PUBLIC LAW 110–314—AUG. 14, 2008 

CONSUMER PRODUCT SAFETY 

IMPROVEMENT ACT OF 2008 


dkrause on GSDDPC44 with PUBLIC LAWS
122 STAT. 3016 PUBLIC LAW 110–314—AUG. 14, 2008 

Public Law 110–314 

110th Congress 

An Act 

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 to 

consumer products. 

Sec. 108. Prohibition on sale of certain products containing specified phthalates. 

TITLE II—CONSUMER PRODUCT SAFETY COMMISSION REFORM 

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. 

Consumer 

Product Safety 

Improvement Act 

of 2008. 

Commerce and 

trade. 

15 USC 2051 

note. 

Aug. 14, 2008 

[H.R. 4040] 


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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, and 

Transportation 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 is 

expressed as an amendment to a section or other provision, the 

reference shall be considered to be made to a section or other 

provision of the Consumer Product Safety Act (15 U.S.C. 2051 

et seq.). 

SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS. 

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

TITLE I—CHILDREN’S PRODUCT SAFETY 

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 the 

limit 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 in 

subparagraphs (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 by 

subparagraphs (C), (D), and (E), beginning on the date 

Effective dates. 

15 USC 1278a. 

15 USC 2051 

note. 

15 USC 2051 

note. 


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122 STAT. 3018 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 of 

the product. 

(C) 100 PARTS PER MILLION.—Except as provided in 

subparagraphs (D) and (E), beginning on the date that 

is 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 not 

technologically feasible for a product or product category. 

The Commission may make such a determination only 

after notice and a hearing and after analyzing the public 

health 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 product 

or 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 established 

by the Commission under the preceding sentence shall 

be substituted for the 300 parts per million limit under 

subparagraph (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 scientific 

and technical information, periodically review and revise 

downward the limit set forth in this subsection, no less 

frequently than every 5 years after promulgation of the 

limit 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 established 

by the Commission under the preceding sentence shall 

be 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 from 

the 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 such 

product 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 health 

or safety. 

(2) EXCEPTION FOR INACCESSIBLE COMPONENT PARTS.— 

(A) IN GENERAL.—The limits established under subsection (a) shall not apply to any component part of a 

children’s product that is not accessible to a child through 

Applicability. 


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normal and reasonably foreseeable use and abuse of such 

product, as determined by the Commission. A component 

part is not accessible under this subparagraph if such 

component part is not physically exposed by reason of 

a 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 shall 

promulgate a rule providing guidance with respect to what 

product components, or classes of components, will be 

considered 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 with 

the requirements laid out in subparagraph (A) for considering a component to be inaccessible to a child. 

(3) CERTAIN BARRIERS DISQUALIFIED.—For purposes of this 

subsection, paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrate 

inaccessible 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, to 

comply with subsection (a), the Commission, by regulation, 

shall— 

(A) issue requirements to eliminate or minimize the 

potential for exposure to and accessibility of lead in such 

electronic devices, which may include requirements that 

such electronic devices be equipped with a child-resistant 

cover or casing that prevents exposure to and accessibility 

of 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 full 

compliance will not be technologically feasible for such 

devices 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 amount 

of 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 (or 

any section of the Consumer Product Safety Act or any other 

Act enforced by the Commission, as such Acts are affected by 

this section) is inconsistent with the ASTM F963 standard, such 

Deadline. 

Requirements. 

Deadline. 


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122 STAT. 3020 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 this 

section, 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 commercially 

available in the product category; 

(2) technology to comply with the limit is commercially 

available to manufacturers or is otherwise available within 

the common meaning of the term; 

(3) industrial strategies or devices have been developed 

that 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 operational 

changes would allow the manufacturer to comply with the 

limit. 

(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 from 

any 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 this 

section nor shall it stay general enforcement of the requirements 

of 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 date 

on which the Commission modifies the regulations pursuant 

to paragraph (1), review the limit for lead in paint set forth 

in section 1303.1 of title 16, Code of Federal Regulations (as 

revised by paragraph (1)), and shall by regulation revise downward the limit to require the lowest amount of lead that the 

Commission determines is technologically feasible to achieve. 

(3) METHODS FOR SCREENING LEAD IN SMALL PAINTED

AREAS.—In order to provide for effective and efficient enforcement of the limit set forth in section 1303.1 of title 16, Code 

of 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 paint 

or surface coating covers no more than 1 square centimeter 

of the surface area of such products. Such alternative methods 

for measurement shall not permit more than 2 micrograms 

of lead in a total weight of 10 milligrams or less of paint 

or other surface coating or in a surface area of 1 square centimeter or less. 

Deadline. 

Effective date. 


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(4) ALTERNATIVE METHODS OF MEASURING LEAD IN PAINT

GENERALLY.— (A) STUDY.—Not later than 1 year after the date of 

enactment of this Act, the Commission shall complete a 

study to evaluate the effectiveness, precision, and reliability 

of 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 compliance 

determinations prior to the date of enactment of this Act, 

the Commission may promulgate regulations governing the 

use 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 that 

such alternative methods are no less effective, precise, and 

reliable 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 promulgated 

under paragraph (4) to ensure that such methods are the most 

effective methods available to protect children’s health. The 

Commission shall conduct an ongoing effort to study and 

encourage the further development of alternative methods for 

measuring lead in paint and other surface coating that can 

effectively, 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 method 

of measurement pursuant to such paragraph, nor any rule 

prescribed 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 as 

a 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, Code 

of Federal Regulations (as modified pursuant to subsection (f)(1) 

or (2)), or any successor regulation, shall be considered a regulation 

of the Commission promulgated under or for the enforcement of 

Deadline. 

Deadline. 


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122 STAT. 3022 PUBLIC LAW 110–314—AUG. 14, 2008 

section 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 product 

which is subject to a consumer product safety rule under this 

Act 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 or 

upon 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 by 

subparagraph (A) shall take effect 90 days after the date 

of 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 the 

dates 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 product 

bears a private label) shall— 

‘‘(A) submit sufficient samples of the children’s product, 

or samples that are identical in all material respects to 

the product, to a third party conformity assessment body 

accredited under paragraph (3) to be tested for compliance 

with such children’s product safety rule; and 

‘‘(B) based on such testing, issue a certificate that 

certifies that such children’s product complies with the 

children’s product safety rule based on the assessment 

of 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 compliance 

with all applicable children’s product safety rules, in which 

case each such rule shall be specified. 

