H. R. 4040 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
An Act 
To establish consumer product safety standards and other safety requirements 
for children’s products and to reauthorize and modernize the Consumer Product 
Safety Commission. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Consumer 
Product Safety Improvement Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
Sec. 3. Authority to issue implementing regulations. 
TITLE I—CHILDREN’S PRODUCT SAFETY 
Sec. 101. Children’s products containing lead; lead paint rule. 
Sec. 102. Mandatory third party testing for certain children’s products. 
Sec. 103. Tracking labels for children’s products. 
Sec. 104. Standards and consumer registration of durable nursery products. 
Sec. 105. Labeling requirement for advertising toys and games. 
Sec. 106. Mandatory toy safety standards. 
Sec. 107. Study of preventable injuries and deaths in minority children related to 
consumer products. 
Sec. 108. Prohibition on sale of certain products containing specified phthalates. 
TITLE II—CONSUMER PRODUCT SAFETY COMMISSION REFORM 
Subtitle A—Administrative Improvements 
Sec. 201. Reauthorization of the Commission. 
Sec. 202. Full Commission requirement; interim quorum; personnel. 
Sec. 203. Submission of copy of certain documents to Congress. 
Sec. 204. Expedited rulemaking. 
Sec. 205. Inspector general audits and reports. 
Sec. 206. Industry-sponsored travel ban. 
Sec. 207. Sharing of information with Federal, State, local, and foreign government 
agencies. 
Sec. 208. Employee training exchanges. 
Sec. 209. Annual reporting requirement. 
Subtitle B—Enhanced Enforcement Authority 
Sec. 211. Public disclosure of information. 
Sec. 212. Establishment of a public consumer product safety database. 
Sec. 213. Prohibition on stockpiling under other Commission-enforced statutes. 
Sec. 214. Enhanced recall authority and corrective action plans. 
Sec. 215. Inspection of firewalled conformity assessment bodies; identification of 
supply chain. 
Sec. 216. Prohibited acts. 
Sec. 217. Penalties. 
Sec. 218. Enforcement by State attorneys general. 
Sec. 219. Whistleblower protections.
H. R. 4040—2 
Subtitle C—Specific Import-Export Provisions 
Sec. 221. Export of recalled and non-conforming products. 
Sec. 222. Import safety management and interagency cooperation. 
Sec. 223. Substantial product hazard list and destruction of noncompliant imported 
products. 
Sec. 224. Financial responsibility. 
Sec. 225. Study and report on effectiveness of authorities relating to safety of im-
ported consumer products. 
Subtitle D—Miscellaneous Provisions and Conforming Amendments 
Sec. 231. Preemption. 
Sec. 232. All-terrain vehicle standard. 
Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970. 
Sec. 234. Study on use of formaldehyde in manufacturing of textile and apparel ar-
ticles. 
Sec. 235. Technical and conforming changes. 
Sec. 236. Expedited judicial review. 
Sec. 237. Repeal. 
Sec. 238. Pool and Spa Safety Act technical amendments. 
Sec. 239. Effective dates and Severability. 
SEC. 2. REFERENCES. 
(a) DEFINED TERMS.—As used in this Act— 
(1) the term ‘‘appropriate Congressional committees’’ means 
the Committee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(2) the term ‘‘Commission’’ means the Consumer Product 
Safety Commission. 
(b) CONSUMER PRODUCT SAFETY ACT.—Except as otherwise 
expressly provided, whenever in this Act an amendment is 
expressed as an amendment to a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Consumer Product Safety Act (15 U.S.C. 2051 
et seq.). 
SEC. 3. AUTHORITY TO ISSUE IMPLEMENTING REGULATIONS. 
The Commission may issue regulations, as necessary, to imple-
ment this Act and the amendments made by this Act. 
TITLE I—CHILDREN’S PRODUCT SAFETY 
SEC. 101. CHILDREN’S PRODUCTS CONTAINING LEAD; LEAD PAINT 
RULE. 
