PUBLIC LAW 110–314—AUG. 14, 2008

dkrause on GSDDPC44 with PUBLIC LAWSCONSUMER PRODUCT SAFETY
IMPROVEMENT ACT OF 2008

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00001

Fmt 6579

Sfmt 6579

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3016

PUBLIC LAW 110–314—AUG. 14, 2008

Public Law 110–314
110th Congress
An ActAug. 14, 2008
[H.R. 4040]

Consumer
Product Safety
Improvement Act
of 2008.
Commerce andtrade.
15 USC 2051
note.

To establish consumer product safety standards and other safety requirements
for children’s products and to reauthorize and modernize the Consumer Product
Safety Commission.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Consumer
Product Safety Improvement Act of 2008’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authority to issue implementing regulations.
TITLE I—CHILDREN’S PRODUCT SAFETY
Sec. 101. Children’s products containing lead; lead paint rule.
Sec. 102. Mandatory third party testing for certain children’s products.
Sec. 103. Tracking labels for children’s products.
Sec. 104. Standards and consumer registration of durable nursery products.
Sec. 105. Labeling requirement for advertising toys and games.
Sec. 106. Mandatory toy safety standards.
Sec. 107. Study of preventable injuries and deaths in minority children related toconsumer products.
Sec. 108. Prohibition on sale of certain products containing specified phthalates.
TITLE II—CONSUMER PRODUCT SAFETY COMMISSION REFORM

dkrause on GSDDPC44 with PUBLIC LAWS

Subtitle A—Administrative Improvements
Sec. 201. Reauthorization of the Commission.
Sec. 202. Full Commission requirement; interim quorum; personnel.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Inspector general audits and reports.
Sec. 206. Industry-sponsored travel ban.
Sec. 207. Sharing of information with Federal, State, local, and foreign government
agencies.
Sec. 208. Employee training exchanges.
Sec. 209. Annual reporting requirement.
Subtitle B—Enhanced Enforcement Authority
Sec. 211. Public disclosure of information.
Sec. 212. Establishment of a public consumer product safety database.
Sec. 213. Prohibition on stockpiling under other Commission-enforced statutes.
Sec. 214. Enhanced recall authority and corrective action plans.
Sec. 215. Inspection of firewalled conformity assessment bodies; identification of
supply chain.
Sec. 216. Prohibited acts.
Sec. 217. Penalties.
Sec. 218. Enforcement by State attorneys general.
Sec. 219. Whistleblower protections.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00002

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3017

Subtitle C—Specific Import-Export Provisions
Sec. 221. Export of recalled and non-conforming products.
Sec. 222. Import safety management and interagency cooperation.
Sec. 223. Substantial product hazard list and destruction of noncompliant imported
products.
Sec. 224. Financial responsibility.
Sec. 225. Study and report on effectiveness of authorities relating to safety of imported consumer products.
Subtitle D—Miscellaneous Provisions and Conforming Amendments
Sec. 231. Preemption.
Sec. 232. All-terrain vehicle standard.
Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970.
Sec. 234. Study on use of formaldehyde in manufacturing of textile and apparel articles.
Sec. 235. Technical and conforming changes.
Sec. 236. Expedited judicial review.
Sec. 237. Repeal.
Sec. 238. Pool and Spa Safety Act technical amendments.
Sec. 239. Effective dates and Severability.
SEC. 2. REFERENCES.

(a) DEFINED TERMS.—As used in this Act—
(1) the term ‘‘appropriate Congressional committees’’ means
the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, andTransportation of the Senate; and(2) the term ‘‘Commission’’ means the Consumer Product
Safety Commission.
(b) CONSUMER PRODUCT SAFETY ACT.—Except as otherwise
expressly provided, whenever in this Act an amendment isexpressed as an amendment to a section or other provision, thereference shall be considered to be made to a section or otherprovision of the Consumer Product Safety Act (15 U.S.C. 2051
et seq.).

15 USC 2051
note.

SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS.

15 USC 2051
note.

The Commission may issue regulations, as necessary, to implement this Act and the amendments made by this Act.

TITLE I—CHILDREN’S PRODUCT SAFETY

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 101. CHILDREN’S PRODUCTS CONTAINING LEAD; LEAD PAINT
RULE.

(a) GENERAL LEAD BAN.—(1) TREATMENT AS A BANNED HAZARDOUS SUBSTANCE.—
Except as expressly provided in subsection (b) beginning on
the dates provided in paragraph (2), any children’s product(as defined in section 3(a)(16) of the Consumer Product Safety
Act (15 U.S.C. 2052(a)(16))) that contains more lead than thelimit established by paragraph (2) shall be treated as a banned
hazardous substance under the Federal Hazardous Substances
Act (15 U.S.C. 1261 et seq.).
(2) LEAD LIMIT.—(A) 600 PARTS PER MILLION.—Except as provided insubparagraphs (B), (C), (D), and (E), beginning 180 days
after the date of enactment of this Act, the lead limit
referred to in paragraph (1) is 600 parts per million total
lead content by weight for any part of the product.
(B) 300 PARTS PER MILLION.—Except as provided bysubparagraphs (C), (D), and (E), beginning on the date

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

15 USC 1278a.

Effective dates.

APPS10

PsN: PUBL314

122 STAT. 3018

dkrause on GSDDPC44 with PUBLIC LAWS

Applicability.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008

that is 1 year after the date of enactment of this Act,the lead limit referred to in paragraph (1) is 300 parts
per million total lead content by weight for any part ofthe product.
(C) 100 PARTS PER MILLION.—Except as provided insubparagraphs (D) and (E), beginning on the date thatis 3 years after the date of enactment of this Act, subparagraph (B) shall be applied by substituting ‘‘100 parts per
million’’ for ‘‘300 parts per million’’ unless the Commission
determines that a limit of 100 parts per million is nottechnologically feasible for a product or product category.
The Commission may make such a determination only
after notice and a hearing and after analyzing the publichealth protections associated with substantially reducing
lead in children’s products.
(D) ALTERNATE REDUCTION OF LIMIT.—If the Commission determines under subparagraph (C) that the 100 parts
per million limit is not technologically feasible for a productor product category, the Commission shall, by regulation,
establish an amount that is the lowest amount of lead,lower than 300 parts per million, the Commission determines to be technologically feasible to achieve for that
product or product category. The amount of lead establishedby the Commission under the preceding sentence shallbe substituted for the 300 parts per million limit undersubparagraph (B) beginning on the date that is 3 years
after the date of enactment of this Act.
(E) PERIODIC REVIEW AND FURTHER REDUCTIONS.—The
Commission shall, based on the best available scientificand technical information, periodically review and revise
downward the limit set forth in this subsection, no lessfrequently than every 5 years after promulgation of thelimit under subparagraph (C) or (D) to require the lowest
amount of lead that the Commission determines is technologically feasible to achieve. The amount of lead establishedby the Commission under the preceding sentence shallbe substituted for the lead limit in effect immediately before
such revision.
(b) EXCLUSION OF CERTAIN MATERIALS OR PRODUCTS AND
INACCESSIBLE COMPONENT PARTS.—(1) CERTAIN PRODUCTS OR MATERIALS.—The Commission
may, by regulation, exclude a specific product or material fromthe prohibition in subsection (a) if the Commission, after notice
and a hearing, determines on the basis of the best-available,
objective, peer-reviewed, scientific evidence that lead in suchproduct or material will neither—(A) result in the absorption of any lead into the human
body, taking into account normal and reasonably foreseeable use and abuse of such product by a child, including
swallowing, mouthing, breaking, or other children’s activities, and the aging of the product; nor(B) have any other adverse impact on public healthor safety.
(2) EXCEPTION FOR INACCESSIBLE COMPONENT PARTS.—(A) IN GENERAL.—The limits established under subsection (a) shall not apply to any component part of achildren’s product that is not accessible to a child throughJkt 069139

PO 00314

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3019

normal and reasonably foreseeable use and abuse of suchproduct, as determined by the Commission. A component
part is not accessible under this subparagraph if suchcomponent part is not physically exposed by reason ofa sealed covering or casing and does not become physically
exposed through reasonably foreseeable use and abuse of
the product. Reasonably foreseeable use and abuse shall
include to, swallowing, mouthing, breaking, or other children’s activities, and the aging of the product.
(B) INACCESSIBILITY PROCEEDING.—Within 1 year after
the date of enactment of this Act, the Commission shallpromulgate a rule providing guidance with respect to what
product components, or classes of components, will beconsidered to be inaccessible for purposes of subparagraph(A).
(C) APPLICATION PENDING CPSC GUIDANCE.—Until the
Commission promulgates a rule pursuant to subparagraph(B), the determination of whether a product component
is inaccessible to a child shall be made in accordance withthe requirements laid out in subparagraph (A) for considering a component to be inaccessible to a child.
(3) CERTAIN BARRIERS DISQUALIFIED.—For purposes of thissubsection, paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrateinaccessible to a child, or to prevent absorption of any lead
into the human body, through normal and reasonably foreseeable use and abuse of the product.
(4) CERTAIN ELECTRONIC DEVICES.—If the Commission
determines that it is not technologically feasible for certain
electronic devices, including devices containing batteries, tocomply with subsection (a), the Commission, by regulation,
shall—(A) issue requirements to eliminate or minimize thepotential for exposure to and accessibility of lead in suchelectronic devices, which may include requirements thatsuch electronic devices be equipped with a child-resistantcover or casing that prevents exposure to and accessibilityof the parts of the product containing lead; and(B) establish a schedule by which such electronic
devices shall be in full compliance with the limits in subsection (a), unless the Commission determines that fullcompliance will not be technologically feasible for suchdevices within a schedule set by the Commission.
(5) PERIODIC REVIEW.—The Commission shall, based on
the best available scientific and technical information, periodically review and revise the regulations promulgated pursuant
to this subsection no less frequently than every 5 years after
the first promulgation of a regulation under this subsection
to make them more stringent and to require the lowest amountof lead the Commission determines is technologically feasible
to achieve.
(c) APPLICATION WITH ASTM F963.—To the extent that any
regulation promulgated by the Commission under this section (orany section of the Consumer Product Safety Act or any otherAct enforced by the Commission, as such Acts are affected bythis section) is inconsistent with the ASTM F963 standard, such

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

Requirements.

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3020

Effective date.

dkrause on GSDDPC44 with PUBLIC LAWS

Deadline.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008

promulgated regulation shall supersede the ASTM F963 standard
to the extent of the inconsistency.
(d) TECHNOLOGICAL FEASIBILITY DEFINED.—For purposes of thissection, a limit shall be deemed technologically feasible with regard
to a product or product category if—(1) a product that complies with the limit is commerciallyavailable in the product category;(2) technology to comply with the limit is commerciallyavailable to manufacturers or is otherwise available within
the common meaning of the term;(3) industrial strategies or devices have been developedthat are capable or will be capable of achieving such a limit
by the effective date of the limit and that companies, acting
in good faith, are generally capable of adopting; or(4) alternative practices, best practices, or other operationalchanges would allow the manufacturer to comply with thelimit.
(e) PENDING RULEMAKING PROCEEDINGS TO HAVE NO EFFECT.—The pendency of a rulemaking proceeding to consider—(1) a delay in the effective date of a limit or an alternate
limit under this section related to technological feasibility,(2) an exception for certain products or materials or inaccessibility guidance under subsection (b) of this section, or(3) any other request for modification of or exemption fromany regulation, rule, standard, or ban under this Act or any
other Act enforced by the Commission,
shall not delay the effect of any provision or limit under thissection nor shall it stay general enforcement of the requirementsof this section.
(f) MORE STRINGENT LEAD PAINT BAN.—(1) IN GENERAL.—Effective on the date that is 1 year after
the date of enactment of this Act, the Commission shall modify
section 1303.1 of its regulations (16 C.F.R. 1301.1) by substituting ‘‘0.009 percent’’ for ‘‘0.06 percent’’ in subsection (a)of that section.
(2) PERIODIC REVIEW AND REDUCTION.—The Commission
shall, no less frequently than every 5 years after the dateon which the Commission modifies the regulations pursuant
to paragraph (1), review the limit for lead in paint set forthin section 1303.1 of title 16, Code of Federal Regulations (asrevised by paragraph (1)), and shall by regulation revise downward the limit to require the lowest amount of lead that theCommission determines is technologically feasible to achieve.
(3) METHODS FOR SCREENING LEAD IN SMALL PAINTEDAREAS.—In order to provide for effective and efficient enforcement of the limit set forth in section 1303.1 of title 16, Codeof Federal Regulations, the Commission may rely on x-ray
fluorescence technology or other alternative methods for measuring lead in paint or other surface coatings on products subject
to such section where the total weight of such paint or surface
coating is no greater than 10 milligrams or where such paintor surface coating covers no more than 1 square centimeterof the surface area of such products. Such alternative methods
for measurement shall not permit more than 2 microgramsof lead in a total weight of 10 milligrams or less of paintor other surface coating or in a surface area of 1 square centimeter or less.

Jkt 069139

PO 00314

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3021

dkrause on GSDDPC44 with PUBLIC LAWS

(4) ALTERNATIVE METHODS OF MEASURING LEAD IN PAINT
GENERALLY.—(A) STUDY.—Not later than 1 year after the date ofenactment of this Act, the Commission shall complete a
study to evaluate the effectiveness, precision, and reliabilityof x-ray fluorescence technology and other alternative
methods for measuring lead in paint or other surface
coatings when used on a children’s product or furniture
article in order to determine compliance with part 1303
of title 16, Code of Federal Regulations, as modified pursuant to this subsection.
(B) RULEMAKING.—If the Commission determines,
based on the study in subparagraph (A), that x-ray fluorescence technology or other alternative methods for measuring lead in paint are as effective, precise, and reliable
as the methodology used by the Commission for compliancedeterminations prior to the date of enactment of this Act,
the Commission may promulgate regulations governing theuse of such methods in determining the compliance of
products with part 1303 of title 16, Code of Federal Regulations, as modified pursuant to this subsection. Any regulations promulgated by the Commission shall ensure thatsuch alternative methods are no less effective, precise, andreliable than the methodology used by the Commission
prior to the date of enactment of this Act.
(5) PERIODIC REVIEW.—The Commission shall, no less frequently than every 5 years after the Commission completes
the study required by paragraph (4)(A), review and revise any
methods for measurement utilized by the Commission pursuant
to paragraph (3) or pursuant to any regulations promulgatedunder paragraph (4) to ensure that such methods are the mosteffective methods available to protect children’s health. The
Commission shall conduct an ongoing effort to study andencourage the further development of alternative methods formeasuring lead in paint and other surface coating that caneffectively, precisely, and reliably detect lead levels at or below
the level set forth in part 1303 of title 16, Code of Federal
Regulations, or any lower level established by regulation.
(6) NO EFFECT ON LEGAL LIMIT.—Nothing in paragraph(3), nor reliance by the Commission on any alternative methodof measurement pursuant to such paragraph, nor any ruleprescribed pursuant to paragraph (4), nor any method established pursuant to paragraph (5) shall be construed to alter
the limit set forth in section 1303 of title 16, Code of Federal
Regulations, as modified pursuant to this subsection, or provide
any exemption from such limit.
(7) CONSTRUCTION.—Nothing in this subsection shall be
construed to affect the authority of the Commission or any
other person to use alternative methods for detecting lead asa screening method to determine whether further testing or
action is needed.
(g) TREATMENT AS A REGULATION UNDER THE FHSA.—Any ban
imposed by subsection (a) or rule promulgated under subsection(a) or (b) of this section, and section 1303.1 of title 16, Codeof Federal Regulations (as modified pursuant to subsection (f)(1)or (2)), or any successor regulation, shall be considered a regulationof the Commission promulgated under or for the enforcement of

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3022

PUBLIC LAW 110–314—AUG. 14, 2008section 2(q) of the Federal Hazardous Substances Act (15 U.S.C.
1261(q)).
SEC. 102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN’S PRODUCTS.

(a) MANDATORY AND THIRD PARTY TESTING.—(1) GENERAL CONFORMITY CERTIFICATION.—(A) AMENDMENT.—Paragraph (1) of section 14(a) (15
U.S.C. 2063(a)) is amended to read as follows:‘‘(1) GENERAL CONFORMITY CERTIFICATION.—Except as provided in paragraphs (2) and (3), every manufacturer of a productwhich is subject to a consumer product safety rule under thisAct or similar rule, ban, standard, or regulation under any
other Act enforced by the Commission and which is imported
for consumption or warehousing or distributed in commerce(and the private labeler of such product if such product bears
a private label) shall issue a certificate which—‘‘(A) shall certify, based on a test of each product orupon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations
applicable to the product under this Act or any other Act
enforced by the Commission; and‘‘(B) shall specify each such rule, ban, standard, or
regulation applicable to the product.’’.
(B) EFFECTIVE DATE.—The amendment made bysubparagraph (A) shall take effect 90 days after the dateof enactment of this Act.
(2) THIRD PARTY TESTING REQUIREMENT.—Section 14(2) (15
U.S.C. 2063(2)) is further amended by redesignating paragraph(2) as paragraph (4) and inserting after paragraph (1) the
following:‘‘(2) THIRD PARTY TESTING REQUIREMENT.—Effective on thedates provided in paragraph (3), before importing for consumption or warehousing or distributing in commerce any children’s
product that is subject to a children’s product safety rule,
every manufacturer of such children’s product (and the private
labeler of such children’s product if such children’s productbears a private label) shall—‘‘(A) submit sufficient samples of the children’s product,or samples that are identical in all material respects tothe product, to a third party conformity assessment bodyaccredited under paragraph (3) to be tested for compliancewith such children’s product safety rule; and‘‘(B) based on such testing, issue a certificate thatcertifies that such children’s product complies with thechildren’s product safety rule based on the assessmentof a third party conformity assessment body accredited
to conduct such tests.
A manufacturer or private labeler shall issue either a separate
certificate for each children’s product safety rule applicable
to a product or a combined certificate that certifies compliancewith all applicable children’s product safety rules, in whichcase each such rule shall be specified.
‘‘(3) SCHEDULE FOR IMPLEMENTATION OF THIRD PARTYTESTING.—‘‘(A) GENERAL APPLICATION.—Except as provided undersubparagraph (F), the requirements of paragraph (2) shall

15 USC 2063
note.

dkrause on GSDDPC44 with PUBLIC LAWS

Certification.

Notice.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3023

apply to any children’s product manufactured more than
90 days after the Commission has established and published notice of the requirements for accreditation of third
party conformity assessment bodies to assess conformity
with a children’s product safety rule to which such children’s product is subject.
‘‘(B) TIME LINE FOR ACCREDITATION.—‘‘(i) LEAD PAINT.—Not later than 30 days after
the date of enactment of the Consumer Product Safety
Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third
party conformity assessment bodies to assess conformity with part 1303 of title 16, Code of Federal
Regulations.
‘‘(ii) FULL-SIZE CRIBS; NON FULL-SIZE CRIBS; PACIFIERS.—Not later than 60 days after the date of enactment of the Consumer Product Safety Improvement
Act of 2008, the Commission shall publish notice ofthe requirements for accreditation of third party conformity assessment bodies to assess conformity withparts 1508, 1509, and 1511 of such title.
‘‘(iii) SMALL PARTS.—Not later than 90 days after
the date of enactment of the Consumer Product Safety
Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third
party conformity assessment bodies to assess conformity with part 1501 of such title.
‘‘(iv) CHILDREN’S METAL JEWELRY.—Not later than
120 days after the date of enactment of the Consumer
Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements foraccreditation of third party conformity assessment
bodies to assess conformity with the requirements ofsection 101(a)(2) of such Act with respect to children’s
metal jewelry.
‘‘(v) BABY BOUNCERS, WALKERS, AND JUMPERS.—
Not later than 210 days after the date of enactmentof the Consumer Product Safety Improvement Act of2008, the Commission shall publish notice of therequirements for accreditation of third party conformity assessment bodies to assess conformity withparts 1500.18(a)(6) and 1500.86(a) of such title.
‘‘(vi) ALL OTHER CHILDREN’S PRODUCT SAFETY
RULES.—The Commission shall publish notice of therequirements for accreditation of third party conformity assessment bodies to assess conformity withother children’s product safety rules at the earliest
practicable date, but in no case later than 10 months
after the date of enactment of the Consumer Product
Safety Improvement Act of 2008, or, in the case ofchildren’s product safety rules established or revised
1 year or more after such date of enactment, not later
than 90 days before such rules or revisions take effect.
‘‘(C) ACCREDITATION.—Accreditation of third party conformity assessment bodies pursuant to the requirements
established under subparagraph (B) may be conducted

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadlines.
Notices.