‘‘(3) SCHEDULE FOR IMPLEMENTATION OF THIRD PARTY

TESTING.— 

‘‘(A) GENERAL APPLICATION.—Except as provided under 

subparagraph (F), the requirements of paragraph (2) shall 

Notice. 

Certification. 

15 USC 2063 

note. 


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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 of 

the requirements for accreditation of third party conformity assessment bodies to assess conformity with 

parts 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 for 

accreditation of third party conformity assessment 

bodies to assess conformity with the requirements of 

section 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 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 

parts 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 the 

requirements for accreditation of third party conformity assessment bodies to assess conformity with 

other 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 of 

children’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 

Deadlines. 

Notices. 


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122 STAT. 3024 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 the 

requirements 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 that 

an 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)’’ and 

inserting ‘‘requirement under paragraph (1), (2), or (3)’’. 

(b) ADDITIONAL REQUIREMENTS; DEFINITIONS.—Section 14 (15 

U.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 of 

enactment 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 accreditation 

of 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 by 

regulation— 

‘‘(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 product 

safety rule is subject to testing periodically and when 

there has been a material change in the product’s 

design or manufacturing process, including the 

sourcing of component parts; 

Protocols. 

Standards. 

Deadlines. 

Termination 

date. 

Web site. 

Records. 


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‘‘(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 with 

applicable children’s product safety rules; and 

‘‘(iv) for safeguarding against the exercise of undue 

influence on a third party conformity assessment body 

by 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 the 

accreditation 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 accreditation 

of the conformity assessment body on a permanent 

or 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 body 

that, except as provided in subparagraph (D), is not owned, 

managed, or controlled by the manufacturer or private 


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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 not 

owned 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 than 

those 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 matters 

affecting 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 MATERIALS

AND PRODUCTS.—A certifying organization (as defined in 

appendix A to section 1500.14(b)(8) of title 16, Code of 

Federal 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 the 

Federal 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 order 

finds 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 or 

other interested party; 

‘‘(II) the Commission is notified immediately 

of 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 be 

reported confidentially to the Commission. 

‘‘(g) REQUIREMENTS FOR CERTIFICATES.— 


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‘‘(1) IDENTIFICATION OF ISSUER AND CONFORMITY ASSESSMENT BODY.—Every certificate required under this section shall 

identify 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 date 

and 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 of 

test results. 

‘‘(2) ENGLISH LANGUAGE.—Every certificate required under 

this section shall be legible and all content required by this 

section 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 applicable 

product 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 IMPORTED

PRODUCTS.—In consultation with the Commissioner of Customs, 

the Commission may, by rule, provide for the electronic filing 

of certificates under this section up to 24 hours before arrival 

of 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 requirement 

that 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 are 

in effect on the date of enactment of this Act, but shall ensure 

that the protocols, standards, and requirements prescribed under 

such 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 to 

consumer product safety standards under this Act’’ and 

inserting ‘‘any product which is subject to a consumer product 

safety 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 ‘‘, unless 

the Commission, by rule, requires testing by an independent 

15 USC 2063 

note. 

Records. 


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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. 

(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 the 

end the following: 

‘‘(5) Effective 1 year after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the manufacturer 

of a children’s product shall place permanent, distinguishing marks 

on the product and its packaging, to the extent practicable, that 

will enable— 

‘‘(A) the manufacturer to ascertain the location and date 

of production of the product, cohort information (including the 

batch, run number, or other identifying characteristic), and 

any 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, or 

other 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 REPRESENTA- TION.—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, United 

States Code, promulgate consumer product safety standards that— 

(i) are substantially the same as such voluntary 

standards; 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 

Deadlines. 

Danny Keysar 

Child Product 

Safety 

Notification Act. 

15 USC 2056a. 

Effective date. 


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commence the rulemaking required under paragraph (1) and 

shall promulgate standards for no fewer than 2 categories of 

durable 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 that 

such standards provide the highest level of safety for such 

products that is feasible. 

(3) JUDICIAL REVIEW.—Any person adversely affected by 

such 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 for 

use, or otherwise place in the stream of commerce a crib that 

is 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, including 

child 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 of 

commerce; 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 the 

Federal 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 of 

chapter 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 a 

final consumer product safety rule to require each manufacturer 

of 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 

Deadline. 


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manufacturer in order to improve the effectiveness of 

manufacturer campaigns to recall such products; and 

(C) to permanently place the manufacturer name and 

contact information, model name and number, and the 

date 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-mail 

address; 

(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 and 

number for the product, and the date of manufacture; 

(E) include a message explaining the purpose of the 

registration and designed to encourage consumers to complete the registration; 

(F) include an option for consumers to register through 

the Internet; and 

(G) include a statement that information provided by 

the consumer shall not be used for any purpose other 

than 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 maintain 

a 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 information 

collected by a manufacturer under this Act may not be used 

by 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 such 

time as it considers appropriate on the effectiveness of the 

consumer 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.— 

Deadline. 

Reports. 


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(1) TECHNOLOGY ASSESSMENT AND REPORT.—The Commission shall— 

(A) beginning 2 years after a rule is promulgated under 

subsection (d), regularly review recall notification technology and assess the effectiveness of such technology in 

facilitating recalls of durable infant or toddler products; 

and 

(B) not later than 3 years after the date of enactment 

of 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 required 

by paragraph (1), the Commission determines by rule that 

a 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 such 

registration 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. 

SEC. 105. LABELING REQUIREMENT FOR ADVERTISING TOYS AND 

GAMES. 

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 by 

a retailer, manufacturer, importer, distributor, or private 

labeler (including advertisements on Internet websites or 

in catalogues or other printed materials) that provides 

a direct means for the purchase or order of a product 

Effective date. 

Review. 