(a) GENERAL LEAD BAN.— 
(1) TREATMENT
AS
A
BANNED
HAZARDOUS
SUBSTANCE.— 
Except as expressly provided in subsection (b) beginning on 
the dates provided in paragraph (2), any children’s product 
(as defined in section 3(a)(16) of the Consumer Product Safety 
Act (15 U.S.C. 2052(a)(16))) that contains more lead than the 
limit established by paragraph (2) shall be treated as a banned 
hazardous substance under the Federal Hazardous Substances 
Act (15 U.S.C. 1261 et seq.). 
(2) LEAD LIMIT.— 
(A) 600 PARTS PER MILLION.—Except as provided in 
subparagraphs (B), (C), (D), and (E), beginning 180 days 
after the date of enactment of this Act, the lead limit 
referred to in paragraph (1) is 600 parts per million total 
lead content by weight for any part of the product. 
(B) 300 PARTS PER MILLION.—Except as provided by 
subparagraphs (C), (D), and (E), beginning on the date
H. R. 4040—3 
that is 1 year after the date of enactment of this Act, 
the lead limit referred to in paragraph (1) is 300 parts 
per million total lead content by weight for any part of 
the product. 
(C) 100 PARTS PER MILLION.—Except as provided in 
subparagraphs (D) and (E), beginning on the date that 
is 3 years after the date of enactment of this Act, subpara-
graph (B) shall be applied by substituting ‘‘100 parts per 
million’’ for ‘‘300 parts per million’’ unless the Commission 
determines that a limit of 100 parts per million is not 
technologically feasible for a product or product category. 
The Commission may make such a determination only 
after notice and a hearing and after analyzing the public 
health protections associated with substantially reducing 
lead in children’s products. 
(D) ALTERNATE REDUCTION OF LIMIT.—If the Commis-
sion determines under subparagraph (C) that the 100 parts 
per million limit is not technologically feasible for a product 
or product category, the Commission shall, by regulation, 
establish an amount that is the lowest amount of lead, 
lower than 300 parts per million, the Commission deter-
mines to be technologically feasible to achieve for that 
product or product category. The amount of lead established 
by the Commission under the preceding sentence shall 
be substituted for the 300 parts per million limit under 
subparagraph (B) beginning on the date that is 3 years 
after the date of enactment of this Act. 
(E) PERIODIC REVIEW AND FURTHER REDUCTIONS.—The 
Commission shall, based on the best available scientific 
and technical information, periodically review and revise 
downward the limit set forth in this subsection, no less 
frequently than every 5 years after promulgation of the 
limit under subparagraph (C) or (D) to require the lowest 
amount of lead that the Commission determines is techno-
logically feasible to achieve. The amount of lead established 
by the Commission under the preceding sentence shall 
be substituted for the lead limit in effect immediately before 
such revision. 
(b) EXCLUSION
OF CERTAIN MATERIALS
OR PRODUCTS
AND 
INACCESSIBLE COMPONENT PARTS.— 
(1) CERTAIN PRODUCTS OR MATERIALS.—The Commission 
may, by regulation, exclude a specific product or material from 
the prohibition in subsection (a) if the Commission, after notice 
and a hearing, determines on the basis of the best-available, 
objective, peer-reviewed, scientific evidence that lead in such 
product or material will neither— 
(A) result in the absorption of any lead into the human 
body, taking into account normal and reasonably foresee-
able use and abuse of such product by a child, including 
swallowing, mouthing, breaking, or other children’s activi-
ties, and the aging of the product; nor 
(B) have any other adverse impact on public health 
or safety. 
(2) EXCEPTION FOR INACCESSIBLE COMPONENT PARTS.— 
(A) IN GENERAL.—The limits established under sub-
section (a) shall not apply to any component part of a 
children’s product that is not accessible to a child through
H. R. 4040—4 
normal and reasonably foreseeable use and abuse of such 
product, as determined by the Commission. A component 
part is not accessible under this subparagraph if such 
component part is not physically exposed by reason of 
a sealed covering or casing and does not become physically 
exposed through reasonably foreseeable use and abuse of 
the product. Reasonably foreseeable use and abuse shall 
include to, swallowing, mouthing, breaking, or other chil-
dren’s activities, and the aging of the product. 