APPS10

PsN: PUBL314

122 STAT. 3024

Web site.
Records.

Termination
date.

Deadlines.

dkrause on GSDDPC44 with PUBLIC LAWS

Protocols.
Standards.

VerDate Aug 31 2005

20:59 Sep 12, 2008

PUBLIC LAW 110–314—AUG. 14, 2008

either by the Commission or by an independent accreditation organization designated by the Commission.
‘‘(D) PERIODIC REVIEW.—The Commission shall periodically review and revise the accreditation requirements
established under subparagraph (B) to ensure that therequirements assure the highest conformity assessment
body quality that is feasible.
‘‘(E) PUBLICATION OF ACCREDITED ENTITIES.—The
Commission shall maintain on its Internet website an upto-date list of entities that have been accredited to assess
conformity with children’s product safety rules in accordance with the requirements published by the Commission
under this paragraph.
‘‘(F) EXTENSION.—If the Commission determines thatan insufficient number of third party conformity assessment bodies have been accredited to permit certification
for a children’s product safety rule under the accelerated
schedule required by this paragraph, the Commission may
extend the deadline for certification to such rule by not
more than 60 days.
‘‘(G) RULEMAKING.—Until the date that is 3 years after
the Consumer Product Safety Improvement Act of 2008,
Commission proceedings under this paragraph shall be
exempt from the requirements of sections 553 and 601
through 612 of title 5, United States Code.’’.
(3) CONFORMING AMENDMENTS.—Section 14(a)(4) (15 U.S.C.
2063(a)(4)), as redesignated by paragraph (2) of this subsection,is amended—(A) by striking ‘‘required by paragraph (1) of this subsection’’ and inserting ‘‘required under paragraph (1), (2),or (3)’’; and(B) by striking ‘‘requirement under paragraph (1)’’ andinserting ‘‘requirement under paragraph (1), (2), or (3)’’.
(b) ADDITIONAL REQUIREMENTS; DEFINITIONS.—Section 14 (15U.S.C. 2063) is further amended by adding at the end the following:‘‘(d) ADDITIONAL REGULATIONS FOR THIRD PARTY TESTING.—‘‘(1) AUDIT.—Not later than 10 months after the date ofenactment of the Consumer Product Safety Improvement Act
of 2008, the Commission shall by regulation establish requirements for the periodic audit of third party conformity assessment bodies as a condition for the continuing accreditationof such conformity assessment bodies under subsection (a)(3)(C).
‘‘(2) COMPLIANCE; CONTINUING TESTING.—Not later than
15 months after the date of enactment of the Consumer Product
Safety Improvement Act of 2008, the Commission shall byregulation—‘‘(A) initiate a program by which a manufacturer or
private labeler may label a consumer product as complying
with the certification requirements of subsection (a); and‘‘(B) establish protocols and standards—‘‘(i) for ensuring that a children’s product tested
for compliance with an applicable children’s productsafety rule is subject to testing periodically and when
there has been a material change in the product’s
design or manufacturing process, including thesourcing of component parts;

Jkt 069139

PO 00314

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3025‘‘(ii) for the testing of random samples to ensure
continued compliance;‘‘(iii) for verifying that a children’s product tested
by a conformity assessment body complies withapplicable children’s product safety rules; and‘‘(iv) for safeguarding against the exercise of undue
influence on a third party conformity assessment bodyby a manufacturer or private labeler.
‘‘(e) WITHDRAWAL OF ACCREDITATION.—‘‘(1) IN GENERAL.—The Commission may withdraw its
accreditation or its acceptance of the accreditation of a third
party conformity assessment body accredited under this section
if the Commission finds, after notice and investigation, that—‘‘(A) a manufacturer, private labeler, or governmental
entity has exerted undue influence on such conformity
assessment body or otherwise interfered with or compromised the integrity of the testing process with respect
to the certification of a children’s product under this section; or‘‘(B) such conformity assessment body failed to comply
with an applicable protocol, standard, or requirement established by the Commission under subsection (d).
‘‘(2) PROCEDURE.—In any proceeding to withdraw theaccreditation of a conformity assessment body, the Commission—‘‘(A) shall consider the gravity of the conformity assessment body’s action or failure to act, including—‘‘(i) whether the action or failure to act resulted
in injury, death, or the risk of injury or death;‘‘(ii) whether the action or failure to act constitutes
an isolated incident or represents a pattern or practice;and‘‘(iii) whether and when the conformity assessment
body initiated remedial action; and‘‘(B) may—‘‘(i) withdraw its acceptance of the accreditationof the conformity assessment body on a permanentor temporary basis; and‘‘(ii) establish requirements for reaccreditation of
the conformity assessment body.
‘‘(3) FAILURE TO COOPERATE.—The Commission may suspend the accreditation of a conformity assessment body if it
fails to cooperate with the Commission in an investigation
under this section.
‘‘(f) DEFINITIONS.—In this section:‘‘(1) CHILDREN’S PRODUCT SAFETY RULE.—The term ‘children’s product safety rule’ means a consumer product safety
rule under this Act or similar rule, regulation, standard, or
ban under any other Act enforced by the Commission, including
a rule declaring a consumer product to be a banned hazardous
product or substance.
‘‘(2) THIRD PARTY CONFORMITY ASSESSMENT BODY.—‘‘(A) IN GENERAL.—The term ‘third party conformity
assessment body’ means a conformity assessment bodythat, except as provided in subparagraph (D), is not owned,
managed, or controlled by the manufacturer or private

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

122 STAT. 3026

PUBLIC LAW 110–314—AUG. 14, 2008
labeler of a product assessed by such conformity assessment
body.
‘‘(B) GOVERNMENTAL PARTICIPATION.—Such term may
include an entity that is owned or controlled in whole
or in part by a government if—‘‘(i) to the extent practicable, manufacturers or
private labelers located in any nation are permitted
to choose conformity assessment bodies that are notowned or controlled by the government of that nation;‘‘(ii) the entity’s testing results are not subject
to undue influence by any other person, including
another governmental entity;‘‘(iii) the entity is not accorded more favorable
treatment than other third party conformity assessment bodies in the same nation who have been accredited under this section;‘‘(iv) the entity’s testing results are accorded no
greater weight by other governmental authorities thanthose of other third party conformity assessment bodies
accredited under this section; and‘‘(v) the entity does not exercise undue influence
over other governmental authorities on mattersaffecting its operations or on decisions by other governmental authorities controlling distribution of products
based on outcomes of the entity’s conformity assessments.
‘‘(C) TESTING AND CERTIFICATION OF ART MATERIALSAND PRODUCTS.—A certifying organization (as defined inappendix A to section 1500.14(b)(8) of title 16, Code ofFederal Regulations (or any successor regulation or ruling))meets the requirements of subparagraph (A) with respect
to the certification of art material and art products required
under this section or by regulations prescribed under theFederal Hazardous Substances Act (15 U.S.C. 1261 et seq.).
‘‘(D) FIREWALLED CONFORMITY ASSESSMENT BODIES.—
Upon request, the Commission may accredit a conformity
assessment body that is owned, managed, or controlled
by a manufacturer or private labeler as a third party
conformity assessment body if the Commission by orderfinds that—‘‘(i) accreditation of the conformity assessment
body would provide equal or greater consumer safety
protection than the manufacturer’s or private labeler’s
use of an independent third party conformity assessment body; and‘‘(ii) the conformity assessment body has established procedures to ensure that—‘‘(I) its test results are protected from undue
influence by the manufacturer, private labeler orother interested party;‘‘(II) the Commission is notified immediatelyof any attempt by the manufacturer, private
labeler or other interested party to hide or exert
undue influence over test results; and‘‘(III) allegations of undue influence may bereported confidentially to the Commission.
‘‘(g) REQUIREMENTS FOR CERTIFICATES.—

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3027

dkrause on GSDDPC44 with PUBLIC LAWS‘‘(1) IDENTIFICATION OF ISSUER AND CONFORMITY ASSESSMENT BODY.—Every certificate required under this section shallidentify the manufacturer or private labeler issuing the certificate and any third party conformity assessment body on whose
testing the certificate depends. The certificate shall include,
at a minimum, the date and place of manufacture, the dateand place where the product was tested, each party’s name,full mailing address, telephone number, and contact information for the individual responsible for maintaining records oftest results.
‘‘(2) ENGLISH LANGUAGE.—Every certificate required under
this section shall be legible and all content required by thissection shall be in the English language. A certificate may
also contain the same content in any other language.
‘‘(3) AVAILABILITY OF CERTIFICATES.—Every certificate
required under this section shall accompany the applicableproduct or shipment of products covered by the same certificate
and a copy of the certificate shall be furnished to each distributor or retailer of the product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish
a copy of the certificate to the Commission.
‘‘(4) ELECTRONIC FILING OF CERTIFICATES FOR IMPORTEDPRODUCTS.—In consultation with the Commissioner of Customs,
the Commission may, by rule, provide for the electronic filingof certificates under this section up to 24 hours before arrivalof an imported product. Upon request, the manufacturer or
private labeler issuing the certificate shall furnish a copy to
the Commission and to the Commissioner of Customs.
‘‘(h) RULE OF CONSTRUCTION.—Compliance of any children’s
product with third party testing and certification or general conformity certification requirements under this section shall not be
construed to exempt such children’s product from any requirementthat such product actually be in conformity with all applicable
rules, regulation, standards, or ban under any Act enforced by
the Commission.’’.
(c) CPSC CONSIDERATION OF EXISTING REQUIREMENTS.—In
establishing standards for accreditation of a third party conformity
assessment body under section 14(a)(3) of the Consumer Product
Safety Act, as added by subsection (a), the Commission may consider
standards and protocols for accreditation of such conformity assessment bodies by independent accreditation organizations that arein effect on the date of enactment of this Act, but shall ensurethat the protocols, standards, and requirements prescribed undersuch section 14(a)(3) incorporate, as the standard for accreditation,
the most current scientific and technological standards and techniques available.
(d) CONFORMING AMENDMENTS.—Section 14(b) (15 U.S.C.
2063(b)) is amended—(1) by striking ‘‘consumer products which are subject toconsumer product safety standards under this Act’’ andinserting ‘‘any product which is subject to a consumer productsafety rule under this Act, or a similar rule, regulation,
standard, or ban under any other Act enforced by the Commission,’’; and(2) by striking ‘‘or testing programs.’’ and inserting ‘‘, unlessthe Commission, by rule, requires testing by an independent

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Records.

15 USC 2063
note.

APPS10

PsN: PUBL314

122 STAT. 3028

PUBLIC LAW 110–314—AUG. 14, 2008
third party for a particular rule, regulation, standard, or ban,or for a particular class of products.’’.

SEC. 103. TRACKING LABELS FOR CHILDREN’S PRODUCTS.

Effective date.

dkrause on GSDDPC44 with PUBLIC LAWS

Danny Keysar
Child Product
SafetyNotification Act.
15 USC 2056a.

Deadlines.

VerDate Aug 31 2005

12:46 Aug 26, 2008(a) IN GENERAL.—Section 14(a) (15 U.S.C. 2063(a)), as amended
by section 102 of this Act, is further amended by adding at theend the following:‘‘(5) Effective 1 year after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the manufacturerof a children’s product shall place permanent, distinguishing markson the product and its packaging, to the extent practicable, thatwill enable—‘‘(A) the manufacturer to ascertain the location and dateof production of the product, cohort information (including thebatch, run number, or other identifying characteristic), andany other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference
to those marks; and‘‘(B) the ultimate purchaser to ascertain the manufacturer
or private labeler, location and date of production of the product,and cohort information (including the batch, run number, orother identifying characteristic).’’.
(b) LABEL INFORMATION.—Section 14(c) (15 U.S.C. 2063(c)) is
amended by redesignating paragraphs (2) and (3) as paragraphs(3) and (4) and by inserting after paragraph (1) the following:‘‘(2) The cohort information (including the batch, run
number, or other identifying characteristic) of the product.’’.
(c) ADVERTISING, LABELING, AND PACKAGING REPRESENTATION.—Section 14 (15 U.S.C. 2063) is further amended by adding
at the end the following:‘‘(d) REQUIREMENT FOR ADVERTISEMENTS.—No advertisement
for a consumer product or label or packaging of such product may
contain a reference to a consumer product safety rule or a voluntary
consumer product safety standard unless such product conforms
with the applicable safety requirements of such rule or standard.’’.
SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF DURABLE
NURSERY PRODUCTS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Danny
Keysar Child Product Safety Notification Act’’.
(b) SAFETY STANDARDS.—(1) IN GENERAL.—The Commission shall—(A) in consultation with representatives of consumer
groups, juvenile product manufacturers, and independent
child product engineers and experts, examine and assess
the effectiveness of any voluntary consumer product safety
standards for durable infant or toddler products; and(B) in accordance with section 553 of title 5, UnitedStates Code, promulgate consumer product safety standards that—(i) are substantially the same as such voluntarystandards; or(ii) are more stringent than such voluntary standards, if the Commission determines that more stringent
standards would further reduce the risk of injury associated with such products.
(2) TIMETABLE FOR RULEMAKING.—Not later than 1 year
after the date of enactment of this Act, the Commission shall

Jkt 069139

PO 00314

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3029

commence the rulemaking required under paragraph (1) andshall promulgate standards for no fewer than 2 categories ofdurable infant or toddler products every 6 months thereafter,
beginning with the product categories that the Commission
determines to be of highest priority, until the Commission
has promulgated standards for all such product categories.
Thereafter, the Commission shall periodically review and revise
the standards set forth under this subsection to ensure thatsuch standards provide the highest level of safety for suchproducts that is feasible.
(3) JUDICIAL REVIEW.—Any person adversely affected bysuch standards may file a petition for review under the procedures set forth in section 11(g) of the Consumer Product Safety
Act (15 U.S.C. 2060(g)), as added by section 236 of this Act.
(c) CRIBS.—(1) IN GENERAL.—It shall be a violation of section 19(a)(1)of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1))
for any person to which this subsection applies to manufacture,sell, contract to sell or resell, lease, sublet, offer, provide foruse, or otherwise place in the stream of commerce a crib thatis not in compliance with a standard promulgated under subsection (b).
(2) PERSONS TO WHICH SUBSECTION APPLIES.—This subsection applies to any person that—(A) manufactures, distributes in commerce, or contracts
to sell cribs;(B) based on the person’s occupation, holds itself out
as having knowledge or skill peculiar to cribs, includingchild care facilities and family child care homes;(C) is in the business of contracting to sell or resell,
lease, sublet, or otherwise place cribs in the stream ofcommerce; or(D) owns or operates a place of public accommodation
affecting commerce (as defined in section 4 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)
applied without regard to the phrase ‘‘not owned by theFederal Government’’).
(3) CRIB DEFINED.—In this subsection, the term ‘‘crib’’
includes—(A) new and used cribs;(B) full-sized or nonfull-sized cribs; and(C) portable cribs and crib-pens.
(d) CONSUMER REGISTRATION REQUIREMENT.—(1) RULEMAKING.—Notwithstanding any provision ofchapter 6 of title 5, United States Code, or the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.), not later than
1 year after the date of enactment of this Act, the Commission
shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate afinal consumer product safety rule to require each manufacturerof a durable infant or toddler product—(A) to provide consumers with a postage-paid consumer
registration form with each such product;(B) to maintain a record of the names, addresses, email addresses, and other contact information of consumers
who register their ownership of such products with the

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3030

manufacturer in order to improve the effectiveness ofmanufacturer campaigns to recall such products; and(C) to permanently place the manufacturer name andcontact information, model name and number, and thedate of manufacture on each durable infant or toddler
product.
(2) REQUIREMENTS FOR REGISTRATION FORM.—The registration form required to be provided to consumers under paragraph(1) shall—(A) include spaces for a consumer to provide the consumer’s name, address, telephone number, and e-mailaddress;(B) include space sufficiently large to permit easy, legible recording of all desired information;(C) be attached to the surface of each durable infant
or toddler product so that, as a practical matter, the consumer must notice and handle the form after purchasing
the product;(D) include the manufacturer’s name, model name andnumber for the product, and the date of manufacture;(E) include a message explaining the purpose of theregistration and designed to encourage consumers to complete the registration;(F) include an option for consumers to register throughthe Internet; and(G) include a statement that information provided by
the consumer shall not be used for any purpose otherthan to facilitate a recall of or safety alert regarding that
product.
In issuing regulations under this section, the Commission may
prescribe the exact text and format of the required registration
form.
(3) RECORD KEEPING AND NOTIFICATION REQUIREMENTS.—
The rules required under this section shall require each manufacturer of a durable infant or toddler product to maintaina record of registrants for each product manufactured that
includes all of the information provided by each consumer registered, and to use such information to notify such consumers
in the event of a voluntary or involuntary recall of or safety
alert regarding such product. Each manufacturer shall maintain such a record for a period of not less than 6 years after
the date of manufacture of the product. Consumer informationcollected by a manufacturer under this Act may not be usedby the manufacturer, nor disseminated by such manufacturer
to any other party, for any purpose other than notification
to such consumer in the event of a product recall or safety
alert.
(4) STUDY.—The Commission shall conduct a study at suchtime as it considers appropriate on the effectiveness of theconsumer registration forms required by this section in facilitating product recalls and whether such registration forms
should be required for other children’s products. Not later than
4 years after the date of enactment of this Act, the Commission
shall report its findings to the appropriate Congressional
committees.
(e) USE OF ALTERNATIVE RECALL NOTIFICATION TECHNOLOGY.—

dkrause on GSDDPC44 with PUBLIC LAWS

Deadline.
Reports.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008

Jkt 069139

PO 00314

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3031

(1) TECHNOLOGY ASSESSMENT AND REPORT.—The Commission shall—(A) beginning 2 years after a rule is promulgated undersubsection (d), regularly review recall notification technology and assess the effectiveness of such technology infacilitating recalls of durable infant or toddler products;
and(B) not later than 3 years after the date of enactmentof this Act and periodically thereafter as the Commission
considers appropriate, transmit a report on such assessments to the appropriate Congressional committees.
(2) DETERMINATION.—If, based on the assessment requiredby paragraph (1), the Commission determines by rule thata recall notification technology is likely to be as effective or
more effective in facilitating recalls of durable infant or toddler
products as the registration forms required by subsection (d),the Commission—(A) shall submit to the appropriate Congressional
committees a report on such determination; and(B) shall permit a manufacturer of durable infant or
toddler products to use such technology in lieu of suchregistration forms to facilitate recalls of durable infant
or toddler products.
(f) DEFINITION OF DURABLE INFANT OR TODDLER PRODUCT.—As used in this section, the term ‘‘durable infant or toddler
product’’—(1) means a durable product intended for use, or that
may be reasonably expected to be used, by children under
the age of 5 years; and(2) includes—(A) full-size cribs and nonfull-size cribs;(B) toddler beds;(C) high chairs, booster chairs, and hook-on chairs;(D) bath seats;(E) gates and other enclosures for confining a child;(F) play yards;(G) stationary activity centers;(H) infant carriers;(I) strollers;(J) walkers;(K) swings; and(L) bassinets and cradles.

