To prohibit the manufacture, sale, or distribution in commerce of children's products containing excessive cadmium, chromium, barium, or antimony, and for other purposes.

Summary: Toxic Metals Protection Act of 2010 - Prohibits the manufacture, sale, or distribution in commerce of any children's product containing specified levels of antimony, barium, cadmium, or chromium. Defines a "children's product" as a product designed or intended to be worn or used by a child 12 years of age or younger and sold or distributed at retail.

Directs the Consumer Product Safety Commission (CPSC) to establish a measurement standard for antimony, barium, cadmium, or chromium that is comparable to the measurement standard currently used.

Sets forth: (1) factors to determine whether a product is designed or intended for wear or use by such children; and (2) penalties for violations of such prohibition.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Toxic Metals Protection Act of 
2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Antimony.--The term ``antimony'' means elemental 
        antimony and any compounds or alloys which contain antimony.
            (2) Barium.--The term ``barium'' means elemental barium and 
        any compounds or alloys which contain barium.
            (3) Cadmium.--The term ``cadmium'' means elemental cadmium 
        and any compounds or alloys which contain cadmium.
            (4) Children's product.--
                    (A) In general.--The term ``children's product'' 
                means a product designed or intended to be worn or used 
                by children 12 years of age or younger and sold or 
                distributed at retail.
                    (B) Determination of intention for wear or use by 
                children.--In determining under subparagraph (A) 
                whether a product is designed or intended for wear or 
                use by children 12 years of age or younger, the 
                following factors shall be considered:
                            (i) A statement by a manufacturer about the 
                        intended use of the product if such statement 
                        is reasonable.
                            (ii) Any label on the product.
                            (iii) Whether the product is represented in 
                        its packaging, display, promotion, or 
                        advertising as appropriate for children 12 
                        years of age or younger.
                            (iv) Whether the product is commonly 
                        recognized by consumers as being intended for 
                        use by children 12 years of age or younger.
                            (v) The Age Determination Guidelines: 
                        Relating Children's Ages to Toy Characteristics 
                        and Play Behavior, issued by the Commission in 
                        September 2002, and any modifications to such 
                        Guidelines.
            (5) Chromium.--The term ``chromium'' means elemental 
        chromium and any compounds or alloys which contain chromium.
            (6) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (7) Sold or distributed at retail.--The term ``sold or 
        distributed at retail'' means sold or distributed to a 
        consumer.

SEC. 3. BAN ON CHILDREN'S PRODUCTS CONTAINING CERTAIN LEVELS OF 
              ANTIMONY, BARIUM, CADMIUM, OR CHROMIUM.

    (a) Prohibition.--No person may manufacture for sale, offer for 
sale, or distribute in commerce any children's product containing 
compounds of antimony, barium, cadmium, or chromium of which the metal 
content of the soluble material is in excess of the maximum soluble 
migrated element in parts per million as follows:
            (1) 60 parts per million for antimony.
            (2) 1,000 parts per million for barium.
            (3) 75 parts per million for cadmium.
            (4) 60 parts per million for chromium.
    (b) Penalties.--Any failure of a person to comply with subsection 
(a) shall be treated as a violation of section 4 of the Federal 
Hazardous Substances Act (15 U.S.C. 1263) and subject to the penalties 
set forth in section 5 of such Act (15 U.S.C. 1264).

SEC. 4. ALTERNATIVE MEASURES OF HEAVY METAL CONTENT.

    Not later than 90 days after the date of enactment of this Act, the 
Consumer Product Safety Commission shall establish a measurement 
standard for antimony, barium, cadmium, and chromium based on a units-
of-mass-per-area standard that is statistically comparable to the 
parts-per-million measurement standard currently used.

SEC. 5. REPORTS.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, and annually thereafter, the Commission shall 
submit to Congress a report on the actions taken by the Commission to 
enforce the provisions of this Act, including a summary of the criminal 
and civil penalties imposed under section 3(b).
    (b) Heavy Metals.--Not later than one year after the date of the 
enactment of this Act, the Commission shall submit a report to Congress 
regarding heavy metals that should be banned from children's products.

SEC. 6. EFFECT ON FEDERAL AND STATE LAW.

    (a) In General.--Nothing in this Act or section 18(b)(1)(B) of the 
Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall preempt 
the authority of any State or political subdivision of a State to 
establish or continue in effect a provision of the law of a State or 
political subdivision of a State relating to regulation of products 
containing chromium, cadmium, barium, or antimony, except to the extent 
that compliance with both State and Federal law is impossible. Nothing 
in this section shall be construed to modify or affect any enforcement 
action or liability of any person under the law of any State.
    (b) Preservation of Certain State Law.--Nothing in this Act shall 
be construed to preempt or otherwise affect any warning requirement 
relating to consumer products or substances that is established 
pursuant to State law that was in effect on August 31, 2003.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this Act 
and shall apply with respect to children's products manufactured on or 
after the date that is 90 days after such date of enactment.