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for which a cautionary statement is required under subsection (a) or (b) shall include the appropriate cautionary 

statement displayed on or immediately adjacent to that 

advertisement, as modified by regulations issued under 

paragraph (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 retailer 

of any cautionary statement requirement applicable 

to the product. 

‘‘(ii) RETAILER’S REQUIREMENT TO INQUIRE.—A 

retailer is not in violation of subparagraph (A) if the 

retailer 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 the 

advertisement and the manufacturer, importer, distributor, or private labeler provided false information 

or did not provide such information. 

‘‘(C) DISPLAY.—The cautionary statement required by 

subparagraph (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 (15 

U.S.C. 2052). 

‘‘(ii) The term ‘retailer’ has the meaning given 

that 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 not 

constitute 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 of 

chapter 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, under 

such 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 shall 

Deadlines. 


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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 other 

printed 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).’’. 

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 or 

incorporates an existing mandatory standard or ban promulgated 

by 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 date 

of enactment of this Act, the Commission, in consultation with 

representatives 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 the 

ingestion 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 the 

Commission determines that more stringent standards 

would further reduce the risk of injury of such toys. 

(c) PERIODIC REVIEW.—The Commission shall periodically 

review and revise the rules set forth under this section to ensure 

that such rules provide the highest level of safety for such products 

that is feasible. 

Deadline. 

Deadline. 

Effective date. 

15 USC 2056b. 


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(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 product 

engineers and experts, examine and assess the effectiveness 

of 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 of 

such 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 the 

Commission determines that more stringent standards 

would further reduce the risk of injury associated with 

such 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 shall 

be 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 the 

Commission of the revision unless, within 90 days after receiving 

that notice, the Commission notifies ASTM International that it 

has determined that the proposed revision does not improve the 

safety of the consumer product covered by the standard. If the 

Commission 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, the 

Commission shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from the 

provisions 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 in 

such application and which is designed to protect against a 

risk of injury associated with a children’s product subject to 

the 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— 

Effective dates. 

Notification. 

Regulations. 

Regulations. 


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(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, the 

Commission shall consider and make appropriate (as determined by the Commission in its discretion) findings on the 

technological and economic feasibility of complying with such 

standard or regulation, the cost of complying with such 

standard 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 political 

subdivision of a State from continuing in effect a safety requirement applicable to a toy or other children’s product that is 

designed to deal with the same risk of injury as the consumer 

product safety standards established by this section and that 

is in effect on the day before the date of enactment of this 

Act, if such State or political subdivision has filed such requirement with the Commission within 90 days after the date of 

enactment of this Act, in such form and in such manner as 

the Commission may require. 

(i) JUDICIAL REVIEW.—The issuance of any rule under this 

section is subject to judicial review as provided in section 11(g) 

of the Consumer Product Safety Act (15 U.S.C. 2060(g)), as added 

by section 236 of this Act. 

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 of 

enactment of this Act, the Comptroller General shall initiate a 

study, 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 children 

of minority populations, including Black, Hispanic, American 

Indian, Alaska Native, Native Hawaiian, and Asian/Pacific Islander 

children 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 associated 

with 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 enactment 

of this Act, the Comptroller General shall report the findings to 

the appropriate Congressional committees. The report shall 

include— 

(1) the Comptroller General’s findings on the incidence 

of preventable risks of injuries and deaths among children 

Deadline. 

Deadline. 


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of minority populations and recommendations for minimizing 

such risks; 

(2) recommendations for public outreach, awareness, and 

prevention campaigns specifically aimed at racial minority 

populations; and 

(3) recommendations for education initiatives that may 

reduce statistical disparities. 

SEC. 108. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING 

SPECIFIED PHTHALATES. 

(a) PROHIBITION ON THE SALE OF CERTAIN PRODUCTS CON- TAINING PHTHALATES.—Beginning on the date that is 180 days 

after the date of enactment of this Act, 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 

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 child 

care 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 shall 

begin 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 the 

effects 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 are 

used in products for children and shall— 

(i) examine all of the potential health effects 

(including endocrine disrupting effects) of the full range 

of phthalates; 

(ii) consider the potential health effects of each 

of 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 and 

foreseeable use and abuse of such products; 

(iv) consider the cumulative effect of total exposure 

to phthalates, both from children’s products and from 

other sources, such as personal care products; 

(v) review all relevant data, including the most 

recent, best-available, peer-reviewed, scientific studies 

Deadlines. 

Effective date. 

Effective date. 

15 USC 2057c. 


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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 of 

phthalate alternatives used in children’s toys and child 

care articles. 

The panel’s examinations pursuant to this paragraph shall 

be conducted de novo. The findings and conclusions of 

any 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 completing 

its 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 the 

panel 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 order 

to ensure a reasonable certainty of no harm to children, 

pregnant women, or other susceptible individuals with an 

adequate margin of safety; and 

(B) evaluate the findings and recommendations of the 

Chronic 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 rule 

promulgated 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 (15 

U.S.C. 2051 et seq.) shall be construed to preempt or otherwise 

Deadline. 


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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 to 

a phthalate, or alternative plasticizer. 

(B) The term ‘‘children’s toy’’ means a consumer 

product designed or intended by the manufacturer for a 

child 12 years of age or younger for use by the child 

when 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 described 

in paragraph (1) are designed or intended for use by a 

child of the ages specified, the following factors shall be 

considered: 

(i) A statement by a manufacturer about the 

intended use of such product, including a label on 

such 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 recognized 

by consumers as being intended for use by a child 

of 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 a 

child’s mouth if any part of the toy can actually be brought 

to the mouth and kept in the mouth by a child so that 

it can be sucked and chewed. If the children’s product 

can only be licked, it is not regarded as able to be placed 

in the mouth. If a toy or part of a toy in one dimension 

is smaller than 5 centimeters, it can be placed in the 

mouth. 

TITLE II—CONSUMER PRODUCT SAFETY 

COMMISSION REFORM 

Subtitle A—Administrative Improvements 

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.— 


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PUBLIC LAW 110–314—AUG. 14, 2008 122 STAT. 3039 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to the Commission for the purpose of carrying out the provisions 

of 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 appropriated 

pursuant 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 used 

by the Commission for such purposes in lieu of acceptance 

of 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’s 

or 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 the 

funding 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 for 

training product safety inspectors and technical staff employed 

by the Commission; 

(3) efforts and policies of the Commission to encourage 

Commission 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, such 

as thrift shops and yard sales, concerning consumer product 

safety rules and product recalls, especially those relating to 

durable nursery products, in order to prevent the resale of 

any 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.—’’. 