Effective date.
Review.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 105. LABELING REQUIREMENT FOR ADVERTISING TOYS ANDGAMES.

Section 24 of the Federal Hazardous Substances Act (15 U.S.C.
1278) is amended—(1) by redesignating subsections (c) and (d) as subsections(d) and (e), respectively; and(2) by inserting after subsection (b) the following:‘‘(c) ADVERTISING.—‘‘(1) REQUIREMENT.—‘‘(A) CAUTIONARY STATEMENT.—Any advertisement bya retailer, manufacturer, importer, distributor, or private
labeler (including advertisements on Internet websites orin catalogues or other printed materials) that provides
a direct means for the purchase or order of a product

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3032

for which a cautionary statement is required under subsection (a) or (b) shall include the appropriate cautionary
statement displayed on or immediately adjacent to thatadvertisement, as modified by regulations issued underparagraph (3).
‘‘(B) APPLICATION TO RETAILERS.—‘‘(i) REQUIREMENT TO INFORM.—A manufacturer,
importer, distributor, or private labeler that provides
such a product to a retailer shall inform the retailerof any cautionary statement requirement applicableto the product.
‘‘(ii) RETAILER’S REQUIREMENT TO INQUIRE.—A
retailer is not in violation of subparagraph (A) if theretailer requested information from the manufacturer,
importer, distributor, or private labeler as to whether
the cautionary statement required by subparagraph(A) applies to the product that is the subject of theadvertisement and the manufacturer, importer, distributor, or private labeler provided false information
or did not provide such information.
‘‘(C) DISPLAY.—The cautionary statement required bysubparagraph (A) shall be prominently displayed—‘‘(i) in the primary language used in the advertisement;‘‘(ii) in conspicuous and legible type in contrast
by typography, layout, or color with other material
printed or displayed in such advertisement; and‘‘(iii) in a manner consistent with part 1500 of
title 16, Code of Federal Regulations.
‘‘(D) DEFINITIONS.—In this subsection:‘‘(i) The terms ‘manufacturer’, ‘distributor’, and‘private labeler’ have the meaning given those terms
in section 3 of the Consumer Product Safety Act (15U.S.C. 2052).
‘‘(ii) The term ‘retailer’ has the meaning giventhat term in section 3 of the Consumer Product Safety
Act (15 U.S.C. 2052), but does not include an individual
whose selling activity is intermittent and does notconstitute a trade or business.
‘‘(2) EFFECTIVE DATE.—The requirement in paragraph (1)shall take effect—‘‘(A) with respect to advertisements on Internet
websites, 120 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008; and‘‘(B) with respect to catalogues and other printed materials, 180 days after such date of enactment.
‘‘(3) RULEMAKING.—Notwithstanding any provision ofchapter 6 of title 5, United States Code, or the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Commission
shall, not later than 90 days after the date of enactment of
the Consumer Product Safety Improvement Act of 2008, promulgate regulations to effectuate this section with respect to catalogues and other printed material. The Commission may, undersuch regulations, provide a grace period of no more than 180
days for catalogues and other printed material printed prior
to the effective date of paragraph (1) during which time distribution of such catalogues and other printed material shalldkrause on GSDDPC44 with PUBLIC LAWS

Deadlines.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008

Jkt 069139

PO 00314

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3033

not be considered a violation of such paragraph. The Commission may promulgate regulations concerning the size and placement of the cautionary statement required by paragraph (1)of this subsection as appropriate relative to the size and placement of the advertisements in such catalogues and otherprinted material. The Commission shall promulgate regulations
that clarify the applicability of these requirements to catalogues
and other printed material distributed solely between
businesses and not to individual consumers.
‘‘(4) ENFORCEMENT.—The requirements in paragraph (1)shall be treated as a consumer product safety standard promulgated under section 9 of the Consumer Product Safety Act(15 U.S.C. 2056). The publication or distribution of any
advertisement that is not in compliance with paragraph (1)shall be treated as a prohibited act under section 19(a)(1)of such Act (15 U.S.C. 2068).’’.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 106. MANDATORY TOY SAFETY STANDARDS.

(a) IN GENERAL.—Beginning 180 days after the date of enactment of this Act, the provisions of ASTM International Standard
F963–07 Consumer Safety Specifications for Toy Safety (ASTM
F963), as it exists on the date of enactment of this Act (except
for section 4.2 and Annex 4 or any provision that restates orincorporates an existing mandatory standard or ban promulgatedby the Commission or by statute) shall be considered to be consumer
product safety standards issued by the Commission under section
9 of the Consumer Product Safety Act (15 U.S.C. 2058).
(b) RULEMAKING FOR SPECIFIC TOYS, COMPONENTS AND RISKS.—(1) EVALUATION.—Not later than 1 year after the dateof enactment of this Act, the Commission, in consultation withrepresentatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts,
shall examine and assess the effectiveness of ASTM F963 or
its successor standard (except for section 4.2 and Annex 4),
as it relates to safety requirements, safety labeling requirements, and test methods related to—(A) internal harm or injury hazards caused by theingestion or inhalation of magnets in children’s products;(B) toxic substances;(C) toys with spherical ends;(D) hemispheric-shaped objects;(E) cords, straps, and elastics; and(F) battery-operated toys.
(2) RULEMAKING.—Within 1 year after the completion of
the assessment required by paragraph (1), the Commission
shall promulgate rules in accordance with section 553 of title
5, United States Code, that—(A) take into account other children’s product safety
rules; and(B) are more stringent than such standards, if theCommission determines that more stringent standards
would further reduce the risk of injury of such toys.
(c) PERIODIC REVIEW.—The Commission shall periodicallyreview and revise the rules set forth under this section to ensurethat such rules provide the highest level of safety for such productsthat is feasible.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00019

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Effective date.
15 USC 2056b.

Deadline.

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3034

Regulations.

Regulations.

Notification.

dkrause on GSDDPC44 with PUBLIC LAWS

Effective dates.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008(d) CONSIDERATION OF REMAINING ASTM STANDARDS.—After
promulgating the rules required by subsection (b), the Commission
shall—(1) in consultation with representatives of consumer groups,
juvenile product manufacturers, and independent child productengineers and experts, examine and assess the effectivenessof ASTM F963 (and alternative health protective requirements
to prevent or minimize flammability of children’s products)
or its successor standard, and shall assess the adequacy ofsuch standards in protecting children from safety hazards; and(2) in accordance with section 553 of title 5, United States
Code, promulgate consumer product safety rules that—(A) take into account other children’s product safety
rules; and(B) are more stringent than such standards, if theCommission determines that more stringent standards
would further reduce the risk of injury associated withsuch toys.
(e) PRIORITIZATION.—The Commission shall promulgate rules
beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories.
(f) TREATMENT AS CONSUMER PRODUCT SAFETY STANDARDS.—
Rules issued under this section shall be considered consumer
product safety standards issued by the Commission under section
9 of the Consumer Product Safety Act (15 U.S.C. 2058).
(g) REVISIONS.—If ASTM International (or its successor entity)
proposes to revise ASTM F963–07, or a successor standard, it
shall notify the Commission of the proposed revision. The Commission shall incorporate the revision or a section of the revision
into the consumer product safety rule. The revised standard shallbe considered to be a consumer product safety standard issued
by the Consumer Product Safety Commission under section 9 of
the Consumer Product Safety Act (15 U.S.C. 2058), effective 180
days after the date on which ASTM International notifies theCommission of the revision unless, within 90 days after receivingthat notice, the Commission notifies ASTM International that it
has determined that the proposed revision does not improve thesafety of the consumer product covered by the standard. If theCommission so notifies ASTM International with respect to a proposed revision of the standard, the existing standard shall continue
to be considered to be a consumer product safety rule without
regard to the proposed revision.
(h) RULEMAKING TO CONSIDER EXEMPTION FROM PREEMPTION.—(1) EXEMPTION OF STATE LAW FROM PREEMPTION.—Upon
application of a State or political subdivision of a State, theCommission shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from theprovisions of section 26(a) of the Consumer Product Safety
Act (under such conditions as it may impose in the rule) any
proposed safety standard or regulation which is described insuch application and which is designed to protect against arisk of injury associated with a children’s product subject tothe consumer product safety standards described in subsection(a) or any rule promulgated under this section. The Commission
shall grant such an exemption if the State or political subdivision standard or regulation—

Jkt 069139

PO 00314

Frm 00020

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3035

(A) provides a significantly higher degree of protection
from such risk of injury than the consumer product safety
standard or rule under this section; and(B) does not unduly burden interstate commerce.
In determining the burden, if any, of a State or political subdivision standard or regulation on interstate commerce, theCommission shall consider and make appropriate (as determined by the Commission in its discretion) findings on thetechnological and economic feasibility of complying with suchstandard or regulation, the cost of complying with suchstandard or regulation, the geographic distribution of the consumer product to which the standard or regulation would apply,
the probability of other States or political subdivisions applying
for an exemption under this subsection for a similar standard
or regulation, and the need for a national, uniform standard
under this Act for such consumer product.
(2) EFFECT OF STANDARDS ON ESTABLISHED STATE LAWS.—
Nothing in this section or in section 26 of the Consumer Product
Safety Act (15 U.S.C. 2075) shall prevent a State or politicalsubdivision of a State from continuing in effect a safety requirement applicable to a toy or other children’s product that isdesigned to deal with the same risk of injury as the consumer
product safety standards established by this section and thatis in effect on the day before the date of enactment of thisAct, if such State or political subdivision has filed such requirement with the Commission within 90 days after the date ofenactment of this Act, in such form and in such manner as
the Commission may require.
(i) JUDICIAL REVIEW.—The issuance of any rule under thissection is subject to judicial review as provided in section 11(g)of the Consumer Product Safety Act (15 U.S.C. 2060(g)), as addedby section 236 of this Act.

Deadline.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 107. STUDY OF PREVENTABLE INJURIES AND DEATHS IN
MINORITY CHILDREN RELATED TO CONSUMER PRODUCTS.

(a) IN GENERAL.—Not later than 90 days after the date ofenactment of this Act, the Comptroller General shall initiate astudy, by the Government Accountability Office or by contract
through an independent entity, to assess disparities in the risks
and incidence of preventable injuries and deaths among childrenof minority populations, including Black, Hispanic, American
Indian, Alaska Native, Native Hawaiian, and Asian/Pacific Islanderchildren in the United States. The Comptroller General shall consult
with the Commission as necessary.
(b) REQUIREMENTS.—The study shall examine the racial disparities of the rates of preventable injuries and deaths related to
suffocation, poisonings, and drownings, including those associatedwith the use of cribs, mattresses and bedding materials, swimming
pools and spas, and toys and other products intended for use by
children.
(c) REPORT.—Not later than 1 year after the date of enactmentof this Act, the Comptroller General shall report the findings tothe appropriate Congressional committees. The report shall
include—(1) the Comptroller General’s findings on the incidenceof preventable risks of injuries and deaths among children

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00021

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3036

PUBLIC LAW 110–314—AUG. 14, 2008of minority populations and recommendations for minimizing
such risks;(2) recommendations for public outreach, awareness, andprevention campaigns specifically aimed at racial minority
populations; and(3) recommendations for education initiatives that may
reduce statistical disparities.

15 USC 2057c.

SEC. 108. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAININGSPECIFIED PHTHALATES.

Effective date.

TAINING

Effective date.

dkrause on GSDDPC44 with PUBLIC LAWS

Deadlines.

VerDate Aug 31 2005

12:46 Aug 26, 2008(a) PROHIBITION ON THE SALE OF CERTAIN PRODUCTS CONPHTHALATES.—Beginning on the date that is 180 days
after the date of enactment of this Act, it shall be unlawful forany person to manufacture for sale, offer for sale, distribute incommerce, or import into the United States any children’s toy
or child care article that contains concentrations of more than
0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate(DBP), or benzyl butyl phthalate (BBP).
(b) PROHIBITION ON THE SALE OF ADDITIONAL PRODUCTS CONTAINING CERTAIN PHTHALATES.—(1) INTERIM PROHIBITION.—Beginning on the date that is
180 days after the date of enactment of this Act and until
a final rule is promulgated under paragraph (3), it shall be
unlawful for any person to manufacture for sale, offer for sale,
distribute in commerce, or import into the United States any
children’s toy that can be placed in a child’s mouth or childcare article that contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate(DIDP), or di-n-octyl phthalate (DnOP).
(2) CHRONIC HAZARD ADVISORY PANEL.—(A) APPOINTMENT.—Not earlier than 180 days after
the date of enactment of this Act, the Commission shallbegin the process of appointing a Chronic Hazard Advisory
Panel pursuant to the procedures of section 28 of the Consumer Product Safety Act (15 U.S.C. 2077) to study theeffects on children’s health of all phthalates and phthalate
alternatives as used in children’s toys and child care articles.
(B) EXAMINATION.—The panel shall, within 18 months
after its appointment under subparagraph (A), complete
an examination of the full range of phthalates that areused in products for children and shall—(i) examine all of the potential health effects(including endocrine disrupting effects) of the full rangeof phthalates;(ii) consider the potential health effects of eachof these phthalates both in isolation and in combination
with other phthalates;(iii) examine the likely levels of children’s, pregnant women’s, and others’ exposure to phthalates,
based on a reasonable estimation of normal andforeseeable use and abuse of such products;(iv) consider the cumulative effect of total exposure
to phthalates, both from children’s products and fromother sources, such as personal care products;(v) review all relevant data, including the mostrecent, best-available, peer-reviewed, scientific studies

Jkt 069139

PO 00314

Frm 00022

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3037

of these phthalates and phthalate alternatives that
employ objective data collection practices or employ
other objective methods;(vi) consider the health effects of phthalates not
only from ingestion but also as a result of dermal,
hand-to-mouth, or other exposure;(vii) consider the level at which there is a reasonable certainty of no harm to children, pregnant women,
or other susceptible individuals and their offspring,considering the best available science, and using sufficient safety factors to account for uncertainties
regarding exposure and susceptibility of children, pregnant women, and other potentially susceptible individuals; and(viii) consider possible similar health effects ofphthalate alternatives used in children’s toys and childcare articles.
The panel’s examinations pursuant to this paragraph shallbe conducted de novo. The findings and conclusions ofany previous Chronic Hazard Advisory Panel on this issue
and other studies conducted by the Commission shall be
reviewed by the panel but shall not be considered determinative.
(C) REPORT.—Not later than 180 days after completingits examination, the panel appointed under subparagraph(A) shall report to the Commission the results of the examination conducted under this section and shall make recommendations to the Commission regarding any phthalates(or combinations of phthalates) in addition to those identified in subsection (a) or phthalate alternatives that thepanel determines should be declared banned hazardous
substances.
(3) PERMANENT PROHIBITION BY RULE.—Not later than 180
days after receiving the report of the panel under paragraph(2)(C), the Commission shall, pursuant to section 553 of title
5, United States Code, promulgate a final rule to—(A) determine, based on such report, whether to continue in effect the prohibition under paragraph (1), in orderto ensure a reasonable certainty of no harm to children,
pregnant women, or other susceptible individuals with anadequate margin of safety; and(B) evaluate the findings and recommendations of theChronic Hazard Advisory Panel and declare any children’s
product containing any phthalates to be a banned hazardous product under section 8 of the Consumer Product
Safety Act (15 U.S.C. 2057), as the Commission determines
necessary to protect the health of children.
(c) TREATMENT OF VIOLATION.—A violation of subsection (a)or (b)(1) or any rule promulgated by the Commission under subsection (b)(3) shall be treated as a violation of section 19(a)(1)of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)).
(d) TREATMENT AS CONSUMER PRODUCT SAFETY STANDARDS;
EFFECT ON STATE LAWS.—Subsections (a) and (b)(1) and any rulepromulgated under subsection (b)(3) shall be considered consumer
product safety standards under the Consumer Product Safety Act.
Nothing in this section or the Consumer Product Safety Act (15U.S.C. 2051 et seq.) shall be construed to preempt or otherwise

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00023

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3038

PUBLIC LAW 110–314—AUG. 14, 2008

affect any State requirement with respect to any phthalate alternative not specifically regulated in a consumer product safety
standard under the Consumer Product Safety Act.
(e) DEFINITIONS.—(1) DEFINED TERMS.—As used in this section:(A) The term ‘‘phthalate alternative’’ means any
common substitute to a phthalate, alternative material toa phthalate, or alternative plasticizer.
(B) The term ‘‘children’s toy’’ means a consumer
product designed or intended by the manufacturer for achild 12 years of age or younger for use by the childwhen the child plays.
(C) The term ‘‘child care article’’ means a consumer
product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger,
or to help such children with sucking or teething.
(D) The term ‘‘consumer product’’ has the meaning
given such term in section 3(a)(1) of the Consumer Product
Safety Act (15 U.S.C. 2052(a)(1)).
(2) DETERMINATION GUIDELINES.—(A) AGE.—In determining whether products describedin paragraph (1) are designed or intended for use by achild of the ages specified, the following factors shall beconsidered:(i) A statement by a manufacturer about theintended use of such product, including a label onsuch product if such statement is reasonable.
(ii) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate
for use by children of the ages specified.
(iii) Whether the product is commonly recognizedby consumers as being intended for use by a childof the ages specified.
(iv) The Age Determination guidelines issued by
the Commission staff in September 2002 and any successor to such guidelines.
(B) TOY THAT CAN BE PLACED IN A CHILD’S MOUTH.—
For purposes of this section a toy can be placed in achild’s mouth if any part of the toy can actually be brought
to the mouth and kept in the mouth by a child so thatit can be sucked and chewed. If the children’s productcan only be licked, it is not regarded as able to be placedin the mouth. If a toy or part of a toy in one dimension
is smaller than 5 centimeters, it can be placed in themouth.

TITLE II—CONSUMER PRODUCT SAFETYCOMMISSION REFORM
Subtitle A—Administrative Improvements

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 201. REAUTHORIZATION OF THE COMMISSION.

(a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (a) of section 32 (15 U.S.C. 2081) is amended to read as follows:‘‘(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00024

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3039‘‘(1) IN GENERAL.—There are authorized to be appropriatedto the Commission for the purpose of carrying out the provisionsof this Act and any other provision of law the Commission
is authorized or directed to carry out—‘‘(A) $118,200,000 for fiscal year 2010;‘‘(B) $115,640,000 for fiscal year 2011;‘‘(C) $123,994,000 for fiscal year 2012;‘‘(D) $131,783,000 for fiscal year 2013; and‘‘(E) $136,409,000 for fiscal year 2014.
‘‘(2) TRAVEL ALLOWANCE.—From amounts appropriatedpursuant to paragraph (1), there shall be made available$1,200,000 for fiscal year 2010, $1,248,000 for fiscal year 2011,$1,297,000 for fiscal year 2012, $1,350,000 for fiscal year 2013,
and $1,403,000 for fiscal year 2014, for travel, subsistence,and related expenses incurred in furtherance of the official
duties of Commissioners and employees with respect to attendance at meetings or similar functions, which shall be usedby the Commission for such purposes in lieu of acceptanceof payment or reimbursement for such expenses from any person—‘‘(A) seeking official action from, doing business with,or conducting activities regulated by, the Commission; or‘‘(B) whose interests may be substantially affected by
the performance or nonperformance of the Commissioner’sor employee’s official duties.’’.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Commission shall transmit to the appropriate
Congressional committees a report of its plans to allocate thefunding authorized by subsection (a). Such report shall include—(1) the number of full-time investigators and other fulltime equivalents the Commission intends to employ;(2) efforts by the Commission to develop standards fortraining product safety inspectors and technical staff employedby the Commission;(3) efforts and policies of the Commission to encourageCommission scientific staff to seek appropriate publishing
opportunities in peer-reviewed journals and other media; and(4) the efforts of the Commission to reach and educate
retailers of second-hand products and informal sellers, suchas thrift shops and yard sales, concerning consumer productsafety rules and product recalls, especially those relating todurable nursery products, in order to prevent the resale ofany products that have been recalled, including the development of educational materials for distribution not later than
1 year after the date of enactment of this Act.
(c) CONFORMING AMENDMENTS.—Section 32 (15 U.S.C. 2081)
is further amended by striking subsection (b) and redesignating
subsection (c) as subsection (b) and inserting after such subsection
designation the following: ‘‘LIMITATION.—’’.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; PERSONNEL.

