I 
111TH CONGRESS 
1ST SESSION H. R. 1815 
To clarify the applicability of certain provisions in the Consumer Product 
Safety Improvement Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2009 
Mr. BARTON of Texas (for himself, Mr. RADANOVICH, Mr. ROGERS of Michi-
gan, Mrs. BLACKBURN, Mr. SESSIONS, Mr. WHITFIELD, Mrs. MYRICK, 
Mr. BLUNT, Mr. GALLEGLY, Mr. GINGREY of Georgia, Mr. SULLIVAN, 
Mr. BARTLETT, Mr. PUTNAM, Mr. TERRY, Mr. STEARNS, Mr. PITTS, and 
Mr. THORNBERRY) introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To clarify the applicability of certain provisions in the Con-
sumer Product Safety Improvement Act, 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 ‘‘Consumer Product 
Safety Solutions Act of 2009’’. 
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SEC. 2. PROSPECTIVE APPLICATION OF LEAD LIMITS AND 
THIRD PARTY TESTING REQUIREMENTS. 
(a) LEAD CONTENT.—Section 101 of the Consumer 
Product Safety Improvement Act of 2008 (15 U.S.C. 
1278a) is amended— 
(1) by redesignating subsection (b) through (g) 
as subsections (c) through (h), respectively; 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) APPLICATION.— 
‘‘(1) 600 PARTS
PER
MILLION.—Subsection 
(a)(2)(A) shall apply beginning February 10, 2009, 
only to any children’s product that is manufactured 
after such date, and after February 9, 2010, to any 
children’s product regardless of the date of manufac-
ture. 
‘‘(2) 300 PARTS
PER
MILLION.—Subsection 
(a)(2)(B) shall apply beginning 2 years after the 
date of enactment of this Act only to any children’s 
product that is manufactured after such date, and 
beginning 3 years after the date of enactment of this 
Act, to any children’s product regardless of the date 
of manufacture.’’; 
(3) in subsection (e)(2), by striking ‘‘subsection 
(b)’’ and inserting ‘‘subsection (c)’’; and 
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(4) in subsection (g), by striking ‘‘or (b)’’ and 
inserting ‘‘or (c)’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsections (a) shall be treated as having taken effect on 
August 15, 2008. 
SEC. 3. PROSPECTIVE APPLICATION OF PHTHALATES PRO-
HIBITION. 
(a) APPLICATION OF PHTHALATES PROHIBITION.— 
Section 108 of the Consumer Product Safety Improvement 
Act of 2008 (15 U.S.C. 1257c) is amended— 
(1) by redesignated subsections (c) through (e) 
as subsection (d) through (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) APPLICATION.—Subsections (a) and (b)(1) and 
any rule promulgated under subsection (b)(3) shall apply 
beginning February 10, 2009, only to any children’s prod-
uct that is manufactured after such date, and after Feb-
ruary 9, 2010, to any children’s product regardless of the 
date of manufacture.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsections (a) shall be treated as having taken effect on 
August 15, 2008. 
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SEC. 4. CLARIFICATION OF TESTING METHODOLOGIES. 
(a) RULEMAKING.—Not later than 180 days after the 
date of enactment of this Act, the Consumer Product 
Safety Commission shall promulgate a rule setting forth 
the testing methodology or methodologies which the Com-
mission determines shall be used for purposes of deter-
mining compliance with sections 101(a) and 108 of the 
Consumer Product Safety Improvement Act of 2008 (15 
U.S.C. 1278a(a); 2057c). 
(b) EFFECTIVE DATE FOR CONFORMITY CERTIFI-
CATION.—Section 14(a)(1) of the Consumer Product Safe-
ty Act (15 U.S.C. 2063(a)(1)) is amended by striking 
‘‘Except as provided’’ and inserting ‘‘Beginning 90 days 
after the issuance of a rule required by section 4(a) of 
the Consumer Product Safety Solutions Act of 2009 ex-
cept as provided’’. 
(c) TEMPORARY RULE OF COMPLIANCE.—Beginning 
February 10, 2009, and continuing until a rule is promul-
gated under subsection (a), any children’s product that is 
tested for conformity with the requirements of section 
101(a) and section 108 of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 1278a(a); 2057c) 
and certified pursuant to section 14(a)(1) of the Con-
sumer Product Safety Act (15 U.S.C. 2063(a)(1)) shall 
be considered to be in compliance with such section if such 
children’s product was tested in good faith and in accord-
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ance with a reasonable testing methodology and the prod-
uct was certified based on the results of such testing. 
SEC. 5. EXCLUSION OF CERTAIN MATERIALS FROM LEAD 
CONTENT LIMIT. 
