I 
111TH CONGRESS 
1ST SESSION H. R. 1465 
To amend the Consumer Product Safety Act to provide regulatory relief 
to small and family-owned businesses. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2009 
Mr. ELLSWORTH 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. CERTAIN REQUIREMENTS INAPPLICABLE TO 
SECOND-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- 
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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; 
‘‘(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.’’. 
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SEC. 2. 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 
(6) by striking ‘‘3 years’’ in paragraph (2)(D) 
and inserting ‘‘31⁄2 years’’. 
(b) APPLICATION.—The amendments made by sub-
section (a) shall be treated as having taken effect on Au-
gust 15, 2008. 
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