II 

110TH CONGRESS 

1ST SESSION S. 1833 

To amend the Consumer Product Safety Act to require third-party verification 

of compliance of children’s products with consumer product safety standards promulgated by the Consumer Product Safety Commission and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2007 

Mr. NELSON of Florida (for himself and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Consumer Product Safety Act to require thirdparty verification of compliance of children’s products 

with consumer product safety standards promulgated by 

the Consumer Product Safety Commission 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 Products 

5 Safety Act of 2007’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act and the amendments made 

3 by this Act is to prevent the introduction of dangerous 

4 toys and other products used by children into the market5 place by requiring independent third-party testing and cer6 tification that toys and other products intended for use 

7 by children comply with consumer product safety stand8 ards and rules before they enter the interstate stream of 

9 commerce. 

10 SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN’S 

11 PRODUCTS WITH CONSUMER PRODUCT SAFE12 TY RULES. 

13 (a) EXPANSION OF CERTIFICATION REQUIREMENT

14 TO INCLUDE CERTIFICATION FOR COMPLIANCE WITH

15 ALL CONSUMER PRODUCT SAFETY RULES PROMUL16 GATED UNDER ACTS ADMINISTERED BY THE CONSUMER

17 PRODUCT SAFETY COMMISSION.—Subsection (a) of sec18 tion 14 of the Consumer Product Safety Act (15 U.S.C. 

19 2063) is amended— 

20 (1) by redesignating paragraph (2) as para21 graph (5); 

22 (2) in paragraph (1)— 

23 (A) by striking ‘‘Every manufacturer’’ and 

24 inserting ‘‘Except as provided in paragraph 

25 (2),’’; and 


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1 (B) by designating the second and third 

2 sentences as paragraphs (3) and (4), respec3 tively, and indenting the margin of such para4 graphs, as so designated, 2 ems from the left 

5 margin; 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) Every manufacturer of a children’s product (and 

9 the private labeler of such product if it bears a private 

10 label) which is subject to a consumer product safety stand11 ard under this Act or a rule under this or any other Act 

12 administered by the Commission declaring a consumer 

13 product a banned hazardous product shall issue a certifi14 cate which shall certify that such product conforms to 

15 such consumer product safety standard or is not a banned 

16 hazardous product under such rule, and shall specify such 

17 consumer product safety standard or such rule.’’; 

18 (4) in paragraph (3), as redesignated by para19 graph (2)(B), by striking ‘‘Such certificate shall’’ 

20 and inserting ‘‘A certificate required under this sub21 section shall’’; and 

22 (5) in paragraph (5), as redesignated by para23 graph (1)— 

24 (A) by striking ‘‘required by paragraph (1) 

25 of this subsection’’ and inserting ‘‘required by 


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1 paragraph (1) or (2) (as the case may be)’’; 

2 and 

3 (B) by striking ‘‘requirement under para4 graph (1)’’ and inserting ‘‘requirement under 

5 paragraph (1) or (2) (as the case may be)’’. 

6 (b) THIRD-PARTY CERTIFICATION REQUIRED.—Sub7 section 14(b) of the Consumer Product Safety Act (15 

8 U.S.C. 2063(b)) is amended— 

9 (1) by striking ‘‘The Commission may’’ and in10 serting ‘‘(1) The Commission may’’; 

11 (2) by designating the second sentence as para12 graph (2) and indenting the margin of such para13 graph, as so designated, 2 ems from the left margin; 

14 (3) in paragraph (2), as so designated, by strik15 ing ‘‘Any test or’’ and inserting ‘‘Except as provided 

16 in paragraph (3), any test or’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(3) In the case of a children’s product, any test or 

19 testing program on the basis of which a certificate is 

20 issued under subsection (a)(2) shall be conducted by a 

21 nongovernmental independent third party qualified to per22 form such tests or testing programs.’’. 

23 (c) DEFINITION OF CHILDREN’S PRODUCTS AND

24 INDEPENDENT THIRD PARTY.—Section 14 of the ConVerDate Aug 31 2005 01:23 Jul 21, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1833.IS S1833

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1 sumer Product Safety Act (15 U.S.C. 2063) is amended 

2 by adding at the end the following: 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) CHILDREN’S PRODUCT.—The term ‘chil5 dren’s product’ means a toy or other article intended 

6 for use by a child under 60 months of age that is 

7 introduced into the interstate stream of commerce. 

8 In determining whether a toy or article is intended 

9 for use by a child under 60 months of age, the fol10 lowing factors shall be considered: 

11 ‘‘(A) A statement by a manufacturer about 

12 the intended use of such toy or article, includ13 ing a label on such toy or article, if such state14 ment is reasonable. 

15 ‘‘(B) The context and manner of the ad16 vertising, promotion, and marketing associated 

17 with the toy or article. 

18 ‘‘(C) Whether the toy or article is com19 monly recognized by consumers as being in20 tended for use by a child under 60 months of 

21 age. 

22 ‘‘(D) The Age Determination Guideline 

23 issued by the Consumer Product Safety Com24 mission in September 2002 and any subsequent 

25 version of such Guideline. 


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1 ‘‘(2) INDEPENDENT THIRD PARTY.—The term 

2 ‘independent third party’, with respect to a testing 

3 entity, means an independent testing entity that is 

4 physically separate from any manufacturer or pri5 vate labeler whose product will be tested by such en6 tity, and is not owned, managed, controlled, or di7 rected by such manufacturer or private labeler.’’. 

8 (d) LABEL AND CERTIFICATION.—Not later than 180 

9 days after the date of the enactment of this Act, the Con10 sumer Product Safety Commission shall prescribe a rule 

11 in accordance with subsection (c) of section 14 of the Con12 sumer Product Safety Act (15 U.S.C. 2063) for children’s 

13 products described in subsection (d)(1) of such section, as 

14 added by subsection (c) of this section. 

15 SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN’S PROD16 UCTS WITHOUT THIRD-PARTY TESTING CER17 TIFICATION. 

18 Section 17(a) of the Consumer Product Safety Act 

19 (15 U.S.C. 2066) is amended— 

20 (1) in paragraph (4), by striking ‘‘or’’ at the 

21 end; 

22 (2) in paragraph (5), by striking the period at 

23 the end and inserting a semicolon and ‘‘or’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(6) is a children’s product, as that term is de2 fined in section 14(d), that is not accompanied by a 

3 certificate from a third-party verification entity re4 quired by section 14(a)(2).’’. 

Æ 


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