(B) INACCESSIBILITY PROCEEDING.—Within 1 year after 
the date of enactment of this Act, the Commission shall 
promulgate a rule providing guidance with respect to what 
product components, or classes of components, will be 
considered to be inaccessible for purposes of subparagraph 
(A). 
(C) APPLICATION PENDING CPSC GUIDANCE.—Until the 
Commission promulgates a rule pursuant to subparagraph 
(B), the determination of whether a product component 
is inaccessible to a child shall be made in accordance with 
the requirements laid out in subparagraph (A) for consid-
ering a component to be inaccessible to a child. 
(3) CERTAIN BARRIERS DISQUALIFIED.—For purposes of this 
subsection, paint, coatings, or electroplating may not be consid-
ered to be a barrier that would render lead in the substrate 
inaccessible to a child, or to prevent absorption of any lead 
into the human body, through normal and reasonably foresee-
able use and abuse of the product. 
(4) CERTAIN
ELECTRONIC
DEVICES.—If the Commission 
determines that it is not technologically feasible for certain 
electronic devices, including devices containing batteries, to 
comply with subsection (a), the Commission, by regulation, 
shall— 
(A) issue requirements to eliminate or minimize the 
potential for exposure to and accessibility of lead in such 
electronic devices, which may include requirements that 
such electronic devices be equipped with a child-resistant 
cover or casing that prevents exposure to and accessibility 
of the parts of the product containing lead; and 
(B) establish a schedule by which such electronic 
devices shall be in full compliance with the limits in sub-
section (a), unless the Commission determines that full 
compliance will not be technologically feasible for such 
devices within a schedule set by the Commission. 
(5) PERIODIC
REVIEW.—The Commission shall, based on 
the best available scientific and technical information, periodi-
cally review and revise the regulations promulgated pursuant 
to this subsection no less frequently than every 5 years after 
the first promulgation of a regulation under this subsection 
to make them more stringent and to require the lowest amount 
of lead the Commission determines is technologically feasible 
to achieve. 
(c) APPLICATION WITH ASTM F963.—To the extent that any 
regulation promulgated by the Commission under this section (or 
any section of the Consumer Product Safety Act or any other 
Act enforced by the Commission, as such Acts are affected by 
this section) is inconsistent with the ASTM F963 standard, such
H. R. 4040—5 
promulgated regulation shall supersede the ASTM F963 standard 
to the extent of the inconsistency. 
(d) TECHNOLOGICAL FEASIBILITY DEFINED.—For purposes of this 
section, a limit shall be deemed technologically feasible with regard 
to a product or product category if— 
(1) a product that complies with the limit is commercially 
available in the product category; 
(2) technology to comply with the limit is commercially 
available to manufacturers or is otherwise available within 
the common meaning of the term; 
(3) industrial strategies or devices have been developed 
that are capable or will be capable of achieving such a limit 
by the effective date of the limit and that companies, acting 
in good faith, are generally capable of adopting; or 
(4) alternative practices, best practices, or other operational 
changes would allow the manufacturer to comply with the 
limit. 
(e) PENDING RULEMAKING PROCEEDINGS TO HAVE NO EFFECT.— 
The pendency of a rulemaking proceeding to consider— 
(1) a delay in the effective date of a limit or an alternate 
limit under this section related to technological feasibility, 
(2) an exception for certain products or materials or inacces-
sibility guidance under subsection (b) of this section, or 
(3) any other request for modification of or exemption from 
any regulation, rule, standard, or ban under this Act or any 
other Act enforced by the Commission, 
shall not delay the effect of any provision or limit under this 
section nor shall it stay general enforcement of the requirements 
of this section. 
(f) MORE STRINGENT LEAD PAINT BAN.— 
(1) IN GENERAL.—Effective on the date that is 1 year after 
the date of enactment of this Act, the Commission shall modify 
section 1303.1 of its regulations (16 C.F.R. 1301.1) by sub-
stituting ‘‘0.009 percent’’ for ‘‘0.06 percent’’ in subsection (a) 
of that section. 