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

(a) TEMPORARY QUORUM.—Notwithstanding section 4(d) of the 

Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of 

the Commission, if they are not affiliated with the same political 

party, shall constitute a quorum for the transaction of business 

15 USC 2053 

note. 


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122 STAT. 3040 PUBLIC LAW 110–314—AUG. 14, 2008 

for the 1 year period beginning on the date of enactment of this 

Act. 

(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 ‘‘CONSUMER

PRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES’’ (15 

U.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 availability 

of appropriations. 

(2) PORTS OF ENTRY; OVERSEAS INSPECTORS.—As part of 

the 500 full-time employees required by paragraph (1), the 

Commission 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. 

(a) IN GENERAL.—Notwithstanding any rule, regulation, or 

order to the contrary, the Commission shall comply with the requirements of section 27(k) of the Consumer Product Safety Act (15 

U.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’’. 

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) and 

inserting ‘‘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 product 

involved,’’ in the third sentence of subsection (c) and 

inserting ‘‘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 a 

proposed consumer product safety standard.’’. 

15 USC 2076 

note. 

Deadline. 

15 USC 2053 

note. 


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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 the 

Commission such action will promote the objectives of this 

Act 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 of 

section 2(f)(1)(A). 

‘‘(2) PROCEDURE.—Proceedings for the issuance, amendment, or repeal of regulations under this subsection and the 

admissibility 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 of 

this 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) and 

inserting ‘‘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), and 

inserting ‘‘appropriate Congressional committees. Nothing 

in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a 

proposed 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 and 

inserting ‘‘Commission’’ except— 

(i) in section 10(b) (15 U.S.C. 1269(b)); 

(ii) in section 14 (15 U.S.C. 1273); and 


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122 STAT. 3042 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, and 

Welfare’’ each place it appears in section 10(b) (15 U.S.C. 

1269(b)) and inserting ‘‘Commission’’; 

(F) by striking ‘‘Secretary of Health, Education, and 

Welfare’’ each place it appears in section 14 (15 U.S.C. 

1273) and inserting ‘‘Commission’’; 

(G) by striking ‘‘Department of Health, Education, and 

Welfare’’ 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), and 

inserting ‘‘appropriate Congressional committees. Nothing 

in this subsection shall preclude any person from submitting an existing standard or portion of a standard as a 

proposed 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 and 

inserting ‘‘Commission’’, except in sections 9 and 14 (15 

U.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’’; 

15 USC 1202. 

15 USC 1193. 

15 USC 1193, 

1204. 

15 USC 1193, 

1201. 

15 USC 1263 

et al. 

15 USC 1261, 

1262, 1273. 

15 USC 1263, 

1270, 1272. 


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(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 standard 

or other regulation for a fabric, related material, or product in 

effect 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’’. 

SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS. 

(a) IMPROVEMENTS BY THE COMMISSION.—The Inspector General 

of 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 the 

Consumer Product Safety Act, as added by section 212 of this 

Act; 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 required 

by such section. 

(b) EMPLOYEE COMPLAINTS.—Within 1 year after the date of 

enactment of this Act, the Inspector General shall conduct a review 

of— 

(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 or 

otherwise carry out their responsibilities under such Acts if 

such alleged failures raise issues of conflicts of interest, ethical 

violations, or the absence of good faith; and 

(2) actions taken by the Commission to address such failures and complaints, including an assessment of the timeliness 

and effectiveness of such actions. 

(c) PUBLIC INTERNET WEBSITE LINKS.—Not later than 30 days 

after the date of enactment of this Act, the Commission shall 

establish 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 Office 

of Inspector General by which individuals may anonymously 

report cases of waste, fraud, or abuse with respect to the 

Commission. 

(d) REPORTS.— 

(1) ACTIVITIES AND NEEDS OF INSPECTOR GENERAL.—Not 

later than 60 days after the date of enactment of this Act, 

the Inspector General of the Commission shall transmit a report 

to the appropriate Congressional committees on the activities 

of the Inspector General, any structural barriers which prevent 

the Inspector General from providing robust oversight of the 

activities of the Commission, and any additional authority or 

resources that would facilitate more effective oversight. 

Deadline. 

Web site. 

Deadline. 

Reviews. 

Reviews. 

15 USC 2076b. 


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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 

of the Commission shall include in an annual report to the 

appropriate Congressional committees the Inspector General’s 

findings, 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: 

‘‘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 employee 

of 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 of 

a 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 the 

performance 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 the 

following: 

‘‘Sec. 39. Prohibition on industry-sponsored travel.’’. 

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 the 

requirements of subsections (a)(3) and (b) of section 6, relating 

to public disclosure of information, the Commission may make 

information obtained by the Commission available to any Federal, State, local, or foreign government agency upon the prior 

certification 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 such 

material 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 to 

practices prohibited by any law administered by the 

Commission; 

15 USC 2086. 

Effective date. 


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‘‘(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 the 

government of the United States and the foreign law 

enforcement agency’s government; and 

‘‘(C) in the case of a foreign government agency, such 

agency is not from a foreign state that the Secretary of 

State 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 determination 

is 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 with 

another agency if the Commission determines that the other 

agency has failed to maintain in confidence any information 

provided under such agreement or memorandum of understanding, or has used any such information for purposes other 

than those set forth in such agreement or memorandum of 

understanding. 

‘‘(3) ADDITIONAL RULES AGAINST DISCLOSURE.—Except as 

provided 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 foreign 

source 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 sponsored 

in part by foreign government agencies. 

‘‘(4) LIMITATION.—Nothing in this subsection authorizes the 

Commission to withhold information from the Congress or prevent the Commission from complying with an order of a court 

of the United States in an action commenced by the United 

States 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 is 

vested with law enforcement or investigative authority in 

civil, criminal, or administrative matters; and 


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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 selling 

a 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.’’. 