Section 101(c)(1) of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 1278a(c)(1)) (as re-
designated by section 1) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘material will neither—’’ and inserting 
‘‘material—’’ 
(2) in subparagraph (A)— 
(A) by striking ‘‘result in the absorption of 
any lead into the human body’’ and inserting 
‘‘will not result in the absorption of lead into 
the human body in excess of the amounts set 
forth under subsection (a)(2)’’; 
(B) by inserting ‘‘of the age for which the 
product is intended’’ after ‘‘child’’; and 
(C) by striking ‘‘nor’’ and inserting ‘‘or’’; 
and 
(3) in subparagraph (B), by striking ‘‘have any 
other’’ and inserting ‘‘will not have any’’. 
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SEC. 6. WAIVER OF THIRD PARTY TESTING REQUIREMENT 
FOR CERTAIN COMPONENT PARTS. 
Section 14(g) of the Consumer Product Safety Act 
(15 U.S.C. 2063(g)) is amended by adding at the end the 
following: 
‘‘(5) SPECIAL RULE FOR LEAD CONTENT AND 
PHTHALATE
CONTENT
TESTING
AND
CERTIFI-
CATION.—Subsection (a) shall not require the manu-
facturer or private labeler of a children’s product to 
test such product for, or certify it with respect to, 
lead content or phthalate content, as applicable, if— 
‘‘(A) each component of the product that is 
required to be tested for compliance with sec-
tions 101(a) and 108 of the Consumer Product 
Safety Improvement Act of 2008 (15 U.S.C. 
1278a(a); 2057c) has been tested for lead con-
tent or phthalate content, as applicable, by the 
manufacturer or private labeler of the compo-
nent; and 
‘‘(B) the manufacturer or private labeler of 
each such component certifies that the compo-
nent does not contain more lead than the limit 
established by subsection (a)(2) and (f) of sec-
tion 101 of the Consumer Product Safety Im-
provement Act of 2008 (15 U.S.C. 1278a(a)(2) 
and (f)) or the applicable phthalate limit in ef-
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fect under section 108 of such Act, as applica-
ble.’’. 
SEC. 7. EXEMPTIONS FROM TRACKING LABEL REQUIRE-
MENTS. 
Section 14(a)(5) of the Consumer Product Safety Act 
(15 U.S.C. 2063(a)(5)) is amended— 
(1) by striking ‘‘Effective’’ and inserting ‘‘(A) 
IN GENERAL—Effective’’; 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) COMMISSION
EXEMPTIVE
AUTHOR-
ITY.—The Commission may, by rule, exempt or 
modify any of the requirements of this section 
for any product or product category, if the 
Commission determines such requirement to be 
unduly burdensome or cost prohibitive in rela-
tionship to the potential risk presented by such 
product or product category, or not practical 
due to the intended use of such product or 
product category.’’. 
SEC. 8. GENERAL APPLICATION AND EXEMPTIVE AUTHOR-
ITY. 
Section 3 of the Consumer Product Safety Improve-
ment Act of 2008 (15 U.S.C. 2051 note) is amended— 
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(1) by striking ‘‘The’’ and inserting ‘‘(a) IN 
GENERAL.—The’’; and 
(2) by adding at the end the following: 
‘‘(b) AUTHORITY TO EXTEND OR DELAY EFFECTIVE 
DATES.—The Commission may extend the application of 
the effective date of any provision of this Act or the 
amendments made by this Act with respect to any par-
ticular manufacturer, distributer, or retailer or class of 
manufacturers, distributors, or retailers if the Commission 
determines that a delay would better promote public safety 
and that a later effective date is in the public interest and 
publishes the reason for such a determination. 
‘‘(c) EXEMPTIVE
AUTHORITY.—The Commission 
may exempt a particular manufacturer, distributor, or re-
tailer or class of manufacturers, distributors, or retailers 
from any provision of this Act or the amendments made 
by this Act if the Commission determines that a delay 
would better promote public safety and that such exemp-
tion is in the public interest and publishes the reason for 
such determination.’’. 
SEC. 9. COMPLIANCE GUIDANCE FOR SMALL BUSINESSES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Consumer Product 
Safety Commission shall develop and make available on 
the Commission’s Internet website a compliance guide to 
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assist small businesses in complying with the requirements 
of the Consumer Product Safety Act (15 U.S.C. 2051 et 
seq.) and other Acts enforced by the Commission. 
(b) CONTENTS.—The guide— 
(1) shall be designed to assist small businesses 
to determine— 
(A) whether the Consumer Product Safety 
Act (or any other Act enforced by the Commis-
sion) applies to their business activities; 
(B) whether they are considered distribu-
tors, manufacturers, private labelers, or retail-
ers under such Act or Acts; and 
(C) which rules, standards, regulations, or 
statutory requirements apply to their business 
activities; 
(2) shall provide guidance on how to comply 
with any such applicable rule, standard, regulation, 
or requirement, including— 
(A) what actions they should take to en-
sure that they meet the requirements; and 
(B) how to determine whether they have 
met the requirements; and 
(3) may contain such additional information as 
the Commission considers appropriate, including 
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telephone, e-mail, and Internet contacts for compli-
ance support and information. 
Æ 
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