(2) PERIODIC
REVIEW
AND
REDUCTION.—The Commission 
shall, no less frequently than every 5 years after the date 
on which the Commission modifies the regulations pursuant 
to paragraph (1), review the limit for lead in paint set forth 
in section 1303.1 of title 16, Code of Federal Regulations (as 
revised by paragraph (1)), and shall by regulation revise down-
ward the limit to require the lowest amount of lead that the 
Commission determines is technologically feasible to achieve. 
(3) METHODS
FOR
SCREENING
LEAD
IN
SMALL
PAINTED 
AREAS.—In order to provide for effective and efficient enforce-
ment of the limit set forth in section 1303.1 of title 16, Code 
of Federal Regulations, the Commission may rely on x-ray 
fluorescence technology or other alternative methods for meas-
uring lead in paint or other surface coatings on products subject 
to such section where the total weight of such paint or surface 
coating is no greater than 10 milligrams or where such paint 
or surface coating covers no more than 1 square centimeter 
of the surface area of such products. Such alternative methods 
for measurement shall not permit more than 2 micrograms 
of lead in a total weight of 10 milligrams or less of paint 
or other surface coating or in a surface area of 1 square centi-
meter or less.
H. R. 4040—6 
(4) ALTERNATIVE METHODS OF MEASURING LEAD IN PAINT 
GENERALLY.— 
(A) STUDY.—Not later than 1 year after the date of 
enactment of this Act, the Commission shall complete a 
study to evaluate the effectiveness, precision, and reliability 
of x-ray fluorescence technology and other alternative 
methods for measuring lead in paint or other surface 
coatings when used on a children’s product or furniture 
article in order to determine compliance with part 1303 
of title 16, Code of Federal Regulations, as modified pursu-
ant to this subsection. 
(B) RULEMAKING.—If the Commission determines, 
based on the study in subparagraph (A), that x-ray fluores-
cence technology or other alternative methods for meas-
uring lead in paint are as effective, precise, and reliable 
as the methodology used by the Commission for compliance 
determinations prior to the date of enactment of this Act, 
the Commission may promulgate regulations governing the 
use of such methods in determining the compliance of 
products with part 1303 of title 16, Code of Federal Regula-
tions, as modified pursuant to this subsection. Any regula-
tions promulgated by the Commission shall ensure that 
such alternative methods are no less effective, precise, and 
reliable than the methodology used by the Commission 
prior to the date of enactment of this Act. 
(5) PERIODIC REVIEW.—The Commission shall, no less fre-
quently than every 5 years after the Commission completes 
the study required by paragraph (4)(A), review and revise any 
methods for measurement utilized by the Commission pursuant 
to paragraph (3) or pursuant to any regulations promulgated 
under paragraph (4) to ensure that such methods are the most 
effective methods available to protect children’s health. The 
Commission shall conduct an ongoing effort to study and 
encourage the further development of alternative methods for 
measuring lead in paint and other surface coating that can 
effectively, precisely, and reliably detect lead levels at or below 
the level set forth in part 1303 of title 16, Code of Federal 
Regulations, or any lower level established by regulation. 
(6) NO EFFECT ON LEGAL LIMIT.—Nothing in paragraph 
(3), nor reliance by the Commission on any alternative method 
of measurement pursuant to such paragraph, nor any rule 
prescribed pursuant to paragraph (4), nor any method estab-
lished pursuant to paragraph (5) shall be construed to alter 
the limit set forth in section 1303 of title 16, Code of Federal 
Regulations, as modified pursuant to this subsection, or provide 
any exemption from such limit. 
(7) CONSTRUCTION.—Nothing in this subsection shall be 
construed to affect the authority of the Commission or any 
other person to use alternative methods for detecting lead as 
a screening method to determine whether further testing or 
action is needed. 
