I 

111TH CONGRESS 

1ST SESSION H. R. 3533 

To amend the Consumer Product Safety Act to clarify and ensure the effective 

implementation of certain children’s product safety provisions added by 

the Consumer Product Safety Improvement Act of 2008. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2009 

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

Committee on Energy and Commerce 

A BILL 

To amend the Consumer Product Safety Act to clarify and 

ensure the effective implementation of certain children’s 

product safety provisions added by the Consumer Product Safety Improvement Act of 2008. 

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

3 SECTION 1. MANDATORY SAFETY MARK FOR ALL TOYS AND 

4 DURABLE INFANT AND TODDLER PRODUCTS. 

5 Section 14(d)(2)(A) of the Consumer Product Safety 

6 Act (15 U.S.C. 2603) is amended by inserting after ‘‘or 

7 private labeler may’’ the following: ‘‘, and by which a manVerDate Nov 24 2008 03:16 Sep 09, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3533.IH H3533

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1 ufacturer or private labeler of a toy or durable nursery 

2 product shall,’’. 

3 SEC. 2. REQUIREMENTS OF SAFETY CERTIFICATION AND 

4 MARK PROGRAMS FOR TOYS AND DURABLE 

5 INFANT AND TODDLER PRODUCTS. 

6 Section 14(d)(2) of the Consumer Product Safety Act 

7 (15 U.S.C. 2603) is amended by adding at the end the 

8 following new subparagraph: 

9 ‘‘(C) in addition to the protocols and 

10 standards for testing referred to in subpara11 graph (B), require that the certification labeling 

12 (mark) requirements for toys, as defined by 

13 ASTM International Standard F963–08 or its 

14 successor, and durable infant and toddler prod15 ucts, as defined by section 104(f) of the Con16 sumer Product Safety Improvement Act of 

17 2008, referred to in subparagraph (A) must be 

18 based upon, at minimum— 

19 ‘‘(i) comprehensive product safety de20 sign analysis, conducted by qualified pro21 fessionals who are not employed by the 

22 manufacturer or private labeler; 

23 ‘‘(ii) appropriate testing frequency, in24 cluding pre-production (prototype) testing, 

25 and production (batch) testing of sufficient 


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1 sample size but in any case not less fre2 quent than every 500,000 final product 

3 units; 

4 ‘‘(iii) selection of random samples for 

5 testing by an independent, third party con6 formity assessment body; and 

7 ‘‘(iv) adequate market testing of prod8 ucts for sale to consumers, including ran9 dom selection of products by an inde10 pendent, third party conformity assessment 

11 body.’’. 

12 SEC. 3. ELIMINATION OF GENERAL CONFORMITY CERTIFI13 CATION REQUIREMENTS. 

14 Section 14 of the Consumer Product Safety Act (15 

15 U.S.C. 2603) is amended by striking subsection (a)(1) in 

16 its entirety. 

17 SEC. 4. DELAY OF EFFECTIVE DATE FOR TRACKING LABEL 

18 REQUIREMENTS. 

19 Section 14(a)(5) of the Consumer Product Safety Act 

20 (15 U.S.C. 2603) is amended by striking ‘‘1 year’’ and 

21 inserting ‘‘2 years’’. 

Æ 


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