of this Act.
``(2) Second-hand seller defined.--In this subsection, the
term `second-hand seller' means--
``(A) a consignment shop, thrift shop, or similar
enterprise that sells, offers for sale, or distributes
in commerce a product after the first retail sale of
that product;
``(B) an individual who utilizes the Internet, a
yard sale, or other casual means of selling, or
offering for sale, such a product; or
``(C) a person who sells, or offers for sale, such
a product at an auction for the benefit of a nonprofit
organization.''.
SEC. 2. PROSPECTIVE APPLICATION OF LEAD CONTENT AND THIRD PARTY TESTING
RULES.
(a) Lead Content.--Section 101(a) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a(a)) is amended--
(1) by striking ``(b) beginning on the dates provided in
paragraph (2),'' in paragraph (1) and inserting ``(b),'';
(2) by striking ``(15 U.S.C. 1261 et seq.).'' in paragraph
(1) and inserting ``(15 U.S.C. 1261 et seq.) if it is
manufactured after the date on which such limit takes
effect.'';
(3) by striking ``180 days'' in paragraph (2)(A) and
inserting ``360 days'';
(4) by striking ``1 year'' in paragraph (2)(B) and
inserting ``18 months'';
(5) by striking ``3 years'' in paragraph (2)(C) and
inserting ``3\1/2\ years''; and
(6) by striking ``3 years'' in paragraph (2)(D) and
inserting ``3\1/2\ years''.
(b) Application.--The amendments made by subsection (a) shall be
treated as having taken effect on August 15, 2008.
SEC. 3. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD PARTY TESTING
REQUIREMENT.
Section 14(g) of the Consumer Product Safety Act (15 U.S.C.
2063(g)) is amended by adding at the end thereof the following:
``(5) Special rule for lead content testing and
certification.--Subsection (a) shall not require the
manufacturer or private labeler of a product to test a product
for, or certify it with respect to, lead content if--
``(A) each component of the product has been tested
for lead content by the manufacturer or private labeler
of the component; and
``(B) the manufacturer or private labeler of each
such component certifies that the component (including
paint, electroplating, and other coatings) does not
contain more lead than the limit established by section
101(a)(2) of the Consumer Product Safety Improvement
Act of 2008 (15 U.S.C. 1278a(a)(2)).''.
SEC. 4. SUSPENSION OF ENFORCEMENT PENDING FINAL REGULATIONS.
Notwithstanding any provision of law to the contrary, neither the
Consumer Product Safety Commission nor the Attorney General of any
State may initiate an enforcement proceeding under the Consumer Product
Safety Act or the Federal Hazardous Substances Act for failure to
comply with the requirements of, or for violation of, the following
provisions of law until 30 days after the date on which the Commission
issues the referenced rule, regulation, or guidance:
(1) Section 101(a) of the Consumer Product Safety
Improvement Act of 2008 (15 U.S.C. 1278a) with respect to
materials, products, or parts described in subsection (b)(1),
until the date on which the Commission promulgates a final rule
providing the guidance required by section 101(b)(2)(B) of that
Act.
(2) Section 101(a) of that Act with respect to certain
electronic devices described in section 101(b)(4) of that Act,
until the date on which the Commission, by final regulation,
issues the requirements described in subparagraph (A) of
section 101(b)(4) and establishes the schedule described in
subparagraph (A) of section 101(b)(4).
(3) Section 14(a) (1) or (2) of the Consumer Product Safety
Act (15 U.S.C. 2063(a) (1) or (2)), until the date on which--
(A) the Commission has established and published
final notice of the requirements for accreditation of
third party conformity assessment bodies under section
14(a)(3)(B)(vi) of that Act for products to which
children's product safety rules established or revised
before August 14, 2008, apply,
(B) the Commission has established by final
regulation requirements for the periodic audit of third
party conformity assessment bodies under section
14(d)(1) of that Act (15 U.S.C. 2063(d)(1)), or
(C) the Commission has by final regulation
initiated the program required by section 14(d)(2)(A)
of that Act (15 U.S.C. 2063(d)(2)(A)) and established
protocols and standards under section 14(d)(2)(B) of
that Act (15 U.S.C. 2063(d)(2)(B)),
whichever is last.
SEC. 5. WAIVER OF CIVIL PENALTY FOR INITIAL GOOD FAITH VIOLATION.
Section 20(c) of the Consumer Product Safety Act (15 U.S.C.
2069(c)) is amended by adding at the end thereof the following: ``The
Commission shall waive any civil penalty under this section if the
Commission determines that--
``(1) the violation is the first violation of section 19(a)
by that person; and
``(2) the person was acting in good faith with respect to
the act or omission that constitutes the violation.''.
<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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