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 4 

of 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 work 

on 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 reciprocal 

arrangements 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.) and 

the provisions of chapter 11 of title 18, United States Code; 

and 

(3) any other statute or regulation governing the conduct 

of Federal employees. 

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 (31 

U.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 of 

voluntary corrective actions taken by manufacturers in consultation with the Commission of which the Commission has 

notified the public, and an assessment of such orders and 

actions; 

‘‘(6) beginning not later than 1 year after the date of 

enactment of the Consumer Product Safety Improvement Act 

of 2008— 

15 USC 2053a. 


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‘‘(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 product 

with 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. 

Subtitle B—Enhanced Enforcement 

Authority 

SEC. 211. PUBLIC DISCLOSURE OF INFORMATION. 

Section 6 (15 U.S.C. 2055) is amended— 

(1) by inserting ‘‘A manufacturer or private labeler shall 

submit any such mark within 15 calendar days after the date 

on 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 the 

Federal 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 public 

health and safety requires expedited consideration of an 

action 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 the 

greatest extent practicable; and 

‘‘(iv) grant or deny the requested injunction within 

30 days after the date on which the Commission’s 

request was filed with the court.’’; 

Deadline. 

Deadline. 

15 USC 2076 

note. 


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(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) and 

inserting ‘‘disclosure; or’’; 

(12) by inserting in subsection (b)(5) after subparagraph 

(C) the following: 

‘‘(D) the Commission publishes a finding that the public 

health 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 provision 

of any other Act enforced by the Commission,’’. 

SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY 

DATABASE. 

(a) IN GENERAL.—The Act is amended by inserting after section 

6 (15 U.S.C. 2055) the following: 

‘‘SEC. 6A. PUBLICLY AVAILABLE CONSUMER PRODUCT SAFETY 

INFORMATION DATABASE. 

‘‘(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 the 

Commission. 

‘‘(2) SUBMISSION OF DETAILED IMPLEMENTATION PLAN TO

CONGRESS.—Not later than 180 days after the date of enactment 

of 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 for 

the operation, content, maintenance, and functionality of the 

database. 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 for 

the database, and plans for a public awareness campaign to 

be 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 the 

plan 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: 

Deadline. 

Deadline. 

Web site. 

15 USC 2055a. 


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‘‘(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 from 

notice 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 under 

subsection (c)(2)(A) to the extent requested under subsection (c)(2)(B). 

‘‘(2) SUBMISSION OF INFORMATION.—In implementing the 

database, the Commission shall establish the following: 

‘‘(A) Electronic, telephonic, and paper-based means of 

submitting, for inclusion in the database, reports described 

in paragraph (1)(A) of this subsection. 

‘‘(B) A requirement that any report described in paragraph (1)(A) submitted for inclusion in such database 

include, at a minimum— 

‘‘(i) a description of the consumer product (or other 

product 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 the 

use 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 the 

information that the information submitted is true and 

accurate to the best of the person’s knowledge and 

that 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 be 

in the public interest. 

‘‘(4) ORGANIZATION OF DATABASE.—The Commission shall 

categorize the information available on the database in a 

manner consistent with the public interest and in such manner 

as it determines to facilitate easy use by consumers and shall 

ensure, to the extent practicable, that the database is sortable 

and accessible by— 

‘‘(A) the date on which information is submitted for 

inclusion in the database; 

‘‘(B) the name of the consumer product (or other 

product or substance regulated by the Commission); 

‘‘(C) the model name; 


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‘‘(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 database 

that 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 product 

with the express written consent of the person submitting the 

information. 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 the 

Commission 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 the 

report, 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 a 

report 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 such 

report. 

‘‘(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 a 

report received under paragraph (1) to a manufacturer 

or private labeler, the manufacturer or private labeler 

may review the report for confidential information and 

request that portions of the report identified as confidential be so designated. 

‘‘(ii) REDACTION.—If the Commission determines 

that 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, the 

Commission shall redact the designated information 

in the report before it is placed in the database. 

‘‘(iii) REVIEW.—If the Commission determines that 

the designated information is not confidential under 

clause (ii), the Commission shall notify the manufacturer or private labeler and include the information 

in the database. The manufacturer or private labeler 

may bring an action in the district court of the United 

States in the district in which the complainant resides, 


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or has its principal place of business, or in the United 

States District Court for the District of Columbia, to 

seek 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 report 

under 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 under 

paragraph (2)(B) of this subsection, the Commission shall 

make such comment available in the database at the same 

time 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 described 

in subsection (b)(1)(A) or a comment described in paragraph 

(2) of this subsection available in the database, the 

Commission determines that the information in such report 

or comment is materially inaccurate, the Commission 

shall— 

‘‘(i) decline to add the materially inaccurate 

information to the database; 

‘‘(ii) correct the materially inaccurate information 

in 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 the 

Commission 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 the 

appropriate Congressional committees an annual report on the database, including— 

‘‘(1) the operation, content, maintenance, functionality, and 

cost 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, the 

Comptroller General shall submit a report to the appropriate 

Congressional committees containing— 

‘‘(1) an analysis of the general utility of the database, 

including— 

Deadline. 

Reports. 

Deadline. 


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‘‘(A) an assessment of the extent of use of the database 

by consumers, including whether the database is accessed 

by 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 the 

database by consumers and to ensure use by a broad range 

of the public. 

‘‘(f) APPLICATION OF CERTAIN NOTICE AND DISCLOSURE REQUIRE- MENTS.— 

‘‘(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 and 

improve 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 or 

similar 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’’. 

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 or 

a similar rule, regulation, standard, or ban under any other 

Act 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 product 

or substance over which the Commission has jurisdiction 

15 USC 2053 

note. 


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under any other Act enforced by the Commission (other 

than 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 enforced 

by 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, to 

cease immediately distribution of the product. 

‘‘(C) To notify appropriate State and local public health 

officials.’’; 

(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 such 

manufacturer, retailer, distributor, or licensor has placed 

the product for sale, and announcements in languages other 

than English and on radio and television where the 

Commission determines that a substantial number of consumers to whom the recall is directed may not be reached 

by 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’’; and 

Notification. 