15 USC 2053
note.

(a) TEMPORARY QUORUM.—Notwithstanding section 4(d) of theConsumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of
the Commission, if they are not affiliated with the same politicalparty, shall constitute a quorum for the transaction of business

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00025

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3040

15 USC 2053
note.

Deadline.

PUBLIC LAW 110–314—AUG. 14, 2008

for the 1 year period beginning on the date of enactment of thisAct.
(b) REPEAL OF QUORUM LIMITATION.—(1) REPEAL.—Title III of Public Law 102–389 is amended
by striking the first proviso in the item captioned ‘‘CONSUMERPRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES’’ (15U.S.C. 2053 note).
(2) EFFECTIVE DATE.—The amendment made by paragraph(1) shall take effect 1 year after the date of enactment of
this Act.
(c) PERSONNEL.—(1) PROFESSIONAL STAFF.—The Commission shall increase
the number of full-time personnel employed by the Commission
to at least 500 by October 1, 2013, subject to the availabilityof appropriations.
(2) PORTS OF ENTRY; OVERSEAS INSPECTORS.—As part of
the 500 full-time employees required by paragraph (1), theCommission shall hire personnel to be assigned to duty stations
at United States ports of entry, or to inspect overseas manufacturing facilities, subject to the availability of appropriations.
SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.

15 USC 2076
note.

(a) IN GENERAL.—Notwithstanding any rule, regulation, ororder to the contrary, the Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15U.S.C. 2076(k)) with respect to budget recommendations, legislative
recommendations, testimony, and comments on legislation submitted by the Commission to the President or the Office of Management and Budget after the date of enactment of this Act.
(b) REINSTATEMENT OF REQUIREMENT.—Section 3003(d) of
Public Law 104–66 (31 U.S.C. 1113 note) is amended—(1) by striking ‘‘or’’ after the semicolon in paragraph (31);(2) by redesignating paragraph (32) as (33); and(3) by inserting after paragraph (31) the following:‘‘(32) section 27(k) of the Consumer Product Safety Act(15 U.S.C. 2076(k)); or’’.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 204. EXPEDITED RULEMAKING.

(a) ANPR REQUIREMENT.—(1) IN GENERAL.—Section 9 (15 U.S.C. 2058) is amended—(A) by striking ‘‘shall be commenced’’ in subsection(a) and inserting ‘‘may be commenced’’;(B) by striking ‘‘in the notice’’ in subsection (b) andinserting ‘‘in a notice’’;(C) by striking ‘‘unless, not less than 60 days after
publication of the notice required in subsection (a), the’’in subsection (c) and inserting ‘‘unless the’’;(D) by striking ‘‘an advance notice of proposed rulemaking under subsection (a) relating to the productinvolved,’’ in the third sentence of subsection (c) andinserting ‘‘the notice,’’; and(E) by striking ‘‘Register.’’ in the matter following paragraph (4) of subsection (c) and inserting ‘‘Register. Nothing
in this subsection shall preclude any person from submitting an existing standard or portion of a standard as aproposed consumer product safety standard.’’.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00026

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3041

(2) CONFORMING AMENDMENT.—Section 5(a)(3) (15 U.S.C.
2054(a)(3)) is amended by striking ‘‘an advance notice of proposed rulemaking or’’.
(b) RULEMAKING UNDER FEDERAL HAZARDOUS SUBSTANCES
ACT.—(1) IN GENERAL.—Section 3(a) of the Federal Hazardous
Substances Act (15 U.S.C. 1262(a)) is amended to read as
follows:‘‘(a) RULEMAKING.—‘‘(1) IN GENERAL.—Whenever in the judgment of theCommission such action will promote the objectives of thisAct by avoiding or resolving uncertainty as to its application,
the Commission may by regulation declare to be a hazardous
substance, for the purposes of this Act, any substance or mixture of substances, which it finds meets the requirements ofsection 2(f)(1)(A).
‘‘(2) PROCEDURE.—Proceedings for the issuance, amendment, or repeal of regulations under this subsection and theadmissibility of the record of such proceedings in other proceedings, shall be governed by the provisions of subsections(f) through (i) of this section.’’.
(2) PROCEDURE.—Section 2(q)(2) of the Federal Hazardous
Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking‘‘Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of subparagraph (1) of this paragraph shall be governed by the provisions of sections 701(e),(f), and (g) of the Federal Food, Drug, and Cosmetic Act: Provided, That if’’ and inserting ‘‘Proceedings for the issuance,
amendment, or repeal of regulations pursuant to clause (B)of subparagraph (1) of this paragraph shall be governed by
the provisions of subsections (f) through (i) of section 3 ofthis Act, except that if’’.
(3) ANPR REQUIREMENT.—Section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) is amended—(A) by striking ‘‘shall be commenced’’ in subsection(f) and inserting ‘‘may be commenced’’;(B) by striking ‘‘in the notice’’ in subsection (g)(1) andinserting ‘‘in a notice’’;(C) by striking ‘‘unless, not less than 60 days after
publication of the notice required in subsection (f), the’’in subsection (h) and inserting ‘‘unless the’’; and(D) by striking ‘‘Committee on Commerce’’ and all that
follows through ‘‘Representatives.’’ in subsection (h), andinserting ‘‘appropriate Congressional committees. Nothing
in this subsection shall preclude any person from submitting an existing standard or portion of a standard as aproposed regulation.’’(4) OTHER CONFORMING AMENDMENTS.—The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended—(A) by striking paragraphs (c) and (d) of section 2
and inserting the following:‘‘(c) The term ‘Commission’ means the Consumer Product Safety
Commission.’’;(B) by striking ‘‘Secretary’’ each place it appears andinserting ‘‘Commission’’ except—(i) in section 10(b) (15 U.S.C. 1269(b));(ii) in section 14 (15 U.S.C. 1273); andVerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00027

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3042
15 USC 1263,
1270, 1272.
15 USC 1261,
1262, 1273.

15 USC 1263
et al.

15 USC 1193,
1201.
15 USC 1193,
1204.
15 USC 1193.

dkrause on GSDDPC44 with PUBLIC LAWS

15 USC 1202.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008(iii) in section 21(a) (15 U.S.C. 1276(a));(C) by striking ‘‘Department’’ each place it appears,
except in sections 5(c)(6)(D)(i) and 14(b) (15 U.S.C.
1264(c)(6)(D)(i) and 1273(b)), and inserting ‘‘Commission’’;(D) by striking ‘‘he’’ and ‘‘his’’ each place they appear
in reference to the Secretary and inserting ‘‘it’’ and ‘‘its’’,
respectively;(E) by striking ‘‘Secretary of Health, Education, andWelfare’’ each place it appears in section 10(b) (15 U.S.C.
1269(b)) and inserting ‘‘Commission’’;(F) by striking ‘‘Secretary of Health, Education, andWelfare’’ each place it appears in section 14 (15 U.S.C.
1273) and inserting ‘‘Commission’’;(G) by striking ‘‘Department of Health, Education, andWelfare’’ in section 14(b) (15 U.S.C. 1273(b)) and inserting‘‘Commission’’;(H) by striking ‘‘Consumer Product Safety Commission’’each place it appears and inserting ‘‘Commission’’;(I) by striking ‘‘(hereinafter in this section referred
to as the ‘Commission’)’’ in section 14(d) (15 U.S.C. 1273(d))
and section 20(a)(1) (15 U.S.C. 1275(a)(1)); and(J) by striking paragraph (5) of section 18(b) (15 U.S.C.
1261 note).
(c) RULEMAKING UNDER FLAMMABLE FABRICS ACT.—(1) IN GENERAL.—Section 4 of the Flammable Fabrics Act(15 U.S.C. 1193) is amended—(A) by striking ‘‘shall be commenced’’ in subsection(g) and inserting ‘‘may be commenced by a notice of proposed rulemaking or’’;(B) by striking ‘‘unless, not less than 60 days after
publication of the notice required in subsection (g), the’’in subsection (i) and inserting ‘‘unless the’’; and(C) by striking ‘‘Committee on Commerce’’ and all that
follows through ‘‘Representatives.’’ in subsection (i), andinserting ‘‘appropriate Congressional committees. Nothing
in this subsection shall preclude any person from submitting an existing standard or portion of a standard as aproposed regulation.’’(2) OTHER CONFORMING AMENDMENTS.—The Flammable
Fabrics Act (15 U.S.C. 1193) is amended—(A) by striking paragraph (i) of section 2 (15 U.S.C.
1191(i)) and inserting the following:‘‘(i) The term ‘Commission’ means the Consumer Product Safety
Commission.’’;(B) by striking ‘‘Secretary of Commerce’’ each place
it appears and inserting ‘‘Commission’’;(C) by striking ‘‘Secretary’’ each place it appears andinserting ‘‘Commission’’, except in sections 9 and 14 (15U.S.C. 1198 and 1201);(D) by striking ‘‘he’’ and ‘‘his’’ each place either such
word appears in reference to the Secretary and inserting‘‘it’’ and ‘‘its’’, respectively;(E) by striking paragraph (5) of section 4(e) (15 U.S.C.
1193(e)) and redesignating paragraph (6) as paragraph (5);(F) by striking ‘‘Consumer Product Safety Commission(hereinafter in this section referred to as the ‘Commission’)in section 15 (15 U.S.C. 1202)’’ and inserting ‘‘Commission’’;Jkt 069139

PO 00314

Frm 00028

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3043

dkrause on GSDDPC44 with PUBLIC LAWS

(G) by amending subsection (d) of section 16 (15 U.S.C.
1203) to read as follows:‘‘(d) In this section, a reference to a flammability standardor other regulation for a fabric, related material, or product ineffect under this Act includes a standard of flammability continued
in effect by section 11 of the Act of December 14, 1967 (Public
Law 90–189).’’; and(H) by striking ‘‘Consumer Product Safety Commission’’in section 17 (15 U.S.C. 1204) and inserting ‘‘Commission’’.

VerDate Aug 31 2005

SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS.

15 USC 2076b.

(a) IMPROVEMENTS BY THE COMMISSION.—The Inspector Generalof the Commission shall conduct reviews and audits to assess—(1) the Commission’s capital improvement efforts, including
improvements and upgrades of the Commission’s information
technology architecture and systems and the development of
the database of publicly available information on incidents
involving injury or death required under section 6A of theConsumer Product Safety Act, as added by section 212 of thisAct; and(2) the adequacy of procedures for accrediting conformity
assessment bodies as authorized by section 14(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(3)), as amended
by this Act, and overseeing the third party testing requiredby such section.
(b) EMPLOYEE COMPLAINTS.—Within 1 year after the date ofenactment of this Act, the Inspector General shall conduct a reviewof—(1) complaints received by the Inspector General from
employees of the Commission about failures of other employees
to enforce the rules or regulations of the Consumer Product
Safety Act or any other Act enforced by the Commission orotherwise carry out their responsibilities under such Acts if
such alleged failures raise issues of conflicts of interest, ethicalviolations, or the absence of good faith; and(2) actions taken by the Commission to address such failures and complaints, including an assessment of the timelinessand effectiveness of such actions.
(c) PUBLIC INTERNET WEBSITE LINKS.—Not later than 30 days
after the date of enactment of this Act, the Commission shallestablish and maintain—(1) a direct link on the homepage of its Internet website
to the Internet webpage of the Commission’s Office of Inspector
General; and(2) a mechanism on the webpage of the Commission’s Officeof Inspector General by which individuals may anonymously
report cases of waste, fraud, or abuse with respect to theCommission.
(d) REPORTS.—(1) ACTIVITIES AND NEEDS OF INSPECTOR GENERAL.—Notlater than 60 days after the date of enactment of this Act,the Inspector General of the Commission shall transmit a reportto the appropriate Congressional committees on the activitiesof the Inspector General, any structural barriers which prevent
the Inspector General from providing robust oversight of theactivities of the Commission, and any additional authority or
resources that would facilitate more effective oversight.

Reviews.

20:59 Sep 12, 2008

Jkt 069139

PO 00314

Frm 00029

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.
Reviews.

Deadline.
Web site.

PUBL314

122 STAT. 3044

PUBLIC LAW 110–314—AUG. 14, 2008
(2) REVIEWS OF IMPROVEMENTS AND EMPLOYEE COMPLAINTS.—Beginning for fiscal year 2010, the Inspector General

Effective date.

of the Commission shall include in an annual report to theappropriate Congressional committees the Inspector General’sfindings, conclusions, and recommendations from the reviews
and audits under subsections (a) and (b).
SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN.

(a) IN GENERAL.—The Act (15 U.S.C. 1251 et seq.) is amended
by adding at the end the following new section:
15 USC 2086.

‘‘SEC. 39. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL.

‘‘Notwithstanding section 1353 of title 31, United States Code,and section 27(b)(6) of this Act, no Commissioner or employeeof the Commission shall accept travel, subsistence, or related
expenses with respect to attendance by a Commissioner or employee
at any meeting or similar function relating to official duties ofa Commissioner or an employee, from a person—‘‘(1) seeking official action from, doing business with, or
conducting activities regulated by, the Commission; or‘‘(2) whose interests may be substantially affected by theperformance or nonperformance of the Commissioner’s or
employee’s official duties.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1 (15 U.S.C. 2051 note) is amended by inserting at the end thefollowing:‘‘Sec. 39. Prohibition on industry-sponsored travel.’’.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 207. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL,
AND FOREIGN GOVERNMENT AGENCIES.

Section 29 (15 U.S.C. 2078) is amended by adding at the end
the following:‘‘(f) SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL,
AND FOREIGN GOVERNMENT AGENCIES.—‘‘(1) AGREEMENTS AND CONDITIONS.—Notwithstanding therequirements of subsections (a)(3) and (b) of section 6, relating
to public disclosure of information, the Commission may makeinformation obtained by the Commission available to any Federal, State, local, or foreign government agency upon the priorcertification of an appropriate official of any such agency, either
by a prior agreement or memorandum of understanding with
the Commission or by other written certification, that suchmaterial will be maintained in confidence and will be used
only for official law enforcement or consumer protection purposes, if—‘‘(A) the agency has set forth a bona fide legal basis
for its authority to maintain the material in confidence;‘‘(B) the materials are to be used for purposes of investigating, or engaging in enforcement proceedings related
to, possible violations of—‘‘(i) laws regulating the manufacture, importation,
distribution, or sale of defective or unsafe consumer
products, or other practices substantially similar topractices prohibited by any law administered by theCommission;

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00030

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3045‘‘(ii) a law administered by the Commission, if
disclosure of the material would further a Commission
investigation or enforcement proceeding; or‘‘(iii) with respect to a foreign law enforcement
agency, with the approval of the Attorney General,
other foreign criminal laws, if such foreign criminal
laws are offenses defined in or covered by a criminal
mutual legal assistance treaty in force between thegovernment of the United States and the foreign law
enforcement agency’s government; and‘‘(C) in the case of a foreign government agency, suchagency is not from a foreign state that the Secretary ofState has determined, in accordance with section 6(j) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), has repeatedly provided support for acts of international terrorism, unless and until such determinationis rescinded pursuant to section 6(j)(4) of that Act (50
U.S.C. App. 2405(j)(4)).
‘‘(2) ABROGATION OF AGREEMENTS.—The Commission may
abrogate any agreement or memorandum of understanding withanother agency if the Commission determines that the otheragency has failed to maintain in confidence any information
provided under such agreement or memorandum of understanding, or has used any such information for purposes otherthan those set forth in such agreement or memorandum of
understanding.
‘‘(3) ADDITIONAL RULES AGAINST DISCLOSURE.—Except asprovided in paragraph (4), the Commission shall not be required
to disclose under section 552 of title 5, United States Code,or any other provision of law—‘‘(A) any material obtained from a foreign government
agency, if the foreign government agency has requested
confidential treatment, or has precluded such disclosure
under other use limitations, as a condition of providing
the material;‘‘(B) any material reflecting a consumer complaint
obtained from any other foreign source, if that foreignsource supplying the material has requested confidential
treatment as a condition of providing the material; or‘‘(C) any material reflecting a consumer complaint submitted to a Commission reporting mechanism sponsoredin part by foreign government agencies.
‘‘(4) LIMITATION.—Nothing in this subsection authorizes theCommission to withhold information from the Congress or prevent the Commission from complying with an order of a courtof the United States in an action commenced by the UnitedStates or the Commission.
‘‘(5) DEFINITION.—In this subsection, the term ‘foreign
government agency’ means—‘‘(A) any agency or judicial authority of a foreign
government, including a foreign state, a political subdivision of a foreign state, or a multinational organization
constituted by and comprised of foreign states, that isvested with law enforcement or investigative authority incivil, criminal, or administrative matters; andVerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00031

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3046

PUBLIC LAW 110–314—AUG. 14, 2008‘‘(B) any multinational organization, to the extent that
it is acting on behalf of an entity described in subparagraph(A).
‘‘(g) NOTIFICATION TO STATE HEALTH DEPARTMENTS.—Whenever
the Commission is notified of any voluntary corrective action taken
by a manufacturer (or a retailer in the case of a retailer sellinga product under its own label) in consultation with the Commission,or issues an order under section 15(c) or (d) with respect to any
product, the Commission shall notify each State’s health department(or other agency designated by the State) of such voluntary corrective action or order.’’.
15 USC 2053a.

SEC. 208. EMPLOYEE TRAINING EXCHANGES.

(a) IN GENERAL.—The Commission may—
(1) retain or employ officers or employees of foreign government agencies on a temporary basis pursuant to section 4of the Consumer Product Safety Act (15 U.S.C. 2053) or section
3101 or 3109 of title 5, United States Code; and(2) detail officers or employees of the Commission to workon a temporary basis for appropriate foreign government agencies for the purpose of providing or receiving training.
(b) RECIPROCITY AND REIMBURSEMENT.—The Commission may
execute the authority contained in subsection (a) with or without
reimbursement in money or in kind, and with or without reciprocalarrangements by or on behalf of the foreign government agency
involved. Any amounts received as reimbursement for expenses
incurred by the Commission under this section shall be credited
to the appropriations account from which such expenses were paid.
(c) STANDARDS OF CONDUCT.—An individual retained or
employed under subsection (a)(1) shall be considered to be a Federal
employee while so retained or employed, only for purposes of—(1) injury compensation as provided in chapter 81 of title
5, United States Code, and tort claims liability under chapter
171 of title 28, United States Code;(2) the Ethics in Government Act (5 U.S.C. App.) andthe provisions of chapter 11 of title 18, United States Code;and(3) any other statute or regulation governing the conduct
of Federal employees.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 209. ANNUAL REPORTING REQUIREMENT.

