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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SPECIFICATION OF CONSTITUTIONAL AUTHOR-
ITY FOR ENACTMENT OF LAW. 
This Act is enacted pursuant to the power granted 
to Congress under article 1, section 8, clause 3. 
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SEC. 2. CERTAIN REQUIREMENTS INAPPLICABLE TO SEC-
OND-HAND SELLERS. 
Section 19 of the Consumer Product Safety Act (15 
U.S.C. 2068) is amended by adding at the end thereof 
the following: 
‘‘(c) EXCEPTIONS FOR SECOND-HAND SELLERS.— 
‘‘(1) IN GENERAL.—It is not a violation of sub-
section (a)(1) or (a)(2) of this section for a second- 
hand seller to sell, offer for sale, or distribute in 
commerce— 
‘‘(A) a consumer product for resale that is 
treated as a banned hazardous substance under 
the Federal Hazardous Substances Act (15 
U.S.C. 1261 et seq.) because of the application 
of section 101(a) of the Consumer Product 
Safety Improvement Act of 2008 (15 U.S.C. 
1278a); or 
‘‘(B) a children’s product without the label 
required by section 14(c) of this Act. 
‘‘(2) SECOND-HAND SELLER DEFINED.—In this 
subsection, the term ‘second-hand seller’ means— 
‘‘(A) a consignment shop, thrift shop, or 
similar enterprise that sells, offers for sale, or 
distributes in commerce a product after the 
first retail sale of that product; 
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‘‘(B) an individual who utilizes the Inter-
net, a yard sale, or other casual means of sell-
ing, or offering for sale, such a product; or 
‘‘(C) a person who sells, or offers for sale, 
such a product at an auction for the benefit of 
a nonprofit organization.’’. 
SEC. 3. PROSPECTIVE APPLICATION OF LEAD CONTENT 
AND THIRD PARTY TESTING RULES. 
(a) LEAD CONTENT.—Section 101(a) of the Con-
sumer Product Safety Improvement Act of 2008 (15 
U.S.C. 1278a(a)) is amended— 
(1) by striking ‘‘(b) beginning on the dates pro-
vided in paragraph (2),’’ in paragraph (1) and in-
serting ‘‘(b),’’; 
(2) by striking ‘‘(15 U.S.C. 1261 et seq.).’’ in 
paragraph (1) and inserting ‘‘(15 U.S.C. 1261 et 
seq.) if it is manufactured after the date on which 
such limit takes effect.’’; 
(3) by striking ‘‘180 days’’ in paragraph (2)(A) 
and inserting ‘‘360 days’’; 
(4) by striking ‘‘1 year’’ in paragraph (2)(B) 
and inserting ‘‘18 months’’; 
(5) by striking ‘‘3 years’’ in paragraph (2)(C) 
and inserting ‘‘31⁄2 years’’; and 
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(6) by striking ‘‘3 years’’ in paragraph (2)(D) 
and inserting ‘‘31⁄2 years’’. 
(b) THIRD PARTY TESTING.—Section 14(a)(3)(A) of 
the 
Consumer 
Product 
Safety 
Act 
(15 
U.S.C. 
2063(a)(3)(A)) is amended by inserting ‘‘after August 9, 
2009, and’’ after ‘‘manufactured’’. 
(c) APPLICATION.—The amendments made by sub-
sections (a) and (b) shall be treated as having taken effect 
on August 15, 2008. 
SEC. 4. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD 
PARTY TESTING REQUIREMENT. 
Section 14(g) of the Consumer Product Safety Act 
(15 U.S.C. 2063(g)) is amended by adding at the end 
thereof the following: 
‘‘(5) SPECIAL RULE FOR LEAD CONTENT TEST-
ING AND CERTIFICATION.—Subsection (a) shall not 
require the manufacturer or private labeler of a 
product to test a product for, or certify it with re-
spect to, lead content if— 
‘‘(A) each component of the product has 
been tested for lead content by the manufac-
turer or private labeler of the component; and 
‘‘(B) the manufacturer or private labeler of 
each such component certifies that the compo-
nent (including paint, electroplating, and other 
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coatings) does not contain more lead than the 
limit established by section 101(a)(2) of the 
Consumer Product Safety Improvement Act of 
2008 (15 U.S.C. 1278a(a)(2)).’’. 
SEC. 5. SUSPENSION OF ENFORCEMENT PENDING FINAL 
REGULATIONS. 
Notwithstanding any provision of law to the contrary, 
neither the Consumer Product Safety Commission nor the 
Attorney General of any State may initiate an enforce-
ment proceeding under the Consumer Product Safety Act 
or the Federal Hazardous Substances Act for failure to 
comply with the requirements of, or for violation of, the 
following provisions of law until 30 days after the date 
on which the Commission issues the referenced rule, regu-
lation, or guidance: 
(1) Section 101(a) of the Consumer Product 
Safety Improvement Act of 2008 (15 U.S.C. 1278a) 
with respect to materials, products, or parts de-
scribed in subsection (b)(1), until the date on which 
the Commission promulgates a final rule providing 
the guidance required by section 101(b)(2)(B) of 
that Act. 
(2) Section 101(a) of that Act with respect to 
certain electronic devices described in section 
101(b)(4) of that Act, until the date on which the 
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Commission, by final regulation, issues the require-
ments described in subparagraph (A) of section 
101(b)(4) and establishes the schedule described in 
subparagraph (A) of section 101(b)(4). 
(3) Section 14(a)(1) or (2) of the Consumer 
Product Safety Act (15 U.S.C. 2063(a)(1) or (2)), 
until the date on which— 
(A) the Commission has established and 
published final notice of the requirements for 
accreditation of third party conformity assess-
ment bodies under section 14(a)(3)(B)(vi) of 
that Act for products to which children’s prod-
uct safety rules established or revised before 
August 14, 2008, apply, 
(B) the Commission has established by 
final regulation requirements for the periodic 
audit of third party conformity assessment bod-
ies under section 14(d)(1) of that Act (15 
U.S.C. 2063(d)(1)), or 
(C) the Commission has by final regulation 
initiated the program required by section 
14(d)(2)(A) 
of 
that 
Act 
(15 
U.S.C. 
2063(d)(2)(A)) and established protocols and 
standards under section 14(d)(2)(B) of that Act 
(15 U.S.C. 2063(d)(2)(B)), 
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(1) shall be designed to assist small enterprises 
to determine— 
(A) whether the Consumer Product Safety 
Act (or any other Act enforced by the Commis-
sion) applies to their business activities; 
(B) whether they are considered distribu-
tors, manufacturers, private labelers, or retail-
ers under the Act; and 
(C) which rules, standards, regulations, or 
statutory requirements apply to their business 
activities; 
(2) shall provide guidance on how to comply 
with any such applicable rule, standard, regulation, 
or requirement, including— 
(A) what actions they should take to en-
sure that they meet the requirements; and 
(B) how to determine whether they have 
met the requirements; and 
(3) may contain such additional information as 
the Commission deems appropriate, including tele-
phone, e-mail, and Internet contacts for compliance 
support and information. 
(c) PUBLICATION AND DISTRIBUTION.—The Com-
mission shall— 
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(1) publish a sufficient number of copies of the 
guide to satisfy both individual requests for copies 
and mass requests to accommodate distribution by 
chambers of commerce, trade associations and other 
organizations the membership of which includes 
small enterprises whose business activities are af-
fected by the requirements of the Consumer Product 
Safety Act and other Acts enforced by the Commis-
sion; 
(2) make the guide available, without charge, 
by mail; and 
(3) provide easy access to the guide on the 
Commission’s public website. 
Æ 
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