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

Summary: Children's Toxic Metals Act - Bans as a hazardous substance and prohibits the manufacture, sale, or distribution in commerce of jewelry containing cadmium, barium, or antimony for children 12 years old or younger.

Sets forth: (1) factors to determine whether jewelry 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 ``Children's Toxic Metals Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Antimony.--The term ``antimony'' means elemental 
        antimony (Sb) and any compounds or alloys which contain 
        antimony.
            (2) Barium.--The term ``barium'' means elemental barium 
        (Ba) and any compounds or alloys which contain barium.
            (3) Cadmium.--The term ``cadmium'' means elemental cadmium 
        (Cd) and any compounds or alloys which contain cadmium.
            (4) Children's jewelry.--
                    (A) In general.--The term ``children's jewelry'' 
                means any jewelry, including charms, bracelets, 
                pendants, necklaces, earrings, or rings, that is 
                designed or intended to be worn or used by children 12 
                years of age or younger and is sold or distributed at 
                retail.
                    (B) Determination of intention for wear or use by 
                children.--In determining under subparagraph (A) 
                whether jewelry 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) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (6) Sold or distributed at retail.--The term ``sold or 
        distributed at retail'' means sold or distributed to a 
        consumer, but does not include selling activity that is 
        intermittent.

SEC. 3. BAN ON CERTAIN PRODUCTS CONTAINING CADMIUM, BARIUM OR ANTIMONY.

    (a) Treatment as Banned Hazardous Substance.--Any children's 
jewelry that is composed in whole or in part of cadmium, barium, or 
antimony shall be treated as a banned hazardous substance under the 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.).
    (b) Treatment as a Regulation Under the Federal Hazardous 
Substances Act.--The ban imposed under subsection (a) shall be treated 
as regulations of the Commission promulgated under or for the 
enforcement of section 2(q) of the Federal Hazardous Substances Act (15 
U.S.C. 1261(q)).
    (c) Regulations.--The Commission may prescribe regulations to carry 
out the provisions of this Act.

SEC. 4. ENFORCEMENT.

    (a) Penalties.--
            (1) In general.--Any failure of a person subject to a 
        requirement of section 3 to comply with such requirement 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).
    (b) Reports.--
            (1) In general.--Not later than 1 year after the date of 
        the 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 subsection (a).
            (2) Heavy metals.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall submit a report 
        to Congress regarding heavy metals which should be banned from 
        children's products.

SEC. 5. 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 affect 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 
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. 6. EFFECTIVE DATE.

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