(a) IN GENERAL.—Section 27(j) (15 U.S.C. 2076(j)) is amended—(1) in the matter preceding paragraph (1), by striking ‘‘The
Commission’’ and inserting ‘‘Notwithstanding section 3003 of
the Federal Reports Elimination and Sunset Act of 1995 (31U.S.C. 1113 note), the Commission’’; and(2) by redesignating paragraphs (5) through (11) as paragraphs (7) through (13), respectively, and inserting after paragraph (4) the following:‘‘(5) the number and a summary of recall orders issued
under section 12 or 15 during such year and a summary ofvoluntary corrective actions taken by manufacturers in consultation with the Commission of which the Commission has
notified the public, and an assessment of such orders andactions;‘‘(6) beginning not later than 1 year after the date ofenactment of the Consumer Product Safety Improvement Act
of 2008—

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00032

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3047‘‘(A) progress reports and incident updates with respect
to action plans implemented under section 15(d);‘‘(B) statistics with respect to injuries and deaths associated with products that the Commission determines
present a substantial product hazard under section 15(c);and‘‘(C) the number and type of communication from consumers to the Commission with respect to each productwith respect to which the Commission takes action under
section 15(d);’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to reports submitted for fiscal year 2009
and thereafter.

15 USC 2076
note.

Subtitle B—Enhanced Enforcement
Authority

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 211. PUBLIC DISCLOSURE OF INFORMATION.

Section 6 (15 U.S.C. 2055) is amended—(1) by inserting ‘‘A manufacturer or private labeler shallsubmit any such mark within 15 calendar days after the dateon which it receives the Commission’s offer.’’ after ‘‘paragraph(2).’’ in subsection (a)(3);(2) by striking ‘‘30 days’’ in subsection (b)(1) and inserting‘‘15 days’’;(3) by striking ‘‘finds that the public’’ in subsection (b)(1)
and inserting ‘‘publishes a finding that the public’’;(4) by striking ‘‘notice and publishes such a finding in
the Federal Register),’’ in subsection (b)(1) and inserting‘‘notice),’’;(5) by striking ‘‘10 days’’ in subsection (b)(2) and inserting‘‘5 days’’;(6) by striking ‘‘finds that the public’’ in subsection (b)(2)
and inserting ‘‘publishes a finding that the public’’;(7) by striking ‘‘notice and publishes such finding in theFederal Register.’’ in subsection (b)(2) and inserting ‘‘notice.’’;(8) in subsection (b)—(A) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; and(B) by adding at the end thereof the following:‘‘(B) If the Commission determines that the publichealth and safety requires expedited consideration of anaction brought under subparagraph (A), the Commission
may file a request with the District Court for such expedited consideration. If the Commission files such a request,
the District Court shall—‘‘(i) assign the matter for hearing at the earliest
possible date;‘‘(ii) give precedence to the matter, to the greatest
extent practicable, over all other matters pending on
the docket of the court at the time;‘‘(iii) expedite consideration of the matter to thegreatest extent practicable; and‘‘(iv) grant or deny the requested injunction within
30 days after the date on which the Commission’srequest was filed with the court.’’;

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00033

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3048

PUBLIC LAW 110–314—AUG. 14, 2008(9) by striking ‘‘section 19 (related to prohibited acts);’’in subsection (b)(4) and inserting ‘‘any consumer product safety
rule or provision of this Act or similar rule or provision of
any other Act enforced by the Commission;’’;(10) by striking ‘‘or’’ after the semicolon in subsection(b)(5)(B);(11) by striking ‘‘disclosure.’’ in subsection (b)(5)(C) andinserting ‘‘disclosure; or’’;(12) by inserting in subsection (b)(5) after subparagraph(C) the following:‘‘(D) the Commission publishes a finding that the publichealth and safety requires public disclosure with a lesser
period of notice than is required under paragraph (1).’’;and(13) in the matter following subparagraph (D) of subsection(b)(5) (as added by paragraph (12) of this section), by striking‘‘section 19(a),’’ and inserting ‘‘any consumer product safety
rule or provision under this Act or similar rule or provisionof any other Act enforced by the Commission,’’.

SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETYDATABASE.

(a) IN GENERAL.—The Act is amended by inserting after section
6 (15 U.S.C. 2055) the following:
15 USC 2055a.

‘‘SEC.

Deadline.

dkrause on GSDDPC44 with PUBLIC LAWS

Deadline.

20:59 Sep 12, 2008

PUBLICLY AVAILABLE CONSUMERINFORMATION DATABASE.

PRODUCT

SAFETY‘‘(a) DATABASE REQUIRED.—‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Commission shall, in accordance with the requirements of this section, establish and maintain a database on
the safety of consumer products, and other products or substances regulated by the Commission, that is—‘‘(A) publicly available;‘‘(B) searchable; and‘‘(C) accessible through the Internet website of theCommission.
‘‘(2) SUBMISSION OF DETAILED IMPLEMENTATION PLAN TOCONGRESS.—Not later than 180 days after the date of enactmentof the Consumer Product Safety Improvement Act of 2008,
the Commission shall transmit to the appropriate Congressional
committees a detailed plan for establishing and maintaining
the database required by paragraph (1), including plans forthe operation, content, maintenance, and functionality of thedatabase. The plan shall detail the integration of the database
into the Commission’s overall information technology improvement objectives and plans. The plan submitted under this subsection shall include a detailed implementation schedule forthe database, and plans for a public awareness campaign tobe conducted by the Commission to increase consumer awareness of the database.
‘‘(3) DATE OF INITIAL AVAILABILITY.—Not later than 18
months after the date on which the Commission submits theplan required by paragraph (2), the Commission shall establish
the database required by paragraph (1).
‘‘(b) CONTENT AND ORGANIZATION.—‘‘(1) CONTENTS.—Except as provided in subsection (c)(4),
the database shall include the following:

Web site.

VerDate Aug 31 2005

6A.

Jkt 069139

PO 00314

Frm 00034

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3049‘‘(A) Reports of harm relating to the use of consumer
products, and other products or substances regulated by
the Commission, that are received by the Commission
from—‘‘(i) consumers;‘‘(ii) local, State, or Federal government agencies;‘‘(iii) health care professionals;‘‘(iv) child service providers; and‘‘(v) public safety entities.
‘‘(B) Information derived by the Commission fromnotice under section 15(c) or any notice to the public
relating to a voluntary corrective action taken by a manufacturer, in consultation with the Commission, of which
action the Commission has notified the public.
‘‘(C) The comments received by the Commission undersubsection (c)(2)(A) to the extent requested under subsection (c)(2)(B).
‘‘(2) SUBMISSION OF INFORMATION.—In implementing thedatabase, the Commission shall establish the following:‘‘(A) Electronic, telephonic, and paper-based means ofsubmitting, for inclusion in the database, reports describedin paragraph (1)(A) of this subsection.
‘‘(B) A requirement that any report described in paragraph (1)(A) submitted for inclusion in such databaseinclude, at a minimum—‘‘(i) a description of the consumer product (or otherproduct or substance regulated by the Commission)concerned;‘‘(ii) identification of the manufacturer or private
labeler of the consumer product (or other product or
substance regulated by the Commission);‘‘(iii) a description of the harm relating to theuse of the consumer product (or other product or substance regulated by the Commission);‘‘(iv) contact information for the person submitting
the report; and‘‘(v) a verification by the person submitting theinformation that the information submitted is true andaccurate to the best of the person’s knowledge andthat the person consents that such information be
included in the database.
‘‘(3) ADDITIONAL INFORMATION.—In addition to the reports
received under paragraph (1), the Commission shall include
in the database, consistent with the requirements of section
6(a) and (b), any additional information it determines to bein the public interest.
‘‘(4) ORGANIZATION OF DATABASE.—The Commission shallcategorize the information available on the database in amanner consistent with the public interest and in such manner
as it determines to facilitate easy use by consumers and shallensure, to the extent practicable, that the database is sortable
and accessible by—‘‘(A) the date on which information is submitted forinclusion in the database;‘‘(B) the name of the consumer product (or otherproduct or substance regulated by the Commission);‘‘(C) the model name;

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00035

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

122 STAT. 3050

PUBLIC LAW 110–314—AUG. 14, 2008‘‘(D) the manufacturer’s or private labeler’s name; and‘‘(E) such other elements as the Commission considers
in the public interest.
‘‘(5) NOTICE REQUIREMENTS.—The Commission shall provide clear and conspicuous notice to users of the databasethat the Commission does not guarantee the accuracy, completeness, or adequacy of the contents of the database.
‘‘(6) AVAILABILITY OF CONTACT INFORMATION.—The Commission may not disclose, under this section, the name, address,
or other contact information of any individual or entity that
submits to the Commission a report described in paragraph(1)(A), except that the Commission may provide such information to the manufacturer or private labeler of the productwith the express written consent of the person submitting theinformation. Consumer information provided to a manufacturer
or private labeler under this section may not be used or disseminated to any other party for any purpose other than verifying
a report submitted under paragraph (1)(A).
‘‘(c) PROCEDURAL REQUIREMENTS.—‘‘(1) TRANSMISSION OF REPORTS TO MANUFACTURERS AND
PRIVATE LABELERS.—Not later than 5 business days after theCommission receives a report described in subsection (b)(1)(A)which includes the information required by subsection (b)(2)(B),
the Commission shall to the extent practicable transmit thereport, subject to subsection (b)(6), to the manufacturer or
private labeler identified in the report.
‘‘(2) OPPORTUNITY TO COMMENT.—‘‘(A) IN GENERAL.—If the Commission transmits areport under paragraph (1) to a manufacturer or private
labeler, the Commission shall provide such manufacturer
or private labeler an opportunity to submit comments to
the Commission on the information contained in suchreport.
‘‘(B) REQUEST FOR INCLUSION IN DATABASE.—A manufacturer or private labeler may request the Commission
to include its comments in the database.
‘‘(C) CONFIDENTIAL MATTER.—‘‘(i) IN GENERAL.—If the Commission transmits areport received under paragraph (1) to a manufacturer
or private labeler, the manufacturer or private labeler
may review the report for confidential information andrequest that portions of the report identified as confidential be so designated.
‘‘(ii) REDACTION.—If the Commission determinesthat the designated information contains, or relates
to, a trade secret or other matter referred to in section
1905 of title 18, United States Code, or that is subject
to section 552(b)(4) of title 5, United States Code, theCommission shall redact the designated informationin the report before it is placed in the database.
‘‘(iii) REVIEW.—If the Commission determines thatthe designated information is not confidential underclause (ii), the Commission shall notify the manufacturer or private labeler and include the informationin the database. The manufacturer or private labeler
may bring an action in the district court of the UnitedStates in the district in which the complainant resides,

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00036

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3051

or has its principal place of business, or in the UnitedStates District Court for the District of Columbia, toseek removal of the information from the database.
‘‘(3) PUBLICATION OF REPORTS AND COMMENTS.—‘‘(A) REPORTS.—Except as provided in paragraph (4)(A),
if the Commission receives a report described in subsection(b)(1)(A), the Commission shall make the report available
in the database not later than the 10th business day after
the date on which the Commission transmits the reportunder paragraph (1) of this subsection.
‘‘(B) COMMENTS.—Except as provided in paragraph(4)(A), if the Commission receives a comment under paragraph (2)(A) with respect to a report described in subsection(b)(1)(A) and a request with respect to such comment underparagraph (2)(B) of this subsection, the Commission shallmake such comment available in the database at the sametime as such report or as soon as practicable thereafter.
‘‘(4) INACCURATE INFORMATION.—‘‘(A) INACCURATE INFORMATION IN REPORTS AND COMMENTS RECEIVED.—If, prior to making a report describedin subsection (b)(1)(A) or a comment described in paragraph(2) of this subsection available in the database, theCommission determines that the information in such reportor comment is materially inaccurate, the Commission
shall—‘‘(i) decline to add the materially inaccurate
information to the database;‘‘(ii) correct the materially inaccurate informationin the report or comment and add the report or comment to the database; or‘‘(iii) add information to correct inaccurate information in the database.
‘‘(B) INACCURATE INFORMATION IN DATABASE.—If theCommission determines, after investigation, that information previously made available in the database is materially
inaccurate or duplicative of information in the database,the Commission shall, not later than 7 business days after
such determination—‘‘(i) remove such information from the database;‘‘(ii) correct such information; or‘‘(iii) add information to correct inaccurate information in the database.
‘‘(d) ANNUAL REPORT.—The Commission shall submit to theappropriate Congressional committees an annual report on the database, including—‘‘(1) the operation, content, maintenance, functionality, andcost of the database for the reporting year; and‘‘(2) the number of reports and comments for the year—‘‘(A) received by the Commission under this section;‘‘(B) posted on the database; and‘‘(C) corrected on or removed from the database.
‘‘(e) GAO STUDY.—Within 2 years after the date on which
the Commission establishes the database under this section, theComptroller General shall submit a report to the appropriate
Congressional committees containing—‘‘(1) an analysis of the general utility of the database,including—

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00037

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

Deadline.
Reports.

APPS10

PsN: PUBL314

122 STAT. 3052

15 USC 2053
note.

PUBLIC LAW 110–314—AUG. 14, 2008‘‘(A) an assessment of the extent of use of the databaseby consumers, including whether the database is accessedby a broad range of the public and whether consumers
find the database to be useful; and‘‘(B) efforts by the Commission to inform the public
about the database; and‘‘(2) recommendations for measures to increase use of thedatabase by consumers and to ensure use by a broad rangeof the public.
‘‘(f) APPLICATION OF CERTAIN NOTICE AND DISCLOSURE REQUIREMENTS.—‘‘(1) IN GENERAL.—The provisions of section 6(a) and (b)shall not apply to the disclosure under this section of a report
described in subsection (b)(1)(A) of this section.
‘‘(2) CONSTRUCTION.—Paragraph (1) shall not be construed
to exempt from the requirements of section 6(a) and (b) information received by the Commission under—‘‘(A) section 15(b); or‘‘(B) any other mandatory or voluntary reporting program established between a retailer, manufacturer, or private labeler and the Commission.
‘‘(g) HARM DEFINED.—In this section, the term ‘harm’ means—‘‘(1) injury, illness, or death; or‘‘(2) risk of injury, illness, or death, as determined by
the Commission.’’.
(b) UPGRADE OF COMMISSION INFORMATION TECHNOLOGY SYSTEMS.—The Commission shall expedite efforts to upgrade andimprove the information technology systems in use by the Commission on the date of enactment of this Act.
(c) CLERICAL AMENDMENT.—The table of contents in section
1 (15 U.S.C. 2051 note), as amended by section 206, is amended
by inserting after the item relating to section 6 the following new
item:‘‘Sec. 6A. Publicly available consumer product safety information database.’’.
SEC. 213. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSIONENFORCED STATUTES.

Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended—(1) by inserting ‘‘or to which a rule under this Act orsimilar rule, regulation, standard, or ban under any other Act
enforced by the Commission applies,’’ after ‘‘applies,’’; and(2) by striking ‘‘consumer product safety rule’’ the second,
third, and fourth places it appears, and inserting ‘‘rule, regulation, standard, or ban’’.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION
PLANS.

(a) ENHANCED RECALL AUTHORITY.—Section 15 (15 U.S.C. 2064)
is amended—(1) in subsection (a)(1), by inserting ‘‘under this Act ora similar rule, regulation, standard, or ban under any otherAct enforced by the Commission’’ after ‘‘consumer product safety
rule’’;(2) in subsection (b)—(A) by striking ‘‘consumer product distributed in commerce,’’ and inserting ‘‘consumer product, or other productor substance over which the Commission has jurisdiction

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00038

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3053

under any other Act enforced by the Commission (otherthan motor vehicle equipment as defined in section
30102(a)(7) of title 49, United States Code), distributed
in commerce,’’;(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;(C) by inserting after paragraph (1) the following:‘‘(2) fails to comply with any other rule, regulation,
standard, or ban under this Act or any other Act enforcedby the Commission;’’; and(D) by adding at the end the following: ‘‘A report provided under paragraph (2) may not be used as the basis
for criminal prosecution of the reporting person under section 5 of the Federal Hazardous Substances Act (15 U.S.C.
1264), except for offenses which require a showing of intent
to defraud or mislead.’’.
(3) in subsection (c)—(A) by inserting ‘‘(1)’’ after the subsection designation;(B) by inserting ‘‘or if the Commission, after notifying
the manufacturer, determines a product to be an
imminently hazardous consumer product and has filed an
action under section 12,’’ after ‘‘from such substantial
product hazard,’’;(C) by redesignating paragraphs (1) through (3) as
subparagraphs (D) through (F), respectively;(D) by inserting after ‘‘the following actions:’’ the following:‘‘(A) To cease distribution of the product.
‘‘(B) To notify all persons that transport, store, distribute,or otherwise handle the product, or to which the product has
been transported, sold, distributed, or otherwise handled, tocease immediately distribution of the product.
‘‘(C) To notify appropriate State and local public healthofficials.’’;(E) by striking ‘‘comply.’’ in subparagraph (D), as
redesignated, and inserting ‘‘comply, including posting clear
and conspicuous notice on its Internet website, providing
notice to any third party Internet website on which suchmanufacturer, retailer, distributor, or licensor has placed
the product for sale, and announcements in languages otherthan English and on radio and television where theCommission determines that a substantial number of consumers to whom the recall is directed may not be reachedby other notice.’’; and(F) by adding at the end the following:‘‘(2) The Commission may require a notice described in paragraph (1) to be distributed in a language other than English if
the Commission determines that doing so is necessary to adequately
protect the public.
‘‘(3) If a district court determines, in an action filed under
section 12, that the product that is the subject of such action
is not an imminently hazardous consumer product, the Commission
shall rescind any order issued under this subsection with respect
to such product.’’;(4) in subsection (f)—(A) by striking ‘‘An order’’ and inserting ‘‘(1) Except
as provided in paragraph (2), an order’’; andVerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00039

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Notification.

Notification.