Notification. 


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(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’’ and 

inserting: 

‘‘(2) An order under this subsection shall’’; 

(9) by striking ‘‘satisfactory to the Commission,’’ and 

inserting ‘‘for approval by the Commission,’’; 

(10) by striking ‘‘paragraphs of this subsection under which 

such 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 shall 

indicate its approval in writing. 

‘‘(B) If the Commission finds that an approved action plan 

is not effective or appropriate under the circumstances, or that 

the manufacturer, retailer, or distributor is not executing an 

approved 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 the 

circumstances, 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 


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action plan relates after receipt of notice of a revocation of the 

action 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 date 

of 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 such 

product); 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 or 

more 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 with 

respect 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 the 

Commission received information about such injuries or 

deaths. 

‘‘(H) A description of— 

‘‘(i) any remedy available to a consumer; 

‘‘(ii) any action a consumer must take to obtain 

a remedy; and 

‘‘(iii) any information a consumer needs in order 

to 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.’’. 

Deadline. 


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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) IDENTIFICATION OF MANUFACTURERS, IMPORTERS, 

RETAILERS, AND DISTRIBUTORS.—Section 16 (15 U.S.C. 2065) is further amended by adding at the end thereof the following: 

‘‘(c) IDENTIFICATION OF MANUFACTURERS, 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 such 

other identifying information as the officer or employee may 

request, to the extent that such information is known or can 

be 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 other 

product 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. 

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 the 

following: 

‘‘(1) sell, offer for sale, manufacture for sale, distribute 

in 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, that 

is 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, distribute 

in commerce, or import into the United States any consumer 

product, or other product or substance that is— 


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‘‘(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 should 

have 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 meaning 

of 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 rule 

or 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 should 

have 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 the 

Commission 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 an 

investigation under this Act or any other Act enforced by the 

Commission; or 

‘‘(14) exercise, or attempt to exercise, undue influence on 

a third party conformity assessment body (as defined in section 

14(f)(2)) with respect to the testing, or reporting of the results 

of 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 regulated 

by 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 substance 

within 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 taken 

by the manufacturer, in consultation with the Commission, 

of which action the Commission has notified the public; 

or 


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‘‘(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 this 

Act or any other Act enforced by the Commission, or is accompanied by a false certificate, if the manufacturer in the exercise 

of 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. 

(a) MAXIMUM CIVIL PENALTIES OF THE CONSUMER PRODUCT

SAFETY 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) by striking ‘‘$1,250,000’’ and inserting 

‘‘$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 of 

the 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 PRODUCT

SAFETY COMMISSION.— 

(1) FACTORS TO BE CONSIDERED.— 

(A) CONSUMER PRODUCT SAFETY ACT.—Section 20 (15 

U.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’’ and 

inserting ‘‘products distributed,’’ ; and 

(III) by inserting ‘‘, including how to mitigate 

undue adverse economic impacts on small 

15 USC 1194 

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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, and 

gravity 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, and 

gravity 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’’ and 

inserting ‘‘nature, circumstances, extent, and 

gravity’’; 

(II) by striking ‘‘absence of injury, and’’ and 

inserting ‘‘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’’ and 

inserting ‘‘nature, circumstances, extent, and 

gravity’’; 

(II) by striking ‘‘absence of injury, and’’ and 

inserting ‘‘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 with 

the 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. 

Deadline. 

Regulations. 

15 USC 2069 

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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, United 

States 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 corporation 

from 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.’’ and 

inserting ‘‘5 years, a fine determined under section 3571 of 

title 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 read 

as follows: 

‘‘PENALTIES

‘‘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, United 

States 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’ means 

a 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.’’. 

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 and 

inserting ‘‘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 

Definition. 


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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. 

‘‘(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 shall 

provide the notice at least 30 days before the date on 

which the State intends to initiate the civil action by filing 

a complaint. 

‘‘(B) FILING OF COMPLAINT.—A State may initiate the 

civil action by filing a complaint— 

‘‘(i) at any time after the date on which the 30- 

day 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 PRODUCT

HAZARD.—Notwithstanding subparagraph (B), a State may 

initiate a civil action under paragraph (1) by filing a complaint immediately after notifying the Commission of the 

State’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 required 

by 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 the 

complaint 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, or 

other 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, or 

other authorized State officer, from proceeding in State 

or 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 is 

brought, the same alleged violation is the subject of a pending 

civil or criminal action by the United States under this Act. 

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‘‘(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: 

‘‘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 such 

action.’’. 

(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 the 

end the following: 

‘‘WHISTLEBLOWER PROTECTION

‘‘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 the 

employee’s duties (or any person acting pursuant to a request 

of 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; 

15 USC 2087. 

Applicability. 

15 USC 1477. 


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‘‘(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 other 

such 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 of 

subsection (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 Secretary 

shall notify, in writing, the person named in the complaint of 

the filing of the complaint, of the allegations contained in the 

complaint, of the substance of evidence supporting the complaint, 

and of the opportunities that will be afforded to such person under 

paragraph (2). 

‘‘(2)(A) Not later than 60 days after the date of receipt of 

a complaint filed under paragraph (1) and after affording the 

complainant 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 Secretary 

concludes that there is reasonable cause to believe that a violation 

of 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 the 

date 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, the 

preliminary 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 the 

unfavorable personnel action alleged in the complaint. 

‘‘(ii) Notwithstanding a finding by the Secretary that the 

complainant 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 

Deadlines. 

Notification. 

Investigation. 

Order. 

Notification. 

Discrimination. 

Deadline. 


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behavior described in paragraphs (1) through (4) of subsection (a) 

was a contributing factor in the unfavorable personnel action alleged 

in the complaint. 

‘‘(iv) Relief may not be ordered under subparagraph (A) 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. 

‘‘(3)(A) Not later than 120 days after the date of conclusion 

of 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 final 

order, 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 the 

violation. 

‘‘(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) and 

restore the terms, conditions, and privileges associated with 

his 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 an 

action at law or equity for de novo review in the appropriate 

district court of the United States with jurisdiction, which shall 

have jurisdiction over such an action without regard to the amount 

in 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 that 

the 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 as 

a 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 

Deadlines. 

