SEC. 2. MANDATORY TESTING FOR CERTAIN CHILDREN’S 
PRODUCTS. 
(a) MANDATORY AND THIRD-PARTY TESTING.—Sec-
tion 14 of the Consumer Product Safety Act (15 U.S.C. 
2063(b)) is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘The Commission’’ and in-
serting ‘‘(1) The Commission’’; 
(B) by adding at the end the following: 
‘‘(2) In the case of a children’s product subject 
to a consumer product safety standard under this 
Act, the Commission shall prescribe a comprehensive 
testing program for such products that— 
‘‘(A) is designed to insure that all chil-
dren’s products conform to all applicable con-
sumer product safety standards; 
‘‘(B) includes testing for multiple stages of 
production, including development, pre-produc-
tion, production, assembly, and packaging; and 
‘‘(C) shall be conducted by a nongovern-
mental independent third party qualified to per-
form such tests or testing programs.’’; and 
(2) by adding at the end the following: 
‘‘(d) DEFINITIONS.—The term ‘children’s product’ 
means a toy or other article intended for use by a child 
under 60 months of age that is introduced into the inter-
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state stream of commerce. In determining whether a toy 
or article is intended for use by a child under 60 months 
of age, the following factors shall be considered: 
‘‘(1) A statement by a manufacturer about the 
intended use of such toy or article, including a label 
on such toy or article, if such statement is reason-
able. 
‘‘(2) The context and manner of the adver-
tising, promotion, and marketing associated with the 
toy or article. 
‘‘(3) Whether the toy or article is commonly 
recognized by consumers as being intended for use 
by a child under 60 months of age. 
‘‘(4) The Age Determination Guideline issued 
by the Consumer Product Safety Commission in 
September 2002 and any subsequent version of such 
Guideline.’’. 
SEC. 3. CPSC NOTIFICATION OF VOLUNTARY MANUFAC-
TURER RECALLS. 
Section 15 of the Consumer Product Safety Act is 
amended by adding at the end the following: 
‘‘(i) NOTIFICATION OF RECALLED PRODUCTS.—Not 
later than 48 hours after the Commission is formally noti-
fied of any voluntary recall of any consumer product self- 
initiated by a manufacturer (or a retailer in the case of 
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a retailer selling a product under its own label), or issues 
an order under subsection (c) or (d) with respect to any 
product, the Commission shall— 
‘‘(1) post a notice of such recall or order on the 
Internet website maintained by the Commission 
which shall include the name and description of the 
product and the reason for the recall; and 
‘‘(2) notify the State Health Department of 
each State of the recall or order.’’. 
SEC. 4. TRACKING LABEL’S FOR CHILDREN’S PRODUCTS. 
Section 14(a) of the Consumer Product Safety Act 
(15 U.S.C. 2063(a)) is further amended by adding at the 
end the following: 
‘‘(6) The manufacturer of a children’s product 
shall place distinguishing marks on the product or 
its packaging that will enable the ultimate purchaser 
to ascertain the source, date, and other production 
information of the product by reference to those 
marks.’’. 
SEC. 5. DATABASE OF CERTAIN PRODUCTION FACILITIES. 
Not later than 3 months after the date of enactment 
of this Act, the Consumer Product Safety Commission 
shall establish a database to serve as a clearinghouse for 
the submission and exchange of information regarding fac-
tories, warehouses, or other facilities where consumer 
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products which have been subject to a recall were manu-
factured. The database shall include the names and loca-
tions of such facilities, a description of the types of prod-
ucts known to have been produced in such facilities, and 
the reasons such products were recalled. The database 
shall not contain proprietary information or information 
regarding confidential business relationships. 
Æ 
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