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

122 STAT. 3054

PUBLIC LAW 110–314—AUG. 14, 2008

(B) by inserting at the end the following:‘‘(2) The requirement for a hearing in paragraph (1) shall not
apply to an order issued under subsection (c) or (d) relating to
an imminently hazardous consumer product with regard to which
the Commission has filed an action under section 12.’’.
(b) CORRECTIVE ACTION PLANS.—Section 15(d) (15 U.S.C.
2064(d)) is amended—(1) by inserting ‘‘(1)’’ after the subsection designation;(2) by inserting ‘‘to provide the notice required by subsection (c) and’’ after ‘‘such product’’ the first place it appears;(3) by striking ‘‘whichever of the following actions the person to whom the order is directed elects:’’ and inserting ‘‘any
one or more of the following actions it determines to be in
the public interest:’’;(4) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C);(5) in each of subparagraphs (A) and (B) (as so redesignated), by striking ‘‘consumer product safety rule’’ each place
it appears and inserting ‘‘rule, regulation, standard, or ban’’;(6) by striking ‘‘more (A)’’ in subparagraph (C), as redesignated, and inserting ‘‘more (i)’’;(7) by striking ‘‘or (B)’’ in subparagraph (C), as redesignated, and inserting ‘‘or (ii)’’;(8) by striking ‘‘An order under this subsection may’’ andinserting:‘‘(2) An order under this subsection shall’’;(9) by striking ‘‘satisfactory to the Commission,’’ andinserting ‘‘for approval by the Commission,’’;(10) by striking ‘‘paragraphs of this subsection under whichsuch person has elected to act’’ and inserting ‘‘subparagraphs
under which such person has been ordered to act’’;(11) by striking ‘‘if the person to whom the order is directed
elects to take the action described in paragraph (3)’’ and insert‘‘if the Commission orders the action described in subparagraph(C)’’;(12) by striking ‘‘If an order under this subsection is
directed’’ and all that follows through ‘‘has the election under
this subsection’’;(13) by striking ‘‘described in paragraph (3).’’ and inserting‘‘described in paragraph (1)(C).’’; and(14) by adding at the end the following:‘‘(3)(A) If the Commission approves an action plan, it shallindicate its approval in writing.
‘‘(B) If the Commission finds that an approved action plan
is not effective or appropriate under the circumstances, or thatthe manufacturer, retailer, or distributor is not executing anapproved action plan effectively, the Commission may, by order,
amend, or require amendment of, the action plan. In determining
whether an approved plan is effective or appropriate under thecircumstances, the Commission shall consider whether a repair
or replacement changes the intended functionality of the product.
‘‘(C) If the Commission determines, after notice and opportunity
for comment, that a manufacturer, retailer, or distributor has failed
to comply substantially with its obligations under its action plan,
the Commission may revoke its approval of the action plan. The
manufacturer, retailer, or distributor to which the action plan
applies may not distribute in commerce the product to which the

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00040

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3055

action plan relates after receipt of notice of a revocation of theaction plan.’’.
(c) CONTENT OF NOTICE.—Section 15 (15 U.S.C. 2064) is further
amended by adding at the end the following:‘‘(i) REQUIREMENTS FOR RECALL NOTICES.—‘‘(1) GUIDELINES.—Not later than 180 days after the dateof enactment of the Consumer Product Safety Improvement
Act of 2008, the Commission shall, by rule, establish guidelines
setting forth a uniform class of information to be included
in any notice required under an order under subsection (c)or (d) of this section or under section 12. Such guidelines
shall include any information that the Commission determines
would be helpful to consumers in—‘‘(A) identifying the specific product that is subject
to such an order;‘‘(B) understanding the hazard that has been identified
with such product (including information regarding
incidents or injuries known to have occurred involving suchproduct); and‘‘(C) understanding what remedy, if any, is available
to a consumer who has purchased the product.
‘‘(2) CONTENT.—Except to the extent that the Commission
determines with respect to a particular product that one ormore of the following items is unnecessary or inappropriate
under the circumstances, the notice shall include the following:‘‘(A) description of the product, including—‘‘(i) the model number or stock keeping unit (SKU)
number of the product;‘‘(ii) the names by which the product is commonly
known; and‘‘(iii) a photograph of the product.
‘‘(B) A description of the action being taken withrespect to the product.
‘‘(C) The number of units of the product with respect
to which the action is being taken.
‘‘(D) A description of the substantial product hazard
and the reasons for the action.
‘‘(E) An identification of the manufacturers and significant retailers of the product.
‘‘(F) The dates between which the product was manufactured and sold.
‘‘(G) The number and a description of any injuries
or deaths associated with the product, the ages of any
individuals injured or killed, and the dates on which theCommission received information about such injuries ordeaths.
‘‘(H) A description of—‘‘(i) any remedy available to a consumer;‘‘(ii) any action a consumer must take to obtaina remedy; and‘‘(iii) any information a consumer needs in orderto obtain a remedy or information about a remedy,
such as mailing addresses, telephone numbers, fax
numbers, and email addresses.
‘‘(I) Other information the Commission deems appropriate.’’.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00041

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3056

PUBLIC LAW 110–314—AUG. 14, 2008

SEC. 215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT
BODIES; IDENTIFICATION OF SUPPLY CHAIN.

(a) INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT
BODY.—Section 16(a) (15 U.S.C. 2065(a)) is amended—(1) by striking ‘‘or (B)’’ and inserting ‘‘(B) any firewalled
conformity assessment bodies accredited under section
14(f)(2)(D), or (C)’’ in paragraph (1); and(2) by inserting ‘‘firewalled conformity assessment body,’’
after ‘‘factory,’’ in paragraph (2).
(b)
IDENTIFICATIONOFMANUFACTURERS,IMPORTERS,RETAILERS, AND DISTRIBUTORS.—Section 16 (15 U.S.C. 2065) is further amended by adding at the end thereof the following:‘‘(c)
IDENTIFICATIONOFMANUFACTURERS,IMPORTERS,RETAILERS, AND DISTRIBUTORS.—Upon request by an officer or
employee duly designated by the Commission—‘‘(1) every importer, retailer, or distributor of a consumer
product (or other product or substance over which the Commission has jurisdiction under this or any other Act) shall identify
the manufacturer of that product by name, address, or suchother identifying information as the officer or employee may
request, to the extent that such information is known or canbe readily determined by the importer, retailer, or distributor;and‘‘(2) every manufacturer shall identify by name, address,or such other identifying information as the officer or employee
may request—‘‘(A) each retailer or distributor to which the manufacturer directly supplied a given consumer product (or otherproduct or substance over which the Commission has jurisdiction under this or any other Act);‘‘(B) each subcontractor involved in the production or
fabrication of such product or substance; and‘‘(C) each subcontractor from which the manufacturer
obtained a component thereof.’’.
(c) CONFORMING AMENDMENTS.—Section 16 (15 U.S.C. 2065)
is further amended—(1) in subsection (a), by inserting ‘‘INSPECTION.—’’ after
the subsection designation; and(2) in subsection (b), by inserting ‘‘RECORDKEEPING.—’’ after
the subsection designation.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 216. PROHIBITED ACTS.

(a) SALE OF RECALLED PRODUCTS.—Section 19(a) (15 U.S.C.
2068(a)) is amended—(1) by striking paragraphs (1) and (2) and inserting thefollowing:‘‘(1) sell, offer for sale, manufacture for sale, distributein commerce, or import into the United States any consumer
product, or other product or substance that is regulated under
this Act or any other Act enforced by the Commission, thatis not in conformity with an applicable consumer product safety
rule under this Act, or any similar rule, regulation, standard,or ban under any other Act enforced by the Commission;‘‘(2) sell, offer for sale, manufacture for sale, distributein commerce, or import into the United States any consumer
product, or other product or substance that is—

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00042

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3057‘‘(B) subject to voluntary corrective action taken by
the manufacturer, in consultation with the Commission,of which action the Commission has notified the public
or if the seller, distributor, or manufacturer knew or shouldhave known of such voluntary corrective action;‘‘(C) subject to an order issued under section 12 or
15 of this Act; or‘‘(D) a banned hazardous substance within the meaningof section 2(q)(1) of the Federal Hazardous Substances
Act (15 U.S.C. 1261(q)(1));’’;(2) by amending paragraph (6) to read as follows:‘‘(6) fail to furnish a certificate required by this Act or
any other Act enforced by the Commission, or to issue a false
certificate if such person in the exercise of due care has reason
to know that the certificate is false or misleading in any material respect; or to fail to comply with any requirement of section
14 (including the requirement for tracking labels) or any ruleor regulation under such section;’’.
(3) by striking ‘‘or’’ after the semicolon in paragraph (7);(4) by striking ‘‘and’’ after the semicolon in paragraph(8);(5) by striking ‘‘insulation).’’ in paragraph (9) and inserting‘‘insulation);’’; and(6) by striking the period at the end of paragraph (10)and inserting a semicolon; and(7) by inserting at the end the following:‘‘(12) sell, offer for sale, distribute in commerce, or import
into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or shouldhave been known, by such person to be used in a manner
unauthorized by the owner of that certification mark;‘‘(13) misrepresent to any officer or employee of theCommission the scope of consumer products subject to an action
required under section 12 or 15, or to make a material misrepresentation to such an officer or employee in the course of aninvestigation under this Act or any other Act enforced by theCommission; or‘‘(14) exercise, or attempt to exercise, undue influence ona third party conformity assessment body (as defined in section
14(f)(2)) with respect to the testing, or reporting of the resultsof testing, of any product for compliance under this Act or
any other Act enforced by the Commission.
‘‘(15) export from the United States for purpose of sale
any consumer product, or other product or substance regulatedby the Commission (other than a consumer product or substance, the export of which is permitted by the Secretary of
the Treasury pursuant to section 17(e)) that—‘‘(A) is subject to an order issued under section 12
or 15 of this Act or is a banned hazardous substancewithin the meaning of section 2(q)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)(1)); or‘‘(B) is subject to a voluntary corrective action takenby the manufacturer, in consultation with the Commission,of which action the Commission has notified the public;or

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00043

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3058

PUBLIC LAW 110–314—AUG. 14, 2008‘‘(16) violate an order of the Commission issued under
section 18(c).’’.
(b) CONFORMING AMENDMENT.—Section 17(a)(2) (15 U.S.C.
2066(a)(2)) is amended to read as follows:‘‘(2) is not accompanied by a certificate required by thisAct or any other Act enforced by the Commission, or is accompanied by a false certificate, if the manufacturer in the exerciseof due care has reason to know that the certificate is false
or misleading in any material respect, or is not accompanied
by any label or certificate (including tracking labels) required
under section 14 or any rule or regulation under such section;’’.
SEC. 217. PENALTIES.

dkrause on GSDDPC44 with PUBLIC LAWS

15 USC 1194
note.

VerDate Aug 31 2005

12:46 Aug 26, 2008(a) MAXIMUM CIVIL PENALTIES OF THE CONSUMER PRODUCTSAFETY COMMISSION.—(1) CONSUMER PRODUCT SAFETY ACT.—Section 20(a)(1) (15
U.S.C. 2069(a)(1)) is amended—(A) by striking ‘‘$5,000’’ and inserting ‘‘$100,000’’;(B) by striking ‘‘$1,250,000’’ both places it appears
and inserting ‘‘$15,000,000’’; and(C) by striking ‘‘December 1, 1994,’’ in paragraph (3)(B)and inserting ‘‘December 1, 2011,’’.
(2) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 5(c)(1)of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1))
is amended—(A) by striking ‘‘$5,000’’ in paragraph (1) and inserting‘‘$100,000’’;(B) by striking ‘‘$1,250,000’’ both places it appears
and inserting ‘‘$15,000,000’’; and(C) by striking ‘‘December 1, 1994,’’ in paragraph (6)(B)
and inserting ‘‘December 1, 2011,’’.
(3) FLAMMABLE FABRICS ACT.—Section 5(e)(1) of the Flammable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended—(A) by striking ‘‘$5,000’’ in paragraph (1) and inserting‘‘$100,000’’;(B)bystriking‘‘$1,250,000’’
andinserting‘‘$15,000,000’’; and(C) by striking ‘‘December 1, 1994,’’ in paragraph (6)(B)
and inserting ‘‘December 1, 2011,’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is the earlier ofthe date on which final regulations are issued under subsection(b)(2) or 1 year after the date of enactment of this Act.
(b) DETERMINATION OF PENALTIES BY THE CONSUMER PRODUCTSAFETY COMMISSION.—(1) FACTORS TO BE CONSIDERED.—(A) CONSUMER PRODUCT SAFETY ACT.—Section 20 (15U.S.C. 2069) is amended—(i) in subsection (b)—(I) by inserting ‘‘the nature, circumstances,
extent, and gravity of the violation, including’’ after‘‘shall consider’’;(II) by striking ‘‘products distributed, and’’ andinserting ‘‘products distributed,’’ ; and(III) by inserting ‘‘, including how to mitigate
undue adverse economic impacts on small

Jkt 069139

PO 00314

Frm 00044

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3059

businesses, and such other factors as appropriate’’
before the period; and(ii) in subsection (c)—(I) by inserting ‘‘, including how to mitigate
undue adverse economic impacts on small
businesses, the nature, circumstances, extent, andgravity of the violation, including’’ after ‘‘person
charged’’; and(II) by inserting ‘‘, and such other factors as
appropriate’’ after ‘‘products distributed’’.
(B) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section
5(c) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)) is amended—(i) in paragraph (3)—(I) by inserting ‘‘the nature, circumstances,
extent, and gravity of the violation, including’’ after‘‘shall consider’’;(II) by striking ‘‘substance distributed, and’’
and inserting ‘‘substance distributed,’’; and(III) by inserting ‘‘, including how to mitigate
undue adverse economic impacts on small
businesses, and such other factors as appropriate’’
before the period; and(ii) in paragraph (4)—(I) by inserting ‘‘, including how to mitigate
undue adverse economic impacts on small
businesses, the nature, circumstances, extent, andgravity of the violation, including’’ after ‘‘person
charged’’; and(II) by inserting ‘‘, and such other factors as
appropriate’’ after ‘‘substance distributed’’.
(C) FLAMMABLE FABRICS ACT.—Section 5(e) of the Flammable Fabrics Act (15 U.S.C. 1194(e)) is amended—(i) in paragraph (2)—(I) by striking ‘‘nature and number’’ andinserting ‘‘nature, circumstances, extent, andgravity’’;(II) by striking ‘‘absence of injury, and’’ andinserting ‘‘absence of injury,’’; and(III) by inserting ‘‘, and such other factors
as appropriate’’ before the period; and(ii) in paragraph (3)—(I) by striking ‘‘nature and number’’ andinserting ‘‘nature, circumstances, extent, andgravity’’;(II) by striking ‘‘absence of injury, and’’ andinserting ‘‘absence of injury,’’; and(III) by inserting ‘‘, and such other factors
as appropriate’’ before the period.
(2) CIVIL PENALTY CRITERIA.—Not later than 1 year after
the date of enactment of this Act, and in accordance withthe procedures of section 553 of title 5, United States Code,the Commission shall issue a final regulation providing its
interpretation of the penalty factors described in section 20(b)of the Consumer Product Safety Act (15 U.S.C. 2069(b)), section
5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00045

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.
Regulations.
15 USC 2069
note.

APPS10

PsN: PUBL314

122 STAT. 3060

PUBLIC LAW 110–314—AUG. 14, 2008
1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act(15 U.S.C. 1194(e)(2)), as amended by subsection (a).
(c) CRIMINAL PENALTIES.—(1) IN GENERAL.—Section 21(a) (15 U.S.C. 2070(a)) is
amended to read as follows:‘‘(a) Violation of section 19 of this Act is punishable by—‘‘(1) imprisonment for not more than 5 years for a knowing
and willful violation of that section;‘‘(2) a fine determined under section 3571 of title 18, UnitedStates Code; or‘‘(3) both.’’.
(2) DIRECTORS, OFFICERS, AND AGENTS.—Section 21(b) (15
U.S.C. 2070(b)) is amended by striking ‘‘19, and who has knowledge of notice of noncompliance received by the corporationfrom the Commission,’’ and inserting ‘‘19’’.
(3) UNDER THE FEDERAL HAZARDOUS SUBSTANCES ACT.—
Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C.
1264(a)) is amended by striking ‘‘one year, or a fine of not
more than $3,000, or both such imprisonment and fine.’’ andinserting ‘‘5 years, a fine determined under section 3571 oftitle 18, United States Code, or both.’’.
(4) UNDER THE FLAMMABLE FABRICS ACT.—Section 7 of the
Flammable Fabrics Act (15 U.S.C. 1196) is amended to readas follows:‘‘PENALTIESDefinition.

‘‘SEC. 7. Violation of section 3 or 8(b) of this Act, or failure
to comply with section 15(c) of this Act, is punishable by—‘‘(1) imprisonment for not more than 5 years for a knowing
and willful violation of that section;‘‘(2) a fine determined under section 3571 of title 18, UnitedStates Code; or‘‘(3) both.’’.
(d) CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE.—Section 21 (15 U.S.C. 2070) is amended by adding at the end thereof
the following:‘‘(c)(1) In addition to the penalties provided by subsection (a),the penalty for a criminal violation of this Act or any other Act
enforced by the Commission may include the forfeiture of assets
associated with the violation.
‘‘(2) In this subsection, the term ‘criminal violation’ meansa violation of this Act or any other Act enforced by the Commission
for which the violator is sentenced to pay a fine, be imprisoned,or both.’’.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 218. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

(a) IN GENERAL.—Section 24 (15 U.S.C. 2073) is amended—(1) by striking ‘‘PRIVATE’’ in the section heading andinserting ‘‘ADDITIONAL’’;(2) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Any interested
person’’; and(3) by adding at the end the following:‘‘(b) STATE ATTORNEY GENERAL ENFORCEMENT.—‘‘(1) RIGHT OF ACTION.—Except as provided in paragraph(5), the attorney general of a State, or other authorized State
officer, alleging a violation of section 19(a)(1), (2), (5), (6), (7),(9), or (12) of this Act that affects or may affect such State

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00046

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3061

or its residents may bring an action on behalf of the residentsof the State in any United States district court for the districtin which the defendant is found or transacts business to obtainappropriate injunctive relief.
‘‘(2) INITIATION OF CIVIL ACTION.—‘‘(A) NOTICE TO COMMISSION REQUIRED IN ALL CASES.—
A State shall provide written notice to the Commission
regarding any civil action under paragraph (1). Except
when proceeding under subparagraph (C), the State shallprovide the notice at least 30 days before the date on
which the State intends to initiate the civil action by filinga complaint.
‘‘(B) FILING OF COMPLAINT.—A State may initiate thecivil action by filing a complaint—‘‘(i) at any time after the date on which the 30day period ends; or‘‘(ii) earlier than such date if the Commission consents to an earlier initiation of the civil action by
the State.
‘‘(C) ACTIONS INVOLVING SUBSTANTIAL PRODUCTHAZARD.—Notwithstanding subparagraph (B), a State may
initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of theState’s determination that such immediate action is necessary to protect the residents of the State from a substantial product hazard (as defined in section 15(a)).
‘‘(D) FORM OF NOTICE.—The written notice requiredby this paragraph may be provided by electronic mail,facsimile machine, or any other means of communication
accepted by the Commission.
‘‘(E) COPY OF COMPLAINT.—A State shall provide a
copy of the complaint to the Commission upon filing thecomplaint or as soon as possible thereafter.
‘‘(3) INTERVENTION BY THE COMMISSION.—The Commission
may intervene in such civil action and upon intervening—‘‘(A) be heard on all matters arising in such civil action;
and‘‘(B) file petitions for appeal of a decision in such civil
action.
‘‘(4) CONSTRUCTION.—Nothing in this section, section 5(d)of the Federal Hazardous Substances Act (15 U.S.C. 1264(d)),
section 9 of the Poison Prevention Packaging Act of 1970,or section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d))
shall be construed—‘‘(A) to prevent the attorney general of a State, orother authorized State officer, from exercising the powers
conferred on the attorney general, or other authorized State
officer, by the laws of such State; or‘‘(B) to prohibit the attorney general of a State, orother authorized State officer, from proceeding in Stateor Federal court on the basis of an alleged violation of
any civil or criminal statute of that State.
‘‘(5) LIMITATION.—No separate suit shall be brought under
this subsection (other than a suit alleging a violation of paragraph (1) or (2) of section 19(a)) if, at the time the suit isbrought, the same alleged violation is the subject of a pending
civil or criminal action by the United States under this Act.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00047

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3062

PUBLIC LAW 110–314—AUG. 14, 2008‘‘(6) RESTRICTIONS ON PRIVATE COUNSEL.—If private counsel
is retained to assist in any civil action under paragraph (1),the private counsel retained to assist the State may not—‘‘(A) share with participants in other private civil
actions that arise out of the same operative facts any
information that is—‘‘(i) subject to attorney-client or work product privilege; and‘‘(ii) was obtained during discovery in the action
under paragraph (1); or‘‘(B) use any information that is subject to attorneyclient or work product privilege that was obtained while
assisting the State in the action under paragraph (1) in
any other private civil actions that arise out of the same
operative facts.’’.
(b) CONFORMING AMENDMENTS.—(1) POISON PREVENTION PACKAGING ACT.—The Poison
Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.)
is amended by adding at the end the following:

15 USC 1477.

Applicability.

‘‘SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

‘‘The attorney general of a State, or other authorized State
officer, alleging a violation of a standard or rule promulgated under
section 3 that affects or may affect such State or its residents,
may bring an action on behalf of the residents of the State in
any United States district court for the district in which the defendant is found or transacts business to obtain appropriate injunctive
relief. The procedural requirements of section 24(b) of the Consumer
Product Safety Act (15 U.S.C. 2073(b)) shall apply to any suchaction.’’.
(2) CLERICAL AMENDMENT.—The table of contents in section
1 (15 U.S.C. 2051 note) is amended by striking the item relating
to section 24 and inserting the following:‘‘Sec. 24. Additional enforcement of product safety rules and of section 15 orders.’’.
SEC. 219. WHISTLEBLOWER PROTECTIONS.

