I 

111TH CONGRESS 

2D SESSION H. R. 4428 

To prohibit the manufacture, sale, or distribution in commerce of children’s 

jewelry containing cadmium, barium, or antimony, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2010 

Ms. SPEIER (for herself, Ms. DELAURO, Ms. SCHAKOWSKY, Mr. ISRAEL, Ms. 

SUTTON, and Mr. PERRIELLO) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To prohibit the manufacture, sale, or distribution in commerce of children’s jewelry containing cadmium, barium, 

or antimony, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Children’s Toxic Met5 als Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ANTIMONY.—The term ‘‘antimony’’ means 

2 elemental antimony (Sb) and any compounds or al3 loys which contain antimony. 

4 (2) BARIUM.—The term ‘‘barium’’ means ele5 mental barium (Ba) and any compounds or alloys 

6 which contain barium. 

7 (3) CADMIUM.—The term ‘‘cadmium’’ means 

8 elemental cadmium (Cd) and any compounds or al9 loys which contain cadmium. 

10 (4) CHILDREN’S JEWELRY.— 

11 (A) IN GENERAL.—The term ‘‘children’s 

12 jewelry’’ means any jewelry, including charms, 

13 bracelets, pendants, necklaces, earrings, or 

14 rings, that is designed or intended to be worn 

15 or used by children 12 years of age or younger 

16 and is sold or distributed at retail. 

17 (B) DETERMINATION OF INTENTION FOR

18 WEAR OR USE BY CHILDREN.—In determining 

19 under subparagraph (A) whether jewelry is de20 signed or intended for wear or use by children 

21 12 years of age or younger, the following fac22 tors shall be considered: 

23 (i) A statement by a manufacturer 

24 about the intended use of the product if 

25 such statement is reasonable. 


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1 (ii) Any label on the product. 

2 (iii) Whether the product is rep3 resented in its packaging, display, pro4 motion, or advertising as appropriate for 

5 children 12 years of age or younger. 

6 (iv) Whether the product is commonly 

7 recognized by consumers as being intended 

8 for use by children 12 years of age or 

9 younger. 

10 (v) The Age Determination Guide11 lines: Relating Children’s Ages to Toy 

12 Characteristics and Play Behavior, issued 

13 by the Commission in September 2002, 

14 and any modifications to such Guidelines. 

15 (5) COMMISSION.—The term ‘‘Commission’’ 

16 means the Consumer Product Safety Commission. 

17 (6) SOLD OR DISTRIBUTED AT RETAIL.—The 

18 term ‘‘sold or distributed at retail’’ means sold or 

19 distributed to a consumer, but does not include sell20 ing activity that is intermittent. 

21 SEC. 3. BAN ON CERTAIN PRODUCTS CONTAINING CAD22 MIUM, BARIUM OR ANTIMONY. 

23 (a) TREATMENT AS BANNED HAZARDOUS SUB24 STANCE.—Any children’s jewelry that is composed in 

25 whole or in part of cadmium, barium, or antimony shall 


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1 be treated as a banned hazardous substance under the 

2 Federal Hazardous Substances Act (15 U.S.C. 1261 et 

3 seq.). 

4 (b) TREATMENT AS A REGULATION UNDER THE

5 FEDERAL HAZARDOUS SUBSTANCES ACT.—The ban im6 posed under subsection (a) shall be treated as regulations 

7 of the Commission promulgated under or for the enforce8 ment of section 2(q) of the Federal Hazardous Substances 

9 Act (15 U.S.C. 1261(q)). 

10 (c) REGULATIONS.—The Commission may prescribe 

11 regulations to carry out the provisions of this Act. 

12 SEC. 4. ENFORCEMENT. 

13 (a) PENALTIES.— 

14 (1) IN GENERAL.—Any failure of a person sub15 ject to a requirement of section 3 to comply with 

16 such requirement shall be treated as a violation of 

17 section 4 of the Federal Hazardous Substances Act 

18 (15 U.S.C. 1263) and subject to the penalties set 

19 forth in section 5 of such Act (15 U.S.C. 1264). 

20 (b) REPORTS.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of the enactment of this Act, and annually 

23 thereafter, the Commission shall submit to Congress 

24 a report on the actions taken by the Commission to 

25 enforce the provisions of this Act, including a sumVerDate Nov 24 2008 01:33 Jan 14, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4428.IH H4428

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1 mary of the criminal and civil penalties imposed 

2 under subsection (a). 

3 (2) HEAVY METALS.—Not later than 1 year 

4 after the date of the enactment of this Act, the 

5 Commission shall submit a report to Congress re6 garding heavy metals which should be banned from 

7 children’s products. 

8 SEC. 5. EFFECT ON FEDERAL AND STATE LAW. 

9 (a) IN GENERAL.—Nothing in this Act or section 

10 18(b)(1)(B) of the Federal Hazardous Substances Act (15 

11 U.S.C. 1261 note) shall affect the authority of any State 

12 or political subdivision of a State to establish or continue 

13 in effect a provision of the law of a State or political sub14 division of a State relating to regulation of products con15 taining cadmium, barium, or antimony, except to the ex16 tent that compliance with both State and Federal law is 

17 impossible. Nothing in this section shall be construed to 

18 modify or affect any enforcement action or liability of any 

19 person under the law of any State. 

20 (b) PRESERVATION OF CERTAIN STATE LAW.—Noth21 ing in this Act shall be construed to preempt or otherwise 

22 affect any warning requirement relating to consumer prod23 ucts or substances that is established pursuant to State 

24 law that was in effect on August 31, 2003. 


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1 SEC. 6. EFFECTIVE DATE. 

2 This Act shall take effect on the date of the enact3 ment of this Act and shall apply with respect to children’s 

4 jewelry manufactured on or after the date that is 90 days 

5 after such date of enactment. 

Æ 


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