I 
111TH CONGRESS 
1ST SESSION H. R. 1046 
To ensure the effective implementation of children’s product safety standards 
under the Consumer Product Safety Improvement Act of 2008. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2009 
Mr. PUTNAM (for himself and Mr. PLATTS) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To ensure the effective implementation of children’s product 
safety standards under the Consumer Product Safety 
Improvement Act of 2008. 
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 Product 
Safety Enhancement and Clarification Act of 2009’’. 
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SEC. 2. MANDATORY EXCLUSION OF FABRIC PRODUCTS 
FROM LEAD LIMITS; SPECIAL CONSIDER-
ATIONS IN ENFORCEMENT WITH RESPECT TO 
SMALL BUSINESSES, THRIFT STORES SELL-
ING USED GOODS, AND DONATIONS TO CHAR-
ITIES. 
(a) MANDATORY EXCLUSION OF FABRIC PRODUCTS 
FROM LEAD LIMITS.—Section 101(b) of the Consumer 
Product Safety Improvement Act of 2008 (15 U.S.C. 
1278a(b)) is amended by adding at the end the following: 
‘‘(6) MANDATORY EXCLUSION OF FABRIC PROD-
UCTS.—Subsection (a) of this section shall not apply 
to a children’s product (as defined in section 
3(a)(16) of the Consumer Product Safety Act) made 
solely out of fabric (as defined in section 2(f) of the 
Textile Fiber Products Identification Act).’’. 
(b) SPECIAL CONSIDERATIONS
IN ENFORCEMENT 
WITH RESPECT TO SMALL BUSINESSES, THRIFT STORES 
SELLING USED GOODS, AND DONATIONS
TO CHAR-
ITIES.—Section 101 of such Act (15 U.S.C. 1278a) is 
amended by adding at the end the following: 
‘‘(h) SPECIAL CONSIDERATIONS IN ENFORCEMENT 
WITH RESPECT TO SMALL BUSINESSES, THRIFT STORES 
SELLING USED GOODS, AND DONATIONS
TO CHAR-
ITIES.— 
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‘‘(1) IN GENERAL.—In enforcing this section 
with respect to an entity described in paragraph (2), 
or a donation described in paragraph (3) made or to 
be made by any entity, the Commission shall do the 
following: 
‘‘(A) Work cooperatively with the entity. 
‘‘(B) Take into account economic, adminis-
trative, or other limits on the ability of the enti-
ty to comply with this section. 
‘‘(C) Construe this section, as it applies to 
the entity or the donation, favorably to the enti-
ty. 
‘‘(2) ENTITY
DESCRIBED.—An entity is de-
scribed in this paragraph if the entity— 
‘‘(A) has made a good faith effort to com-
ply with this section; and 
‘‘(B) is any of the following: 
‘‘(i) A business concern that meets 
the requirements of section 3(a) of the 
Small Business Act and the regulations 
promulgated pursuant to that section. 
‘‘(ii) A person who sells, including on 
consignment, a children’s product (as de-
fined in section 3(a)(16) of the Consumer 
Product Safety Act) that, when sold or of-
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fered for sale, has been previously pur-
chased by a consumer. 
‘‘(3) DONATION DESCRIBED.—A donation is de-
scribed in this paragraph if the donation is of a chil-
dren’s product (as defined in section 3(a)(16) of the 
Consumer Product Safety Act) by a person to an or-
ganization that is— 
‘‘(A) described in section 501(c)(3) of the 
Internal Revenue Code of 1986; and 
‘‘(B) exempt from taxation under section 
501(a) of such Code.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of section 101 of the Consumer Product Safety Im-
provement Act of 2008. 
SEC. 3. EXEMPTION OF FABRIC PRODUCTS FROM MANDA-
TORY THIRD PARTY TESTING. 
(a) IN GENERAL.—Section 14(a)(2) of the Consumer 
Product Safety Act (15 U.S.C. 2063(a)(2)), as amended 
by section 102(a)(2) of the Consumer Product Safety Im-
provement Act of 2008, is amended by inserting after ‘‘a 
children’s product safety rule’’ the following: ‘‘(except a 
children’s product made solely out of fabric (as defined 
in section 2(f) of the Textile Fiber Products Identification 
Act))’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of section 102 of the Consumer Product Safety Im-
provement Act of 2008. 
Æ 
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