(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended
by section 206 of this Act, is further amended by adding at theend the following:‘‘WHISTLEBLOWER PROTECTION

dkrause on GSDDPC44 with PUBLIC LAWS

15 USC 2087.

VerDate Aug 31 2005

12:46 Aug 26, 2008‘‘SEC. 40. (a) No manufacturer, private labeler, distributor, or
retailer, may discharge an employee or otherwise discriminate
against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee, whether
at the employee’s initiative or in the ordinary course of theemployee’s duties (or any person acting pursuant to a requestof the employee)—‘‘(1) provided, caused to be provided, or is about to provide
or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating
to any violation of, or any act or omission the employee reasonably believes to be a violation of any provision of this Act
or any other Act enforced by the Commission, or any order,
rule, regulation, standard, or ban under any such Acts;‘‘(2) testified or is about to testify in a proceeding concerning
such violation;

Jkt 069139

PO 00314

Frm 00048

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3063‘‘(3) assisted or participated or is about to assist or participate in such a proceeding; or‘‘(4) objected to, or refused to participate in, any activity,
policy, practice, or assigned task that the employee (or othersuch person) reasonably believed to be in violation of any provision of this Act or any other Act enforced by the Commission,or any order, rule, regulation, standard, or ban under any
such Acts.
‘‘(b)(1) A person who believes that he or she has been discharged
or otherwise discriminated against by any person in violation ofsubsection (a) may, not later than 180 days after the date on
which such violation occurs, file (or have any person file on his
or her behalf) a complaint with the Secretary of Labor alleging
such discharge or discrimination and identifying the person responsible for such act. Upon receipt of such a complaint, the Secretaryshall notify, in writing, the person named in the complaint of
the filing of the complaint, of the allegations contained in thecomplaint, of the substance of evidence supporting the complaint,
and of the opportunities that will be afforded to such person underparagraph (2).
‘‘(2)(A) Not later than 60 days after the date of receipt of
a complaint filed under paragraph (1) and after affording thecomplainant and the person named in the complaint an opportunity
to submit to the Secretary a written response to the complaint
and an opportunity to meet with a representative of the Secretary
to present statements from witnesses, the Secretary shall initiate
an investigation and determine whether there is reasonable cause
to believe that the complaint has merit and notify, in writing,the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary’s findings. If the Secretaryconcludes that there is reasonable cause to believe that a violationof subsection (a) has occurred, the Secretary shall accompany the
Secretary’s findings with a preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than 30 days after thedate of notification of findings under this paragraph, either the
person alleged to have committed the violation or the complainant
may file objections to the findings or preliminary order, or both,and request a hearing on the record. The filing of such objections
shall not operate to stay any reinstatement remedy contained in
the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, thepreliminary order shall be deemed a final order that is not subject
to judicial review.
‘‘(B)(i) The Secretary shall dismiss a complaint filed under
this subsection and shall not conduct an investigation otherwise
required under subparagraph (A) unless the complainant makes
a prima facie showing that any behavior described in paragraphs(1) through (4) of subsection (a) was a contributing factor in theunfavorable personnel action alleged in the complaint.
‘‘(ii) Notwithstanding a finding by the Secretary that thecomplainant has made the showing required under clause (i), no
investigation otherwise required under subparagraph (A) shall be
conducted if the employer demonstrates, by clear and convincing
evidence, that the employer would have taken the same unfavorable
personnel action in the absence of that behavior.
‘‘(iii) The Secretary may determine that a violation of subsection(a) has occurred only if the complainant demonstrates that any

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00049

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Discrimination.
Deadline.

Notification.

Deadlines.
Notification.
Investigation.
Order.

APPS10

PsN: PUBL314

122 STAT. 3064

Deadline.
Order.

dkrause on GSDDPC44 with PUBLIC LAWS

Deadlines.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008

behavior described in paragraphs (1) through (4) of subsection (a)was a contributing factor in the unfavorable personnel action allegedin the complaint.
‘‘(iv) Relief may not be ordered under subparagraph (A) if
the employer demonstrates by clear and convincing evidence thatthe employer would have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3)(A) Not later than 120 days after the date of conclusionof any hearing under paragraph (2), the Secretary shall issue a
final order providing the relief prescribed by this paragraph or
denying the complaint. At any time before issuance of a finalorder, a proceeding under this subsection may be terminated on
the basis of a settlement agreement entered into by the Secretary,
the complainant, and the person alleged to have committed theviolation.
‘‘(B) If, in response to a complaint filed under paragraph (1),the Secretary determines that a violation of subsection (a) has
occurred, the Secretary shall order the person who committed such
violation—‘‘(i) to take affirmative action to abate the violation;‘‘(ii) to reinstate the complainant to his or her former
position together with compensation (including back pay) andrestore the terms, conditions, and privileges associated withhis or her employment; and‘‘(iii) to provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary,at the request of the complainant, shall assess against the person
against whom the order is issued a sum equal to the aggregate
amount of all costs and expenses (including attorneys’ and expert
witness fees) reasonably incurred, as determined by the Secretary,by the complainant for, or in connection with, the bringing of
the complaint upon which the order was issued.
‘‘(C) If the Secretary finds that a complaint under paragraph(1) is frivolous or has been brought in bad faith, the Secretary
may award to the prevailing employer a reasonable attorneys’ fee,
not exceeding $1,000, to be paid by the complainant.
‘‘(4) If the Secretary has not issued a final decision within
210 days after the filing of the complaint, or within 90 days after
receiving a written determination, the complainant may bring anaction at law or equity for de novo review in the appropriate
district court of the United States with jurisdiction, which shallhave jurisdiction over such an action without regard to the amountin controversy, and which action shall, at the request of either
party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof
specified in paragraph (2)(B). The court shall have jurisdiction
to grant all relief necessary to make the employee whole, including
injunctive relief and compensatory damages, including—‘‘(A) reinstatement with the same seniority status thatthe employee would have had, but for the discharge or discrimination;‘‘(B) the amount of back pay, with interest; and‘‘(C) compensation for any special damages sustained asa result of the discharge or discrimination, including litigation
costs, expert witness fees, and reasonable attorney’s fees.
‘‘(5)(A) Unless the complainant brings an action under paragraph (4), any person adversely affected or aggrieved by a final

Jkt 069139

PO 00314

Frm 00050

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3065

order issued under paragraph (3) may obtain review of the orderin the United States Court of Appeals for the circuit in which
the violation, with respect to which the order was issued, allegedly
occurred or the circuit in which the complainant resided on thedate of such violation. The petition for review must be filed notlater than 60 days after the date of the issuance of the finalorder of the Secretary. Review shall conform to chapter 7 of title
5, United States Code. The commencement of proceedings under
this subparagraph shall not, unless ordered by the court, operate
as a stay of the order.
‘‘(B) An order of the Secretary with respect to which review
could have been obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or other civil proceeding.
‘‘(6) Whenever any person has failed to comply with an orderissued under paragraph (3), the Secretary may file a civil actionin the United States district court for the district in which theviolation was found to occur, or in the United States district court
for the District of Columbia, to enforce such order. In actions
brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to,
injunctive relief and compensatory damages.
‘‘(7)(A) A person on whose behalf an order was issued underparagraph (3) may commence a civil action against the person
to whom such order was issued to require compliance with suchorder. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
‘‘(B) The court, in issuing any final order under this paragraph,
may award costs of litigation (including reasonable attorneys’ andexpert witness fees) to any party whenever the court determinessuch award is appropriate.
‘‘(c) Any nondiscretionary duty imposed by this section shallbe enforceable in a mandamus proceeding brought under section
1361 of title 28, United States Code.
‘‘(d) Subsection (a) shall not apply with respect to an employee
of a manufacturer, private labeler, distributor, or retailer who,
acting without direction from such manufacturer, private labeler,
distributor, or retailer (or such person’s agent), deliberately causesa violation of any requirement relating to any violation or alleged
violation of any order, regulation, or consumer product safety
standard under this Act or any other law enforced by the Commission.’’.
(b) CONFORMING AMENDMENT.—The table of contents, as
amended by section 206 of this Act, is further amended by inserting
after the item relating to section 39 the following:

Deadline.

‘‘Sec. 40. Whistleblower protection.’’.

Subtitle C—Specific Import-Export
Provisions

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.

(a) IN GENERAL.—Section 18 (15 U.S.C. 2067) is amended—(1) in subsection (b), by striking ‘‘any product—’’ and allthat follows through ‘‘promulgated under section 9,’’ andinserting ‘‘any product which is not in conformity with an

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00051

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3066

Notification.
Deadline.

dkrause on GSDDPC44 with PUBLIC LAWS

Notification.
Deadline.

VerDate Aug 31 2005

PUBLIC LAW 110–314—AUG. 14, 2008

applicable consumer product safety rule in effect under thisAct,’’; and(2) by adding at the end the following:‘‘(c) The Commission may prohibit a person from exportingfrom the United States for purpose of sale any consumer productthat is not in conformity with an applicable consumer productsafety rule under this Act, unless the importing country has notified
the Commission that such country accepts the importation of suchconsumer product, provided that if the importing country has not
so notified the Commission within 30 days after the Commission
has provided notice to the importing country of the impending
shipment, the Commission may take such action as appropriate
within its authority with respect to the disposition of the productunder the circumstances.
‘‘(d) Nothing in this section shall apply to any consumer product,the export of which is permitted by the Secretary of the Treasury
pursuant to section 17(e).’’.
(b) CONFORMING AMENDMENTS TO FLAMMABLE FABRICS ACT.—
Section 15 of the Flammable Fabrics Act (15 U.S.C. 1202) isamended by adding at the end the following:‘‘(d) Notwithstanding any other provision of this section, theConsumer Product Safety Commission may prohibit, by order, aperson from exporting from the United States for purpose of sale
any fabric or related material that the Commission determines
is not in conformity with an applicable standard or rule under
this Act, unless the importing country has notified the Commissionthat such country accepts the importation of such fabric or relatedmaterial, provided that if the importing country has not so notified
the Commission within 30 days after the Commission has provided
notice to the importing country of the impending shipment, theCommission may take such action as is appropriate with respect
to the disposition of the fabric or related material under the circumstances.
‘‘(e) Nothing in this section shall apply to any fabric or relatedmaterial, the export of which is permitted by the Secretary of
the Treasury pursuant to section 17(e).’’.

15 USC 2066
note.

SEC.

Deadline.

(a) RISK ASSESSMENT METHODOLOGY.—Not later than 2 years
after the date of enactment of this Act, the Commission shalldevelop a risk assessment methodology for the identification of
shipments of consumer products that are—(1) intended for import into the United States; and(2) likely to include consumer products in violation of section 17(a) of the Consumer Product Safety Act (15 U.S.C.
2066(a)) or other import provisions enforced by the Commission.
(b) USE OF INTERNATIONAL TRADE DATA SYSTEM AND OTHERDATABASES.—In developing the methodology required under subsection (a), the Commission shall—(1) provide for the use of the International Trade Data
System, insofar as is practicable, established under section
411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) to evaluate
and assess information about shipments of consumer products
intended for import into the customs territory of the UnitedStates;

12:46 Aug 26, 2008

Jkt 069139

222.

PO 00314

IMPORT SAFETY
COOPERATION.

Frm 00052

Fmt 6580

MANAGEMENT

Sfmt 6581

AND

E:\PUBLAW\PUBL314.110

INTERAGENCY

APPS10

PsN: PUBL314

dkrause on GSDDPC44 with PUBLIC LAWS

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3067

(2) incorporate the risk assessment methodology required
under this section into its information technology modernization
plan;(3) examine, in consultation with U.S. Customs and Border
Protection, how to share information collected and retainedby the Commission, including information in the databaserequired under section 6A of the Consumer Product Safety
Act, for the purpose of identifying shipments of consumer products in violation of section 17(a) of such Act (15 U.S.C. 2066(a))
or other import provisions enforced by the Commission; and(4) examine, in consultation with U.S. Customs and Border
Protection, how to share information required by section 15(j)of the CPSA as added by section 223 of this Act for the purposeof identifying shipments of consumer products in violation ofsection 17(a) of the Consumer Product Safety Act (15 U.S.C.
2066(a)) or other import provisions enforced by the Commission.
(c) COOPERATION WITH U.S. CUSTOMS AND BORDER PROTECTION.—Not later than 1 year after the date of enactment of thisAct, the Commission shall develop a plan for sharing informationand coordinating with U.S. Customs and Border Protection thatconsiders, at a minimum, the following:(1) The number of full-time equivalent personnel employedby the Commission that should be stationed at U.S. portsof entry for the purpose of identifying shipments of consumer
products that are in violation of section 17(a) of the Consumer
Product Safety Act (15 U.S.C. 2066(a)) or other import provisions enforced by the Commission.
(2) The extent and nature of cooperation between theCommission and U.S. Customs and Border Protection personnel
stationed at ports of entry in the identification of shipmentsof consumer product that are in violation of section 17(a) of
the Consumer Product Safety Act (15 U.S.C. 2066(a)) or otherimport provisions enforced by the Commission under this Act
or any other provision of law.
(3) The number of full-time equivalent personnel employedby the Commission that should be stationed at the National
Targeting Center (or its equivalent) of U.S. Customs and Border
Protection, including—(A) the extent and nature of cooperation between
Commission and U.S. Customs and Border Protection personnel stationed at the National Targeting Center (or its
equivalent), as well as at United States ports of entry;(B) the responsibilities of Commission personnel
assigned to the National Targeting Center (or its equivalent) under subsection (b)(3); and(C) whether the information available at the National
Targeting Center (or its equivalent) would be useful to
the Commission or U.S. Customs and Border Protection
in identifying the consumer products described in subsection (a).
(4) The development of rule sets for the Automated Targeting System and expedited access for the Commission to
the Automated Targeting System.
(5) The information and resources necessary for thedevelopment, updating, and effective implementation of therisk assessment methodology required in subsection (a).

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00053

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.
Plans.

APPS10

PsN: PUBL314

122 STAT. 3068

PUBLIC LAW 110–314—AUG. 14, 2008(d) REPORT TO CONGRESS.—Not later than 180 days after
completion of the risk assessment methodology required under thissection, the Commission shall submit a report to the appropriate
Congressional committees concerning, at a minimum, the following:(1) The Commission’s plan for implementing the risk
assessment methodology required under this section.
(2) The changes made or necessary to be made to theCommission’s memorandum of understanding with U.S. Customs and Border Protection.
(3) The status of—(A) the development of the Automated Targeting
System rule set required under subsection (c)(4) of thissection;(B) the Commission’s access to the Automated Targeting System; and(C) the effectiveness of the International Trade Data
System in enhancing cooperation between the Commission
and U.S. Customs and Border Protection for the purposeof identifying shipments of consumer products in violationof section 17(a) of the Consumer Product Safety Act (15U.S.C. 2066(a)) or other import provisions enforced by theCommission;(4) Whether the Commission requires additional statutory
authority under the Consumer Product Safety Act, the Federal
Hazardous Substances Act, the Flammable Fabrics Act, or the
Poison Prevention Packaging Act of 1970 in order to implement
the risk assessment methodology required under this section.
(5) The level of appropriations necessary to implement
the risk assessment methodology required under this section.
SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION
OF NONCOMPLIANT IMPORTED PRODUCTS.

Rules.

Deadline.

dkrause on GSDDPC44 with PUBLIC LAWS

Deadline.

VerDate Aug 31 2005

12:46 Aug 26, 2008(a) IDENTIFICATION OF SUBSTANTIAL HAZARDS.—Section 15 (15U.S.C. 2064), as amended by section 214, is amended by adding
at the end thereof the following:‘‘(j) SUBSTANTIAL PRODUCT HAZARD LIST.—‘‘(1) IN GENERAL.—The Commission may specify, by rule,
for any consumer product or class of consumer products,
characteristics whose existence or absence shall be deemeda substantial product hazard under subsection (a)(2), if theCommission determines that—‘‘(A) such characteristics are readily observable andhave been addressed by voluntary standards; and‘‘(B) such standards have been effective in reducing
the risk of injury from consumer products and that there
is substantial compliance with such standards.
‘‘(2) JUDICIAL REVIEW.—Not later than 60 days after
promulgation of a rule under paragraph (1), any person
adversely affected by such rule may file a petition for review
under the procedures set forth in section 11 of this Act.’’.
(b) DESTRUCTION OF NONCOMPLIANT IMPORTED PRODUCTS.—
Section 17(e) (15 U.S.C. 2066(e)) is amended to read as follows:‘‘(e) Products refused admission into the customs territory of
the United States shall be destroyed unless, upon application by
the owner, consignee, or importer of record, the Secretary of theTreasury permits the export of the product in lieu of destruction.
If the owner, consignee, or importer of record does not export

Jkt 069139

PO 00314

Frm 00054

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3069

the product within 90 days of approval to export, such productshall be destroyed.’’.
(c) INSPECTION AND RECORDKEEPING REQUIREMENT.—The Act
is further amended—(1) by amending section 17(g) (15 U.S.C. 2066(g)) to readas follows:‘‘(g) Manufacturers of imported products shall be in compliancewith all inspection and recordkeeping requirements under section
16 applicable to such products, and the Commission shall advise
the Secretary of the Treasury of any manufacturer who is notin compliance with all inspection and recordkeeping requirements
under section 16.’’; and(2) by adding at the end of section 16 (15 U.S.C. 2065)
the following:‘‘(d) The Commission shall, by rule, condition the manufacturing
for sale, offering for sale, distribution in commerce, or importation
into the United States of any consumer product or other producton the manufacturer’s compliance with the inspection and recordkeeping requirements of this Act and the Commission’s rules withrespect to such requirements.’’.

Manufacturers.

Rules.

SEC. 224. FINANCIAL RESPONSIBILITY.

dkrause on GSDDPC44 with PUBLIC LAWS(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended
by section 219, is further amended by adding at the end the following:

VerDate Aug 31 2005‘‘SEC. 41. FINANCIAL RESPONSIBILITY.

15 USC 2088.

‘‘(a) IDENTIFICATION AND DETERMINATION OF BOND.—The
Commission, in consultation with U.S. Customs and Border Protection and other relevant Federal agencies, shall identify any consumer product, or other product or substance that is regulated
under this Act or any other Act enforced by the Commission, forwhich the cost of destruction would normally exceed bond amounts
determined under sections 623 and 624 of the Tariff Act of 1930
(19 U.S.C. 1623, 1624) and shall recommend to U.S. Customs andBorder Protection a bond amount sufficient to cover the cost ofdestruction of such products or substances.
‘‘(b) STUDY OF REQUIRING ESCROW FOR RECALLS AND DESTRUCTION OF PRODUCTS.—‘‘(1) STUDY.—The Comptroller General shall conduct a
study to determine the feasibility of requiring—‘‘(A) the posting of an escrow, proof of insurance, or
security sufficient in amount to cover the cost of destructionof a domestically-produced product or substance regulated
under this Act or any other Act enforced by the Commission; and‘‘(B) the posting of an escrow, proof of insurance, or
security sufficient in amount to cover the cost of an effective
recall of a product or substance, domestic or imported,
regulated under this Act or any other Act enforced by
the Commission.
‘‘(2) REPORT.—Not later than 180 days after the date ofenactment of the Consumer Product Safety Improvement Act
of 2008, the Comptroller General shall transmit to the appropriate Congressional committees a report on the conclusionsof the study required under paragraph (1), including an assessment of whether such an escrow requirement could be implemented and any recommendations for such implementation.’’.

Recommendations.