Deadline. 

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order issued under paragraph (3) may obtain review of the order 

in 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 the 

date of such violation. The petition for review must be filed not 

later than 60 days after the date of the issuance of the final 

order 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 order 

issued under paragraph (3), the Secretary may file a civil action 

in the United States district court for the district in which the 

violation 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 under 

paragraph (3) may commence a civil action against the person 

to whom such order was issued to require compliance with such 

order. 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’ and 

expert witness fees) to any party whenever the court determines 

such award is appropriate. 

‘‘(c) Any nondiscretionary duty imposed by this section shall 

be 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 causes 

a 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: 

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

Subtitle C—Specific Import-Export 

Provisions 

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 all 

that follows through ‘‘promulgated under section 9,’’ and 

inserting ‘‘any product which is not in conformity with an 

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applicable consumer product safety rule in effect under this 

Act,’’; and 

(2) by adding at the end the following: 

‘‘(c) The Commission may prohibit a person from exporting 

from the United States for purpose of sale any consumer product 

that is not in conformity with an applicable consumer product 

safety rule under this Act, unless the importing country has notified 

the Commission that such country accepts the importation of such 

consumer 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 product 

under 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) is 

amended by adding at the end the following: 

‘‘(d) Notwithstanding any other provision of this section, the 

Consumer Product Safety Commission may prohibit, by order, a 

person 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 Commission 

that such country accepts the importation of such fabric or related 

material, 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 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 related 

material, the export of which is permitted by the Secretary of 

the Treasury pursuant to section 17(e).’’. 

SEC. 222. IMPORT SAFETY MANAGEMENT AND INTERAGENCY 

COOPERATION. 

(a) RISK ASSESSMENT METHODOLOGY.—Not later than 2 years 

after the date of enactment of this Act, the Commission shall 

develop 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 OTHER

DATABASES.—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 United 

States; 

Deadline. 

15 USC 2066 

note. 

Notification. 

Deadline. 

Notification. 

Deadline. 


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(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 retained 

by the Commission, including information in the database 

required 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 purpose 

of identifying shipments of 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. 

(c) COOPERATION WITH U.S. CUSTOMS AND BORDER PROTECTION.—Not later than 1 year after the date of enactment of this 

Act, the Commission shall develop a plan for sharing information 

and coordinating with U.S. Customs and Border Protection that 

considers, at a minimum, the following: 

(1) The number of full-time equivalent personnel employed 

by the Commission that should be stationed at U.S. ports 

of 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 the 

Commission and U.S. Customs and Border Protection personnel 

stationed at ports of entry in the identification of shipments 

of consumer product 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 under this Act 

or any other provision of law. 

(3) The number of full-time equivalent personnel employed 

by 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 the 

development, updating, and effective implementation of the 

risk assessment methodology required in subsection (a). 

Deadline. 

Plans. 


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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 this 

section, 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 the 

Commission’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 this 

section; 

(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 purpose 

of identifying shipments of 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; 

(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. 

(a) IDENTIFICATION OF SUBSTANTIAL HAZARDS.—Section 15 (15 

U.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 deemed 

a substantial product hazard under subsection (a)(2), if the 

Commission determines that— 

‘‘(A) such characteristics are readily observable and 

have 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 the 

Treasury permits the export of the product in lieu of destruction. 

If the owner, consignee, or importer of record does not export 

Deadline. 

Deadline. 

Rules. 


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PUBLIC LAW 110–314—AUG. 14, 2008 122 STAT. 3069 

the product within 90 days of approval to export, such product 

shall 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 read 

as follows: 

‘‘(g) Manufacturers of imported products shall be in compliance 

with 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 not 

in 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 product 

on the manufacturer’s compliance with the inspection and recordkeeping requirements of this Act and the Commission’s rules with 

respect to such requirements.’’. 

SEC. 224. FINANCIAL RESPONSIBILITY. 

(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: 

‘‘SEC. 41. FINANCIAL RESPONSIBILITY. 

‘‘(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, for 

which 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 and 

Border Protection a bond amount sufficient to cover the cost of 

destruction of such products or substances. 

‘‘(b) STUDY OF REQUIRING ESCROW FOR RECALLS AND DESTRUC- TION 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 destruction 

of 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 of 

enactment of the Consumer Product Safety Improvement Act 

of 2008, the Comptroller General shall transmit to the appropriate Congressional committees a report on the conclusions 

of 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. 

15 USC 2088. 

Rules. 

Manufacturers. 


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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 AUTHORITIES 

RELATING TO SAFETY OF IMPORTED CONSUMER PRODUCTS. 

Not later than 1 year after the date of enactment of this 

Act, 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 provisions 

in preventing unsafe consumer products from entering the customs territory of the United States; 

(2) review and provide recommendations with respect to 

plans to prevent unsafe consumer products from entering the 

customs 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 the 

Commission; and 

(B) requiring foreign manufacturers to consent to the 

jurisdiction of United States courts with respect to enforcement actions by the Commission. 

Subtitle D—Miscellaneous Provisions and 

Conforming Amendments 

SEC. 231. PREEMPTION. 

(a) RULE WITH REGARD TO PREEMPTION.—The provisions of 

sections 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 other 

matter 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 cause 

of action under State or local common law or State statutory law 

regarding damage claims. 

(b) PRESERVATION OF CERTAIN STATE LAW.—Nothing in this 

Act 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. 

15 USC 2051 

note. 

Manufacturers. 

Recommendations. 


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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: 

‘‘SEC. 42. ALL-TERRAIN VEHICLES. 

‘‘(a) IN GENERAL.— ‘‘(1) MANDATORY STANDARD.—Notwithstanding any other 

provision of law, within 90 days after the date of enactment 

of the Consumer Product Safety Improvement Act of 2008, 

the Commission shall publish in the Federal Register as a 

mandatory consumer product safety standard the American 

National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements developed 

by the Specialty Vehicle Institute of America (American 

National Standard ANSI/SVIA –1–2007). The standard shall 

take 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 United 

States any new assembled or unassembled all-terrain vehicle 

unless— 

‘‘(A) the all-terrain vehicle complies with each 

applicable provision of the standard; 

‘‘(B) the ATV is subject to an ATV action plan filed 

with the Commission before the date of enactment of the 

Act, or subsequently filed with and approved by the 

Commission, and bears a label certifying such compliance 

and 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 compliance 

with 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 to 

comply with a consumer product safety standard under this 

Act 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 the 

requirements of that paragraph but also incorporate characteristics or components that are not covered by those requirements. 

