I 
110TH CONGRESS 
1ST SESSION H. R. 4850 
To amend the Consumer Product Safety Act to increase the civil penalties 
for certain violations relating to children’s products containing lead. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 19, 2007 
Ms. JACKSON-LEE of Texas (for herself, Mr. LEWIS of Georgia, Ms. CLARKE, 
and Mr. MEEK of Florida) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce 
A BILL 
To amend the Consumer Product Safety Act to increase 
the civil penalties for certain violations relating to chil-
dren’s products containing lead. 
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 ‘‘Sanctions to Eliminate 
Products Unsafe to the Public Act of 2007’’ or the ‘‘STEP 
UP Act of 2007’’. 
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SEC. 2. CERTIFICATION OF COMPLIANCE OF CHILDREN’S 
PRODUCTS WITH CONSUMER PRODUCT SAFE-
TY RULES. 
(a) 
EXPANSION
OF
CERTIFICATION
REQUIRE-
MENT.—Subsection (a) of section 14 of the Consumer 
Product Safety Act (15 U.S.C. 2063) is amended— 
(1) by redesignating paragraph (2) as para-
graph (5); 
(2) in paragraph (1)— 
(A) by striking ‘‘Every manufacturer’’ and 
inserting ‘‘Except as provided in paragraph 
(2),’’; and 
(B) by designating the second and third 
sentences as paragraphs (3) and (4), respec-
tively, and indenting the margin of such para-
graphs, as so designated, 2 ems from the left 
margin; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) Every manufacturer of a children’s prod-
uct (and the private labeler of such product if it 
bears a private label) which is subject to a consumer 
product safety standard under this Act or a rule 
under this or any other Act administered by the 
Commission declaring a consumer product a banned 
hazardous product shall issue a certificate which 
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shall certify that such product conforms to such con-
sumer product safety standard or is not a banned 
hazardous product under such rule, and shall specify 
such consumer product safety standard or such 
rule.’’; 
(4) in paragraph (3), as redesignated by para-
graph (2)(B), by striking ‘‘Such certificate shall’’ 
and inserting ‘‘A certificate required under this sub-
section shall’’; and 
(5) in paragraph (5), as redesignated by para-
graph (1)— 
(A) by striking ‘‘required by paragraph (1) 
of this subsection’’ and inserting ‘‘required by 
paragraph (1) or (2) (as the case may be)’’; 
and 
(B) by striking ‘‘requirement under para-
graph (1)’’ and inserting ‘‘requirement under 
paragraph (1) or (2) (as the case may be)’’. 
(b) THIRD-PARTY CERTIFICATION REQUIRED.—Sub-
section 14(b) of the Consumer Product Safety Act (15 
U.S.C. 2063(b)) is amended— 
(1) by striking ‘‘The Commission may’’ and in-
serting ‘‘(1) The Commission may’’; 
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(2) by designating the second sentence as para-
graph (2) and indenting the margin of such para-
graph, as so designated, 2 ems from the left margin; 
(3) in paragraph (2), as so designated, by strik-
ing ‘‘Any test or’’ and inserting ‘‘Except as provided 
in paragraph (3), any test or’’; and 
(4) by adding at the end the following: 
‘‘(3) In the case of a children’s product, any 
test or testing program on the basis of which a cer-
tificate is issued under subsection (a)(2) shall be 
conducted by a nongovernmental independent third 
party qualified to perform such tests or testing pro-
grams.’’. 
(c) DEFINITION
OF CHILDREN’S PRODUCTS
AND 
INDEPENDENT THIRD PARTY.—Section 14 of the Con-
sumer Product Safety Act (15 U.S.C. 2063) is amended 
by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section the following 
definitions apply: 
‘‘(1) CHILDREN’S PRODUCT.—The term ‘chil-
dren’s product’ means a toy or other article intended 
for use by a child under 60 months of age that is 
introduced into the interstate stream of commerce. 
In determining whether a toy or article is intended 
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for use by a child under 60 months of age, the fol-
lowing factors shall be considered: 
‘‘(A) A statement by a manufacturer about 
the intended use of such toy or article, includ-
ing a label on such toy or article, if such state-
ment is reasonable. 
‘‘(B) The context and manner of the ad-
vertising, promotion, and marketing associated 
with the toy or article. 
‘‘(C) Whether the toy or article is com-
monly recognized by consumers as being in-
tended for use by a child under 60 months of 
age. 
‘‘(D) The Age Determination Guideline 
issued by the Consumer Product Safety Com-
mission in September 2002 and any subsequent 
version of such Guideline. 
‘‘(2) INDEPENDENT THIRD PARTY.—The term 
‘independent third party’, with respect to a testing 
entity, means an independent testing entity that is 
physically separate from any manufacturer or pri-
vate labeler whose product will be tested by such en-
tity, and is not owned, managed, controlled, or di-
rected by such manufacturer or private labeler.’’. 
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(d) LABEL AND CERTIFICATION.—Not later than 180 
days after the date of the enactment of this Act, the Con-
sumer Product Safety Commission shall prescribe a rule 
in accordance with subsection (c) of section 14 of the Con-
sumer Product Safety Act (15 U.S.C. 2063) for children’s 
products described in subsection (d)(1) of such section, as 
added by subsection (c) of this section. 
SEC. 3. PROHIBITION ON IMPORTS OF CHILDREN’S PROD-
UCTS WITHOUT THIRD-PARTY TESTING CER-
TIFICATION. 
Section 17(a) of the Consumer Product Safety Act 
(15 U.S.C. 2066) is amended— 
(1) in paragraph (4), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting a semicolon and ‘‘or’’; and 
(3) by adding at the end the following: 
‘‘(6) is a children’s product, as that term is de-
fined in section 14(d), that is not accompanied by a 
certificate from a third-party verification entity re-
quired by section 14(a)(2).’’. 
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SEC. 4. CIVIL PENALTIES FOR CHILDREN’S PRODUCTS CON-
TAINING LEAD. 
Section 20(a) of the Consumer Product Safety Act 
(15 U.S.C. 2069(a)) is amended by adding at the end the 
following: 
‘‘(4) Notwithstanding the civil penalties set forth in 
paragraph (1), if the violations described in such para-
graph involve any children’s product (as defined in section 
14(d)(1)) that contains lead in violation of an applicable 
consumer product safety standard, the applicable civil pen-
alty shall be in an amount not to exceed $20,000 for each 
violation, and a maximum civil penalty not to exceed 
$10,000,000 for any related series of violations.’’. 
Æ 
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