I 

111TH CONGRESS 

1ST SESSION H. R. 1465 

To amend the Consumer Product Safety Act to provide regulatory relief 

to small and family-owned businesses. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2009 

Mr. ELLSWORTH introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Consumer Product Safety Act to provide 

regulatory relief to small and family-owned businesses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN REQUIREMENTS INAPPLICABLE TO 

4 SECOND-HAND SELLERS. 

5 Section 19 of the Consumer Product Safety Act (15 

6 U.S.C. 2068) is amended by adding at the end thereof 

7 the following: 

8 ‘‘(c) EXCEPTIONS FOR SECOND-HAND SELLERS.— 

9 ‘‘(1) IN GENERAL.—It is not a violation of sub10 section (a)(1) or (a)(2) of this section for a secondVerDate Nov 24 2008 22:08 Mar 13, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1465.IH H1465

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1 hand seller to sell, offer for sale, or distribute in 

2 commerce— 

3 ‘‘(A) a consumer product for resale that is 

4 treated as a banned hazardous substance under 

5 the Federal Hazardous Substances Act (15 

6 U.S.C. 1261 et seq.) because of the application 

7 of section 101(a) of the Consumer Product 

8 Safety Improvement Act of 2008 (15 U.S.C. 

9 1278a); or 

10 ‘‘(B) a children’s product without the label 

11 required by section 14(c) of this Act. 

12 ‘‘(2) SECOND-HAND SELLER DEFINED.—In this 

13 subsection, the term ‘second-hand seller’ means— 

14 ‘‘(A) a consignment shop, thrift shop, or 

15 similar enterprise that sells, offers for sale, or 

16 distributes in commerce a product after the 

17 first retail sale of that product; 

18 ‘‘(B) an individual who utilizes the Inter19 net, a yard sale, or other casual means of sell20 ing, or offering for sale, such a product; or 

21 ‘‘(C) a person who sells, or offers for sale, 

22 such a product at an auction for the benefit of 

23 a nonprofit organization.’’. 


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1 SEC. 2. PROSPECTIVE APPLICATION OF LEAD CONTENT 

2 AND THIRD PARTY TESTING RULES. 

3 (a) LEAD CONTENT.—Section 101(a) of the Con4 sumer Product Safety Improvement Act of 2008 (15 

5 U.S.C. 1278a(a)) is amended— 

6 (1) by striking ‘‘(b) beginning on the dates pro7 vided in paragraph (2),’’ in paragraph (1) and in8 serting ‘‘(b),’’; 

9 (2) by striking ‘‘(15 U.S.C. 1261 et seq.).’’ in 

10 paragraph (1) and inserting ‘‘(15 U.S.C. 1261 et 

11 seq.) if it is manufactured after the date on which 

12 such limit takes effect.’’; 

13 (3) by striking ‘‘180 days’’ in paragraph (2)(A) 

14 and inserting ‘‘360 days’’; 

15 (4) by striking ‘‘1 year’’ in paragraph (2)(B) 

16 and inserting ‘‘18 months’’; 

17 (5) by striking ‘‘3 years’’ in paragraph (2)(C) 

and inserting ‘‘31 18 ⁄2 years’’; and 

19 (6) by striking ‘‘3 years’’ in paragraph (2)(D) 

and inserting ‘‘31 20 ⁄2 years’’. 

21 (b) APPLICATION.—The amendments made by sub22 section (a) shall be treated as having taken effect on Au23 gust 15, 2008. 


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1 SEC. 3. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD 

2 PARTY TESTING REQUIREMENT. 

3 Section 14(g) of the Consumer Product Safety Act 

4 (15 U.S.C. 2063(g)) is amended by adding at the end 

5 thereof the following: 

6 ‘‘(5) SPECIAL RULE FOR LEAD CONTENT TEST7 ING AND CERTIFICATION.—Subsection (a) shall not 

8 require the manufacturer or private labeler of a 

9 product to test a product for, or certify it with re10 spect to, lead content if— 

11 ‘‘(A) each component of the product has 

12 been tested for lead content by the manufac13 turer or private labeler of the component; and 

14 ‘‘(B) the manufacturer or private labeler of 

15 each such component certifies that the compo16 nent (including paint, electroplating, and other 

17 coatings) does not contain more lead than the 

18 limit established by section 101(a)(2) of the 

19 Consumer Product Safety Improvement Act of 

20 2008 (15 U.S.C. 1278a(a)(2)).’’. 

21 SEC. 4. SUSPENSION OF ENFORCEMENT PENDING FINAL 

22 REGULATIONS. 

23 Notwithstanding any provision of law to the contrary, 

24 neither the Consumer Product Safety Commission nor the 

25 Attorney General of any State may initiate an enforce26 ment proceeding under the Consumer Product Safety Act 


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1 or the Federal Hazardous Substances Act for failure to 

2 comply with the requirements of, or for violation of, the 

3 following provisions of law until 30 days after the date 

4 on which the Commission issues the referenced rule, regu5 lation, or guidance: 

6 (1) Section 101(a) of the Consumer Product 

7 Safety Improvement Act of 2008 (15 U.S.C. 1278a) 

8 with respect to materials, products, or parts de9 scribed in subsection (b)(1), until the date on which 

10 the Commission promulgates a final rule providing 

11 the guidance required by section 101(b)(2)(B) of 

12 that Act. 

13 (2) Section 101(a) of that Act with respect to 

14 certain electronic devices described in section 

15 101(b)(4) of that Act, until the date on which the 

16 Commission, by final regulation, issues the require17 ments described in subparagraph (A) of section 

18 101(b)(4) and establishes the schedule described in 

19 subparagraph (A) of section 101(b)(4). 

20 (3) Section 14(a) (1) or (2) of the Consumer 

21 Product Safety Act (15 U.S.C. 2063(a) (1) or (2)), 

22 until the date on which— 

23 (A) the Commission has established and 

24 published final notice of the requirements for 

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1 ment bodies under section 14(a)(3)(B)(vi) of 

2 that Act for products to which children’s prod3 uct safety rules established or revised before 

4 August 14, 2008, apply, 

5 (B) the Commission has established by 

6 final regulation requirements for the periodic 

7 audit of third party conformity assessment bod8 ies under section 14(d)(1) of that Act (15 

9 U.S.C. 2063(d)(1)), or 

10 (C) the Commission has by final regulation 

11 initiated the program required by section 

12 14(d)(2)(A) of that Act (15 U.S.C. 

13 2063(d)(2)(A)) and established protocols and 

14 standards under section 14(d)(2)(B) of that Act 

15 (15 U.S.C. 2063(d)(2)(B)), 

16 whichever is last. 

17 SEC. 5. WAIVER OF CIVIL PENALTY FOR INITIAL GOOD 

18 FAITH VIOLATION. 

19 Section 20(c) of the Consumer Product Safety Act 

20 (15 U.S.C. 2069(c)) is amended by adding at the end 

21 thereof the following: ‘‘The Commission shall waive any 

22 civil penalty under this section if the Commission deter23 mines that— 

24 ‘‘(1) the violation is the first violation of section 

25 19(a) by that person; and 


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1 ‘‘(2) the person was acting in good faith with 

2 respect to the act or omission that constitutes the 

3 violation.’’. 

Æ 


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