Any such characteristics or components shall be subject to 

the 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 published 

in 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 

Deadlines. 

Notices. 

Notification. 

Manufacturers. 

Exports and 

imports. 

Effective date. 

Deadline. 

Federal Register, 

publication. 

15 USC 2089. 


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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 shall 

promulgate an amendment to the standard for all-terrain 

vehicles within 180 days after the date on which the notice 

of proposed rulemaking for the amendment is published in 

the Federal Register. 

‘‘(3) UNREASONABLE RISK OF INJURY.—Notwithstanding any 

other 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 the 

performance of all-terrain vehicles. 

‘‘(4) CERTAIN PROVISIONS NOT APPLICABLE.—Sections 7 and 

9 of this Act shall not apply to promulgation of any amendment 

of 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, United 

States Code. 

‘‘(c) REQUIREMENTS FOR 3-WHEELED ALL-TERRAIN VEHICLES.— 

Until a mandatory consumer product safety standard applicable 

to 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 violation 

of this subsection shall be considered to be a violation of section 

19(a)(1) of this Act and may also be enforced under section 17 

of 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, the 

Commission, in consultation with the National Highway Traffic 

Safety Administration, may provide for a multiple factor method 

of 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 weight 

is 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, the 

Commission, in consultation with the National Highway Traffic 

Safety Administration, shall review the standard published 

under 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; 

Regulations. 


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‘‘(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 to 

travel 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 is 

offered for sale. 

‘‘(2) ATV ACTION PLAN.—The term ‘ATV action plan’ means 

a 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 marketing 

and sale of the ATVs, the monitoring of such sales, and other 

safety related measures, and that is substantially similar to 

the plans described under the heading ‘The Undertakings of 

the Companies in the Commission Notice’ published in the 

Federal 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 this 

Act is further amended by inserting after the item relating to 

section 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 (15 

U.S.C. 1472) is amended by adding at the end thereof the following: 

‘‘(e) Nothing in this Act shall be construed to require the 

Consumer 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 benefits 

of such standard.’’. 

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 this 

Act, the Comptroller General, in consultation with the Commission, 

shall conduct a study on the use of formaldehyde in the manufacture 

of 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. 

Deadline. 


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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 Transportation 

of the Senate. 

‘‘(16) CHILDREN’S PRODUCT.—The term ‘children’s product’ 

means a consumer product designed or intended primarily for 

children 12 years of age or younger. In determining whether 

a consumer product is primarily intended for a child 12 years 

of 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 product 

if 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 by 

consumers as being intended for use by a child 12 years 

of age or younger. 

‘‘(D) The Age Determination Guidelines issued by the 

Commission 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 the 

form 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 alphabetical 

order based on the headings of such paragraphs and renumbering such paragraphs as so reordered; and 

(5) by inserting ‘‘common carriers, contract carriers, and 

freight 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 by 

striking ‘‘the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce 

of the House of Representatives or any subcommittee of such 

committee,’’ 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 each 

amended by striking ‘‘the Committee on Commerce, Science, 


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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 by 

striking ‘‘the Committee on Energy and Commerce of the House 

of Representatives, and by the Committee on Commerce, 

Science, and Transportation of the Senate.’’ and inserting ‘‘the 

appropriate Congressional committees.’’. 

(5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by 

striking ‘‘the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and 

Commerce of the House of Representatives’’ and insert ‘‘the 

appropriate 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’’ and 

inserting ‘‘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’’. 

SEC. 236. EXPEDITED JUDICIAL REVIEW. 

(a) IN GENERAL.—Section 11 (15 U.S.C. 2060) is amended by 

adding at the end thereof the following: 

‘‘(g) EXPEDITED JUDICIAL REVIEW.— 

‘‘(1) APPLICATION.—This subsection applies, in lieu of the 

preceding subsections of this section, to judicial review of— 

‘‘(A) any consumer product safety rule promulgated 

by 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 to 

which this subsection applies, any person adversely affected 

by such rule or standard may file a petition with the United 

States Court of Appeals for the District of Columbia Circuit 

for judicial review of such rule. Copies of the petition shall 

be forthwith transmitted by the clerk of the court to the 

Commission or other officer designated by it for that purpose 

and to the Attorney General. The record of the proceedings 

on which the Commission based its rule shall be filed in the 

court as provided for in section 2112 of title 28, United States 

Code. 

‘‘(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, 

Deadlines. 

Records. 

15 USC 2081. 


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United States Code, and to grant appropriate relief, including 

interim relief, as provided in such chapter. 

‘‘(4) CONCLUSIVENESS OF JUDGMENT.—The judgment of the 

court 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, United 

States 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 by 

subsection (a) shall not apply to any petition filed before the date 

of enactment of this Act for judicial review of any action by the 

Consumer 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. 

Title XIV of the Energy Independence and Security Act of 

2007 (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 such 

term 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, the 

American Society of Mechanical Engineers shall notify the 

Commission 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, and 

the United States Virgin Islands.’’. 

SEC. 239. EFFECTIVE DATES AND SEVERABILITY. 

(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 the 

date 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 date 

that 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 

15 USC 2051 

note. 

15 USC 2051 

note. 

15 USC 8008. 

Notification. 

Deadline. 

15 USC 8003. 

15 USC 8002. 

15 USC 2060 

note. 


dkrause on GSDDPC44 with PUBLIC LAWS
PUBLIC LAW 110–314—AUG. 14, 2008 122 STAT. 3077 

LEGISLATIVE 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 

any person or circumstance, is held invalid, the remainder of this 

Act and the amendments made by this Act, and the application 

of such provision to other persons not similarly situated or to 

other circumstances, shall not be affected by such invalidation. 

Approved August 14, 2008. 


dkrause on GSDDPC44 with PUBLIC LAWS