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00055

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

122 STAT. 3070

PUBLIC LAW 110–314—AUG. 14, 2008(b) CONFORMING AMENDMENTS.—The table of contents in section 1 (15 U.S.C. 2051 note), as amended by section 219, is amended
by adding at the end the following:‘‘Sec. 41. Financial responsibility.’’.
SEC. 225. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIESRELATING TO SAFETY OF IMPORTED CONSUMER PRODUCTS.

Recommendations.
Manufacturers.

Not later than 1 year after the date of enactment of thisAct, the Comptroller General of the United States shall—(1) conduct a study of the authorities and provisions of
the Consumer Product Safety Act (15 U.S.C. 2051 et seq.)
to assess the effectiveness of such authorities and provisionsin preventing unsafe consumer products from entering the customs territory of the United States;(2) review and provide recommendations with respect toplans to prevent unsafe consumer products from entering thecustoms territory of the United States; and(3) submit to the appropriate Congressional committees
a report on the findings of the Comptroller General with respect
to paragraphs (1) and (2), including legislative recommendations related to, at a minimum—(A) inspection of foreign manufacturing plants by theCommission; and(B) requiring foreign manufacturers to consent to thejurisdiction of United States courts with respect to enforcement actions by the Commission.

Subtitle D—Miscellaneous Provisions andConforming Amendments

dkrause on GSDDPC44 with PUBLIC LAWS

15 USC 2051
note.

VerDate Aug 31 2005

12:46 Aug 26, 2008

SEC. 231. PREEMPTION.

(a) RULE WITH REGARD TO PREEMPTION.—The provisions ofsections 25 and 26 of the Consumer Product Safety Act (15 U.S.C.
2074 and 2075, respectively), section 18 of the Federal Hazardous
Substances Act (15 U.S.C. 1261 note), section 16 of the Flammable
Fabrics Act (15 U.S.C. 1203), and section 7 of the Poison Packaging
Prevention Act of 1970 (15 U.S.C. 1476) establishing the extent
to which those Acts preempt, limit, or otherwise affect any other
Federal, State, or local law, any rule, procedure, or regulation,or any cause of action under State or local law may not be expanded
or contracted in scope, or limited, modified or extended in application, by any rule or regulation thereunder, or by reference in any
preamble, statement of policy, executive branch statements, or othermatter associated with the publication of any such rule or regulation. In accordance with the provisions of those Acts, the Commission may not construe any such Act as preempting any causeof action under State or local common law or State statutory law
regarding damage claims.
(b) PRESERVATION OF CERTAIN STATE LAW.—Nothing in thisAct or the Federal Hazardous Substances 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.

Jkt 069139

PO 00314

Frm 00056

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3071

SEC. 232. ALL-TERRAIN VEHICLE STANDARD.

(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended
by section 224, is further amended by adding at the end thereof
the following:dkrause on GSDDPC44 with PUBLIC LAWS‘‘SEC. 42. ALL-TERRAIN VEHICLES.

15 USC 2089.

‘‘(a) IN GENERAL.—‘‘(1) MANDATORY STANDARD.—Notwithstanding any otherprovision of law, within 90 days after the date of enactmentof the Consumer Product Safety Improvement Act of 2008,
the Commission shall publish in the Federal Register as amandatory consumer product safety standard the American
National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developedby the Specialty Vehicle Institute of America (American
National Standard ANSI/SVIA –1–2007). The standard shalltake effect 150 days after it is published.
‘‘(2) COMPLIANCE WITH STANDARD.—After the standard
takes effect, it shall be unlawful for any manufacturer or distributor to import into or distribute in commerce in the UnitedStates any new assembled or unassembled all-terrain vehicle
unless—‘‘(A) the all-terrain vehicle complies with eachapplicable provision of the standard;‘‘(B) the ATV is subject to an ATV action plan filedwith the Commission before the date of enactment of theAct, or subsequently filed with and approved by theCommission, and bears a label certifying such complianceand identifying the manufacturer, importer or private
labeler and the ATV action plan to which it is subject;
and‘‘(C) the manufacturer or distributor is in compliancewith all provisions of the applicable ATV action plan.
‘‘(3) VIOLATION.—The failure to comply with any requirement of paragraph (2) shall be deemed to be a failure tocomply with a consumer product safety standard under thisAct and subject to all of the penalties and remedies available
under this Act.
‘‘(4) COMPLIANT MODELS WITH ADDITIONAL FEATURES.—
Paragraph (2) shall not be construed to prohibit the distribution
in commerce of new all-terrain vehicles that comply with therequirements of that paragraph but also incorporate characteristics or components that are not covered by those requirements.
Any such characteristics or components shall be subject tothe requirements of section 15 of this Act.
‘‘(b) MODIFICATION OF STANDARD.—‘‘(1) ANSI REVISIONS.—If the American National Standard
ANSI/SVIA–1–2007 is revised through the applicable consensus
standards development process after the date on which the
product safety standard for all-terrain vehicles is publishedin the Federal Register, the American National Standards
Institute shall notify the Commission of the revision.
‘‘(2) COMMISSION ACTION.—Within 120 days after it receives
notice of such a revision by the American National Standards
Institute, the Commission shall issue a notice of proposed rulemaking in accordance with section 553 of title 5, United States
Code, to amend the product safety standard for all-terrain

VerDate Aug 31 2005

15:29 Sep 14, 2008

Jkt 069139

PO 00314

Frm 00057

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.
Federal Register,
publication.

Effective date.
Manufacturers.
Exports andimports.

Notification.

Deadlines.
Notices.

PUBL314

122 STAT. 3072

dkrause on GSDDPC44 with PUBLIC LAWS

Regulations.

VerDate Aug 31 2005

12:46 Aug 26, 2008

PUBLIC LAW 110–314—AUG. 14, 2008

vehicles to include any such revision that the Commission
determines is reasonably related to the safe performance of
all-terrain vehicles, and notify the Institute of any provision
it has determined not to be so related. The Commission shallpromulgate an amendment to the standard for all-terrain
vehicles within 180 days after the date on which the noticeof proposed rulemaking for the amendment is published in
the Federal Register.
‘‘(3) UNREASONABLE RISK OF INJURY.—Notwithstanding anyother provision of this Act, the Commission may, pursuant
to sections 7 and 9 of this Act, amend the product safety
standard for all-terrain vehicles to include any additional provision that the Commission determines is reasonably necessary
to reduce an unreasonable risk of injury associated with theperformance of all-terrain vehicles.
‘‘(4) CERTAIN PROVISIONS NOT APPLICABLE.—Sections 7 and
9 of this Act shall not apply to promulgation of any amendmentof the product safety standard under paragraph (2). Judicial
review of any amendment of the standard under paragraph(2) shall be in accordance with chapter 7 of title 5, UnitedStates Code.
‘‘(c) REQUIREMENTS FOR 3-WHEELED ALL-TERRAIN VEHICLES.—
Until a mandatory consumer product safety standard applicableto 3-wheeled all-terrain vehicles promulgated pursuant to this Act
is in effect, new 3-wheeled all-terrain vehicles may not be imported
into or distributed in commerce in the United States. Any violationof this subsection shall be considered to be a violation of section
19(a)(1) of this Act and may also be enforced under section 17of this Act.
‘‘(d) FURTHER PROCEEDINGS.—‘‘(1) DEADLINE.—The Commission shall issue a final rule
in its proceeding entitled ‘Standards for All Terrain Vehicles
and Ban of Three-wheeled All Terrain Vehicles’.
‘‘(2) CATEGORIES OF YOUTH ATVS.—In the final rule, theCommission, in consultation with the National Highway Traffic
Safety Administration, may provide for a multiple factor methodof categorization that, at a minimum, takes into account—‘‘(A) the weight of the ATV;‘‘(B) the maximum speed of the ATV;‘‘(C) the velocity at which an ATV of a given weightis traveling at the maximum speed of the ATV;‘‘(D) the age of children for whose operation the ATV
is designed or who may reasonably be expected to operate
the ATV; and‘‘(E) the average weight of children for whose operation
the ATV is designed or who may reasonably be expected
to operate the ATV.
‘‘(3) ADDITIONAL SAFETY STANDARDS.—In the final rule, theCommission, in consultation with the National Highway Traffic
Safety Administration, shall review the standard publishedunder subsection (a)(1) and establish additional safety standards for all-terrain vehicles to the extent necessary to protect
the public health and safety. As part of its review, the Commission shall consider, at a minimum, establishing or strengthening standards on—‘‘(A) suspension;‘‘(B) brake performance;

Jkt 069139

PO 00314

Frm 00058

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3073‘‘(C) speed governors;‘‘(D) warning labels;‘‘(E) marketing; and‘‘(F) dynamic stability.
‘‘(e) DEFINITIONS.—In this section:‘‘(1) ALL-TERRAIN VEHICLE OR ATV.—The term ‘all-terrain
vehicle’ or ‘ATV’ means—‘‘(A) any motorized, off-highway vehicle designed totravel on 3 or 4 wheels, having a seat designed to be
straddled by the operator and handlebars for steering control; but‘‘(B) does not include a prototype of a motorized, offhighway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for
research and development purposes unless the vehicle isoffered for sale.
‘‘(2) ATV ACTION PLAN.—The term ‘ATV action plan’ meansa written plan or letter of undertaking that describes actions
the manufacturer or distributor agrees to take to promote ATV
safety, including rider training, dissemination of safety information, age recommendations, other policies governing marketingand sale of the ATVs, the monitoring of such sales, and othersafety related measures, and that is substantially similar tothe plans described under the heading ‘The Undertakings of
the Companies in the Commission Notice’ published in theFederal Register on September 9, 1998 (63 FR 48199–48204).’’.
(b) GAO STUDY.—The Comptroller General shall conduct a
study of the utility, recreational, and other benefits of all-terrain
vehicles to which section 42 of the Consumer Product Safety Act(15 U.S.C. 2085) applies, and the costs associated with all-terrain
vehicle-related accidents and injuries.
(c) CONFORMING AMENDMENT.—The table of contents of thisAct is further amended by inserting after the item relating tosection 42 the following:‘‘Sec. 42. All-terrain vehicles.’’.
SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION
PACKAGING ACT OF 1970.

Section 3 of the Poison Prevention Packaging Act of 1970 (15U.S.C. 1472) is amended by adding at the end thereof the following:‘‘(e) Nothing in this Act shall be construed to require theConsumer Product Safety Commission, in establishing a standard
under this section, to prepare a comparison of the costs that would
be incurred in complying with such standard with the benefitsof such standard.’’.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 234. STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING
OF TEXTILE AND APPAREL ARTICLES.

Not later than 2 years after the date of enactment of thisAct, the Comptroller General, in consultation with the Commission,
shall conduct a study on the use of formaldehyde in the manufactureof textile and apparel articles, or in any component of such articles,
to identify any risks to consumers caused by the use of formaldehyde
in the manufacturing of such articles, or components of such articles.

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00059

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadline.

APPS10

PsN: PUBL314

122 STAT. 3074

PUBLIC LAW 110–314—AUG. 14, 2008

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 235. TECHNICAL AND CONFORMING CHANGES.

(a) DEFINITIONS.—Section 3(a) (15 U.S.C. 2052) is amended
by adding at the end the following:‘‘(15) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate Congressional committees’ means the Committee
on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportationof the Senate.
‘‘(16) CHILDREN’S PRODUCT.—The term ‘children’s product’means a consumer product designed or intended primarily forchildren 12 years of age or younger. In determining whether
a consumer product is primarily intended for a child 12 yearsof age or younger, the following factors shall be considered:‘‘(A) A statement by a manufacturer about the intended
use of such product, including a label on such productif such statement is reasonable.
‘‘(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate
for use by children 12 years of age or younger.
‘‘(C) Whether the product is commonly recognized byconsumers as being intended for use by a child 12 yearsof age or younger.
‘‘(D) The Age Determination Guidelines issued by theCommission staff in September 2002, and any successor
to such guidelines.
‘‘(17) THIRD-PARTY LOGISTICS PROVIDER.—The term ‘thirdparty logistics provider’ means a person who solely receives,
holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the
product.’’.
(b) MISCELLANEOUS.—Section 3 (15 U.S.C. 2052) is amended—(1) by striking ‘‘(a) for purposes of this Act:’’ and inserting‘‘(a) IN GENERAL.—In this Act:’’;(2) by indenting each paragraph and subparagraph of subsection (a) 2 em spaces;(3) by inserting a heading, in a form consistent with theform of the heading of this subsection consisting of the term
defined by such paragraph, after the designation of each paragraph of subsection (a);(4) by reordering such paragraphs and the additional paragraphs added by paragraph (1) of this subsection in alphabeticalorder based on the headings of such paragraphs and renumbering such paragraphs as so reordered; and(5) by inserting ‘‘common carriers, contract carriers, andfreight forwarders’’ after ‘‘(b)’’ in subsection (b).
(c) CONFORMING AMENDMENTS.—(1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting‘‘third-party logistics provider,’’ after ‘‘contract carrier,’’.
(2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended bystriking ‘‘the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerceof the House of Representatives or any subcommittee of suchcommittee,’’ and insert ‘‘either of the appropriate Congressional
committees or any subcommittee thereof,’’.
(3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 2058(a),(c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are eachamended by striking ‘‘the Committee on Commerce, Science,

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00060

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3075

and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives’’ each place
it appears and inserting ‘‘the appropriate Congressional
committees’’.
(4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is amended bystriking ‘‘the Committee on Energy and Commerce of the Houseof Representatives, and by the Committee on Commerce,
Science, and Transportation of the Senate.’’ and inserting ‘‘theappropriate Congressional committees.’’.
(5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended bystriking ‘‘the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy andCommerce of the House of Representatives’’ and insert ‘‘theappropriate Congressional committees’’.
(6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15
U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), respectively) are each amended by striking ‘‘the Congress’’ andinserting ‘‘the appropriate Congressional committees’’.
(7) Section 29(e) (15 U.S.C. 2078(e)) is amended by striking‘‘The Commission’’ and inserting ‘‘Notwithstanding section
6(a)(3), the Commission’’.

15 USC 2081.

dkrause on GSDDPC44 with PUBLIC LAWS

SEC. 236. EXPEDITED JUDICIAL REVIEW.

(a) IN GENERAL.—Section 11 (15 U.S.C. 2060) is amended byadding at the end thereof the following:‘‘(g) EXPEDITED JUDICIAL REVIEW.—‘‘(1) APPLICATION.—This subsection applies, in lieu of thepreceding subsections of this section, to judicial review of—‘‘(A) any consumer product safety rule promulgatedby the Commission pursuant to section 15(j) (relating to
identification of substantial hazards);‘‘(B) any consumer product safety standard promulgated by the Commission pursuant to section 42 (relating
to all-terrain vehicles);‘‘(C) any standard promulgated by the Commission
under section 104 of the Consumer Product Safety Improvement Act of 2008 (relating to durable infant and toddler
products); and‘‘(D) any consumer product safety standard promulgated by the Commission under section 106 of the Consumer Product Safety Improvement Act of 2008 (relating
to mandatory toy safety standards).
‘‘(2) IN GENERAL.—Not later than 60 days after the
promulgation, by the Commission, of a rule or standard towhich this subsection applies, any person adversely affectedby such rule or standard may file a petition with the UnitedStates Court of Appeals for the District of Columbia Circuit
for judicial review of such rule. Copies of the petition shallbe forthwith transmitted by the clerk of the court to theCommission or other officer designated by it for that purpose
and to the Attorney General. The record of the proceedingson which the Commission based its rule shall be filed in the
court as provided for in section 2112 of title 28, United StatesCode.
‘‘(3) REVIEW.—Upon the filing of the petition under paragraph (2) of this subsection, the court shall have jurisdiction
to review the rule in accordance with chapter 7 of title 5,

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00061

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

Deadlines.
Records.

APPS10

PsN: PUBL314

122 STAT. 3076

15 USC 2060
note.

PUBLIC LAW 110–314—AUG. 14, 2008

United States Code, and to grant appropriate relief, includinginterim relief, as provided in such chapter.
‘‘(4) CONCLUSIVENESS OF JUDGMENT.—The judgment of thecourt affirming or setting aside, in whole or in part, any final
rule under this section shall be final, subject to review by
the Supreme Court of the United States upon certiorari or
certification, as provided in section 1254 of title 28, UnitedStates Code.
‘‘(5) FURTHER REVIEW.—A rule or standard with respect
to which this subsection applies shall not be subject to judicial
review in proceedings under section 17 (relating to imported
products) or in civil or criminal proceedings for enforcement.’’.
(b) PENDING ACTIONS UNAFFECTED.—The amendment made bysubsection (a) shall not apply to any petition filed before the dateof enactment of this Act for judicial review of any action by theConsumer Product Safety Commission.
SEC. 237. REPEAL.

Section 30 (15 U.S.C. 2079) is amended by striking subsection(d).
SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS.

15 USC 8002.

15 USC 8003.
Notification.
Deadline.

15 USC 8008.

Title XIV of the Energy Independence and Security Act of2007 (Public Law 110–140) is amended—(1) in section 1403 by adding at the end the following:‘‘(8) STATE.—The term ‘State’ has the meaning given suchterm in section 3(10) of the Consumer Product Safety Act(15 U.S.C. 2052(10)), and includes the Northern Mariana
Islands.’’.
(2) in section 1404 by adding at the end of subsection(b) the following: ‘‘If a successor standard is proposed, theAmerican Society of Mechanical Engineers shall notify theCommission of the proposed revision. If the Commission determines that the proposed revision is in the public interest,
it shall incorporate the revision into the standard after providing 30 days notice to the public.’’; and(3) by adding at the end the following:‘‘SEC. 1409. APPLICABILITY.

‘‘This Act is applicable to the United States and its territories,
including American Samoa, the Commonwealth of Puerto Rico,
Guam, the Commonwealth of the Northern Mariana Islands, andthe United States Virgin Islands.’’.
SEC. 239. EFFECTIVE DATES AND SEVERABILITY.

dkrause on GSDDPC44 with PUBLIC LAWS

15 USC 2051
note.

15 USC 2051
note.

VerDate Aug 31 2005

12:46 Aug 26, 2008(a) EFFECTIVE DATES.—(1) IN GENERAL.—Except as otherwise specifically provided
in this Act, this Act and the amendments made by this Act
shall take effect on the date of enactment of this Act.
(2) CERTAIN DELAYED EFFECTIVE DATES.—The amendments
made by sections 103(c) and 214(a)(2) shall take effect on thedate that is 60 days after the date of enactment of this Act.
Subsection (c) of section 42 of the Consumer Product Safety
Act, as added by section 232 of this Act, and the amendments
made by sections 216 and 223(b) shall take effect on the datethat is 30 days after the date of enactment of this Act.
(b) SEVERABILITY.—If any provision of this Act or the amendments made by this Act, or the application of such provision to

Jkt 069139

PO 00314

Frm 00062

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314

PUBLIC LAW 110–314—AUG. 14, 2008

122 STAT. 3077

any person or circumstance, is held invalid, the remainder of thisAct and the amendments made by this Act, and the applicationof such provision to other persons not similarly situated or toother circumstances, shall not be affected by such invalidation.
Approved August 14, 2008.

dkrause on GSDDPC44 with PUBLIC LAWSLEGISLATIVE HISTORY—H.R. 4040 (S. 2045) (S. 2663):
HOUSE REPORTS: Nos. 110–501 (Comm. on Energy and Commerce) and 110–787(Comm. of Conference).
SENATE REPORTS: No. 110–265 accompanying S. 2045 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 153 (2007): Dec. 19, considered and passed House.
Vol. 154 (2008): Mar. 6, considered and passed Senate, amended, in lieu of
S. 2663.
July 30, House agreed to conference report.
July 31, Senate agreed to conference report.

Æ

VerDate Aug 31 2005

12:46 Aug 26, 2008

Jkt 069139

PO 00314

Frm 00063

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL314.110

APPS10

PsN: PUBL314