I 

111TH CONGRESS 

1ST SESSION H. R. 968 

To amend the Consumer Product Safety Act to provide regulatory relief 

to small and family-owned businesses. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. SHADEGG (for himself and Mr. BARTLETT) 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. SPECIFICATION OF CONSTITUTIONAL AUTHOR4 ITY FOR ENACTMENT OF LAW. 

5 This Act is enacted pursuant to the power granted 

6 to Congress under article 1, section 8, clause 3. 


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1 SEC. 2. CERTAIN REQUIREMENTS INAPPLICABLE TO SEC2 OND-HAND SELLERS. 

3 Section 19 of the Consumer Product Safety Act (15 

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

5 the following: 

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

7 ‘‘(1) IN GENERAL.—It is not a violation of sub8 section (a)(1) or (a)(2) of this section for a second9 hand seller to sell, offer for sale, or distribute in 

10 commerce— 

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

12 treated as a banned hazardous substance under 

13 the Federal Hazardous Substances Act (15 

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

15 of section 101(a) of the Consumer Product 

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

17 1278a); or 

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

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

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

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

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

23 similar enterprise that sells, offers for sale, or 

24 distributes in commerce a product after the 

25 first retail sale of that product; 


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1 ‘‘(B) an individual who utilizes the Inter2 net, a yard sale, or other casual means of sell3 ing, or offering for sale, such a product; or 

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

5 such a product at an auction for the benefit of 

6 a nonprofit organization.’’. 

7 SEC. 3. PROSPECTIVE APPLICATION OF LEAD CONTENT 

8 AND THIRD PARTY TESTING RULES. 

9 (a) LEAD CONTENT.—Section 101(a) of the Con10 sumer Product Safety Improvement Act of 2008 (15 

11 U.S.C. 1278a(a)) is amended— 

12 (1) by striking ‘‘(b) beginning on the dates pro13 vided in paragraph (2),’’ in paragraph (1) and in14 serting ‘‘(b),’’; 

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

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

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

18 such limit takes effect.’’; 

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

20 and inserting ‘‘360 days’’; 

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

22 and inserting ‘‘18 months’’; 

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

and inserting ‘‘31 24 ⁄2 years’’; and 


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

and inserting ‘‘31 2 ⁄2 years’’. 

3 (b) THIRD PARTY TESTING.—Section 14(a)(3)(A) of 

4 the Consumer Product Safety Act (15 U.S.C. 

5 2063(a)(3)(A)) is amended by inserting ‘‘after August 9, 

6 2009, and’’ after ‘‘manufactured’’. 

7 (c) APPLICATION.—The amendments made by sub8 sections (a) and (b) shall be treated as having taken effect 

9 on August 15, 2008. 

10 SEC. 4. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD 

11 PARTY TESTING REQUIREMENT. 

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

13 (15 U.S.C. 2063(g)) is amended by adding at the end 

14 thereof the following: 

15 ‘‘(5) SPECIAL RULE FOR LEAD CONTENT TEST16 ING AND CERTIFICATION.—Subsection (a) shall not 

17 require the manufacturer or private labeler of a 

18 product to test a product for, or certify it with re19 spect to, lead content if— 

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

21 been tested for lead content by the manufac22 turer or private labeler of the component; and 

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

24 each such component certifies that the compo25 nent (including paint, electroplating, and other 


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1 coatings) does not contain more lead than the 

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

3 Consumer Product Safety Improvement Act of 

4 2008 (15 U.S.C. 1278a(a)(2)).’’. 

5 SEC. 5. SUSPENSION OF ENFORCEMENT PENDING FINAL 

6 REGULATIONS. 

7 Notwithstanding any provision of law to the contrary, 

8 neither the Consumer Product Safety Commission nor the 

9 Attorney General of any State may initiate an enforce10 ment proceeding under the Consumer Product Safety Act 

11 or the Federal Hazardous Substances Act for failure to 

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

13 following provisions of law until 30 days after the date 

14 on which the Commission issues the referenced rule, regu15 lation, or guidance: 

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

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

18 with respect to materials, products, or parts de19 scribed in subsection (b)(1), until the date on which 

20 the Commission promulgates a final rule providing 

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

22 that Act. 

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

24 certain electronic devices described in section 

25 101(b)(4) of that Act, until the date on which the 


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1 Commission, by final regulation, issues the require2 ments described in subparagraph (A) of section 

3 101(b)(4) and establishes the schedule described in 

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

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

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

7 until the date on which— 

8 (A) the Commission has established and 

9 published final notice of the requirements for 

10 accreditation of third party conformity assess11 ment bodies under section 14(a)(3)(B)(vi) of 

12 that Act for products to which children’s prod13 uct safety rules established or revised before 

14 August 14, 2008, apply, 

15 (B) the Commission has established by 

16 final regulation requirements for the periodic 

17 audit of third party conformity assessment bod18 ies under section 14(d)(1) of that Act (15 

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

20 (C) the Commission has by final regulation 

21 initiated the program required by section 

22 14(d)(2)(A) of that Act (15 U.S.C. 

23 2063(d)(2)(A)) and established protocols and 

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

25 (15 U.S.C. 2063(d)(2)(B)), 


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1 whichever is last. 

2 SEC. 6. WAIVER OF CIVIL PENALTY FOR INITIAL GOOD 

3 FAITH VIOLATION. 

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

5 (15 U.S.C. 2069(c)) is amended by adding at the end 

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

7 civil penalty under this section if the Commission deter8 mines that— 

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

10 19(a) by that person; and 

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

12 respect to the act or omission that constitutes the 

13 violation.’’. 

14 SEC. 7. SMALL ENTERPRISE COMPLIANCE ASSISTANCE. 

15 (a) IN GENERAL.—Within 180 days after the date 

16 of enactment of this Act, or as soon thereafter as is prac17 ticable, the Consumer Product Safety Commission, in con18 sultation with the Small Business Administration and 

19 State small business agencies, shall develop a compliance 

20 guide for small enterprises to assist them in complying 

21 with the requirements of the Consumer Product Safety 

22 Act (15 U.S.C. 2051 et seq.) and other Acts enforced by 

23 the Commission. 

24 (b) CONTENTS.—The guide— 


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1 (1) shall be designed to assist small enterprises 

2 to determine— 

3 (A) whether the Consumer Product Safety 

4 Act (or any other Act enforced by the Commis5 sion) applies to their business activities; 

6 (B) whether they are considered distribu7 tors, manufacturers, private labelers, or retail8 ers under the Act; and 

9 (C) which rules, standards, regulations, or 

10 statutory requirements apply to their business 

11 activities; 

12 (2) shall provide guidance on how to comply 

13 with any such applicable rule, standard, regulation, 

14 or requirement, including— 

15 (A) what actions they should take to en16 sure that they meet the requirements; and 

17 (B) how to determine whether they have 

18 met the requirements; and 

19 (3) may contain such additional information as 

20 the Commission deems appropriate, including tele21 phone, e-mail, and Internet contacts for compliance 

22 support and information. 

23 (c) PUBLICATION AND DISTRIBUTION.—The Com24 mission shall— 


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1 (1) publish a sufficient number of copies of the 

2 guide to satisfy both individual requests for copies 

3 and mass requests to accommodate distribution by 

4 chambers of commerce, trade associations and other 

5 organizations the membership of which includes 

6 small enterprises whose business activities are af7 fected by the requirements of the Consumer Product 

8 Safety Act and other Acts enforced by the Commis9 sion; 

10 (2) make the guide available, without charge, 

11 by mail; and 

12 (3) provide easy access to the guide on the 

13 Commission’s public website. 

Æ 


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