I 
111TH CONGRESS 
2D SESSION 
H. R. 5920 
To prohibit the manufacture, sale, or distribution in commerce of children’s 
products containing excessive cadmium, chromium, barium, or antimony, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2010 
Ms. SPEIER introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To prohibit the manufacture, sale, or distribution in com-
merce of children’s products containing excessive cad-
mium, chromium, barium, or antimony, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Toxic Metals Protec-
tion Act of 2010’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ANTIMONY.—The term ‘‘antimony’’ means 
elemental antimony and any compounds or alloys 
which contain antimony. 
(2) BARIUM.—The term ‘‘barium’’ means ele-
mental barium and any compounds or alloys which 
contain barium. 
(3) CADMIUM.—The term ‘‘cadmium’’ means 
elemental cadmium and any compounds or alloys 
which contain cadmium. 
(4) CHILDREN’S PRODUCT.— 
(A) IN
GENERAL.—The term ‘‘children’s 
product’’ means a product designed or intended 
to be worn or used by children 12 years of age 
or younger and sold or distributed at retail. 
(B) DETERMINATION OF INTENTION FOR 
WEAR OR USE BY CHILDREN.—In determining 
under subparagraph (A) whether a product is 
designed or intended for wear or use by chil-
dren 12 years of age or younger, the following 
factors shall be considered: 
(i) A statement by a manufacturer 
about the intended use of the product if 
such statement is reasonable. 
(ii) Any label on the product. 
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(iii) Whether the product is rep-
resented in its packaging, display, pro-
motion, or advertising as appropriate for 
children 12 years of age or younger. 
(iv) Whether the product is commonly 
recognized by consumers as being intended 
for use by children 12 years of age or 
younger. 
(v) The Age Determination Guide-
lines: Relating Children’s Ages to Toy 
Characteristics and Play Behavior, issued 
by the Commission in September 2002, 
and any modifications to such Guidelines. 
(5) CHROMIUM.—The term ‘‘chromium’’ means 
elemental chromium and any compounds or alloys 
which contain chromium. 
(6) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission. 
(7) SOLD OR DISTRIBUTED AT RETAIL.—The 
term ‘‘sold or distributed at retail’’ means sold or 
distributed to a consumer. 
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SEC. 3. BAN ON CHILDREN’S PRODUCTS CONTAINING CER-
TAIN LEVELS OF ANTIMONY, BARIUM, CAD-
MIUM, OR CHROMIUM. 
(a) PROHIBITION.—No person may manufacture for 
sale, offer for sale, or distribute in commerce any chil-
dren’s product containing compounds of antimony, bar-
ium, cadmium, or chromium of which the metal content 
of the soluble material is in excess of the maximum soluble 
migrated element in parts per million as follows: 
(1) 60 parts per million for antimony. 
(2) 1,000 parts per million for barium. 
(3) 75 parts per million for cadmium. 
(4) 60 parts per million for chromium. 
(b) PENALTIES.—Any failure of a person to comply 
with subsection (a) shall be treated as a violation of sec-
tion 4 of the Federal Hazardous Substances Act (15 
U.S.C. 1263) and subject to the penalties set forth in sec-
tion 5 of such Act (15 U.S.C. 1264). 
SEC. 4. ALTERNATIVE MEASURES OF HEAVY METAL CON-
TENT. 
Not later than 90 days after the date of enactment 
of this Act, the Consumer Product Safety Commission 
shall establish a measurement standard for antimony, bar-
ium, cadmium, and chromium based on a units-of-mass- 
per-area standard that is statistically comparable to the 
parts-per-million measurement standard currently used. 
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ucts or substances that is established pursuant to State 
law that was in effect on August 31, 2003. 
SEC. 7. EFFECTIVE DATE. 
This Act shall take effect on the date of the enact-
ment of this Act and shall apply with respect to children’s 
products manufactured on or after the date that is 90 
days after such date of enactment. 
Æ 
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