I 
111TH CONGRESS 
2D SESSION 
H. R. 4428 
To prohibit the manufacture, sale, or distribution in commerce of children’s 
jewelry containing cadmium, barium, or antimony, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2010 
Ms. SPEIER (for herself, Ms. DELAURO, Ms. SCHAKOWSKY, Mr. ISRAEL, Ms. 
SUTTON, and Mr. PERRIELLO) 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 jewelry containing cadmium, 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 ‘‘Children’s Toxic Met-
als Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ANTIMONY.—The term ‘‘antimony’’ means 
elemental antimony (Sb) and any compounds or al-
loys which contain antimony. 
(2) BARIUM.—The term ‘‘barium’’ means ele-
mental barium (Ba) and any compounds or alloys 
which contain barium. 
(3) CADMIUM.—The term ‘‘cadmium’’ means 
elemental cadmium (Cd) and any compounds or al-
loys which contain cadmium. 
(4) CHILDREN’S JEWELRY.— 
(A) IN
GENERAL.—The term ‘‘children’s 
jewelry’’ means any jewelry, including charms, 
bracelets, pendants, necklaces, earrings, or 
rings, that is designed or intended to be worn 
or used by children 12 years of age or younger 
and is sold or distributed at retail. 
(B) DETERMINATION OF INTENTION FOR 
WEAR OR USE BY CHILDREN.—In determining 
under subparagraph (A) whether jewelry is de-
signed or intended for wear or use by children 
12 years of age or younger, the following fac-
tors shall be considered: 
(i) A statement by a manufacturer 
about the intended use of the product if 
such statement is reasonable. 
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(ii) Any label on the product. 
(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) COMMISSION.—The term ‘‘Commission’’ 
means the Consumer Product Safety Commission. 
(6) SOLD OR DISTRIBUTED AT RETAIL.—The 
term ‘‘sold or distributed at retail’’ means sold or 
distributed to a consumer, but does not include sell-
ing activity that is intermittent. 
SEC. 3. BAN ON CERTAIN PRODUCTS CONTAINING CAD-
MIUM, BARIUM OR ANTIMONY. 
(a) TREATMENT
AS BANNED HAZARDOUS SUB-
STANCE.—Any children’s jewelry that is composed in 
whole or in part of cadmium, barium, or antimony shall 
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be treated as a banned hazardous substance under the 
Federal Hazardous Substances Act (15 U.S.C. 1261 et 
seq.). 
(b) TREATMENT
AS
A REGULATION UNDER
THE 
FEDERAL HAZARDOUS SUBSTANCES ACT.—The ban im-
posed under subsection (a) shall be treated as regulations 
of the Commission promulgated under or for the enforce-
ment of section 2(q) of the Federal Hazardous Substances 
Act (15 U.S.C. 1261(q)). 
(c) REGULATIONS.—The Commission may prescribe 
regulations to carry out the provisions of this Act. 
SEC. 4. ENFORCEMENT. 
(a) PENALTIES.— 
(1) IN GENERAL.—Any failure of a person sub-
ject to a requirement of section 3 to comply with 
such requirement shall be treated as a violation of 
section 4 of the Federal Hazardous Substances Act 
(15 U.S.C. 1263) and subject to the penalties set 
forth in section 5 of such Act (15 U.S.C. 1264). 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter, the Commission shall submit to Congress 
a report on the actions taken by the Commission to 
enforce the provisions of this Act, including a sum-
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mary of the criminal and civil penalties imposed 
under subsection (a). 
(2) HEAVY
METALS.—Not later than 1 year 
after the date of the enactment of this Act, the 
Commission shall submit a report to Congress re-
garding heavy metals which should be banned from 
children’s products. 
SEC. 5. EFFECT ON FEDERAL AND STATE LAW. 
(a) IN GENERAL.—Nothing in this Act or section 
18(b)(1)(B) of the Federal Hazardous Substances Act (15 
U.S.C. 1261 note) shall affect the authority of any State 
or political subdivision of a State to establish or continue 
in effect a provision of the law of a State or political sub-
division of a State relating to regulation of products con-
taining cadmium, barium, or antimony, except to the ex-
tent that compliance with both State and Federal law is 
impossible. Nothing in this section shall be construed to 
modify or affect any enforcement action or liability of any 
person under the law of any State. 
(b) PRESERVATION OF CERTAIN STATE LAW.—Noth-
ing in this Act shall be construed to preempt or otherwise 
affect any warning requirement relating to consumer prod-
ucts or substances that is established pursuant to State 
law that was in effect on August 31, 2003. 
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SEC. 6. 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 
jewelry manufactured on or after the date that is 90 days 
after such date of enactment. 
Æ 
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