(g) TREATMENT AS A REGULATION UNDER THE FHSA.—Any ban 
imposed by subsection (a) or rule promulgated under subsection 
(a) or (b) of this section, and section 1303.1 of title 16, Code 
of Federal Regulations (as modified pursuant to subsection (f)(1) 
or (2)), or any successor regulation, shall be considered a regulation 
of the Commission promulgated under or for the enforcement of
H. R. 4040—7 
section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 
1261(q)). 
SEC. 102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHIL-
DREN’S PRODUCTS. 
(a) MANDATORY AND THIRD PARTY TESTING.— 
(1) GENERAL CONFORMITY CERTIFICATION.— 
(A) AMENDMENT.—Paragraph (1) of section 14(a) (15 
U.S.C. 2063(a)) is amended to read as follows: 
‘‘(1) GENERAL CONFORMITY CERTIFICATION.—Except as pro-
vided in paragraphs (2) and (3), every manufacturer of a product 
which is subject to a consumer product safety rule under this 
Act or similar rule, ban, standard, or regulation under any 
other Act enforced by the Commission and which is imported 
for consumption or warehousing or distributed in commerce 
(and the private labeler of such product if such product bears 
a private label) shall issue a certificate which— 
‘‘(A) shall certify, based on a test of each product or 
upon a reasonable testing program, that such product com-
plies with all rules, bans, standards, or regulations 
applicable to the product under this Act or any other Act 
enforced by the Commission; and 
‘‘(B) shall specify each such rule, ban, standard, or 
regulation applicable to the product.’’. 
(B) EFFECTIVE
DATE.—The amendment made by 
subparagraph (A) shall take effect 90 days after the date 
of enactment of this Act. 
(2) THIRD PARTY TESTING REQUIREMENT.—Section 14(2) (15 
U.S.C. 2063(2)) is further amended by redesignating paragraph 
(2) as paragraph (4) and inserting after paragraph (1) the 
following: 
‘‘(2) THIRD PARTY TESTING REQUIREMENT.—Effective on the 
dates provided in paragraph (3), before importing for consump-
tion or warehousing or distributing in commerce any children’s 
product that is subject to a children’s product safety rule, 
every manufacturer of such children’s product (and the private 
labeler of such children’s product if such children’s product 
bears a private label) shall— 
‘‘(A) submit sufficient samples of the children’s product, 
or samples that are identical in all material respects to 
the product, to a third party conformity assessment body 
accredited under paragraph (3) to be tested for compliance 
with such children’s product safety rule; and 
‘‘(B) based on such testing, issue a certificate that 
certifies that such children’s product complies with the 
children’s product safety rule based on the assessment 
of a third party conformity assessment body accredited 
to conduct such tests. 
A manufacturer or private labeler shall issue either a separate 
certificate for each children’s product safety rule applicable 
to a product or a combined certificate that certifies compliance 
with all applicable children’s product safety rules, in which 
case each such rule shall be specified. 
‘‘(3) SCHEDULE
FOR
IMPLEMENTATION
OF
THIRD
PARTY 
TESTING.— 
‘‘(A) GENERAL APPLICATION.—Except as provided under 
subparagraph (F), the requirements of paragraph (2) shall
H. R. 4040—8 
apply to any children’s product manufactured more than 
90 days after the Commission has established and pub-
lished notice of the requirements for accreditation of third 
party conformity assessment bodies to assess conformity 
with a children’s product safety rule to which such chil-
dren’s product is subject. 
‘‘(B) TIME LINE FOR ACCREDITATION.— 
‘‘(i) LEAD
PAINT.—Not later than 30 days after 
the date of enactment of the Consumer Product Safety 
Improvement Act of 2008, the Commission shall pub-
lish notice of the requirements for accreditation of third 
party conformity assessment bodies to assess con-
formity with part 1303 of title 16, Code of Federal 
Regulations. 
‘‘(ii) FULL-SIZE CRIBS; NON FULL-SIZE CRIBS; PAC-
IFIERS.—Not later than 60 days after the date of enact-
ment of the Consumer Product Safety Improvement 
Act of 2008, the Commission shall publish notice of 
the requirements for accreditation of third party con-
formity assessment bodies to assess conformity with 
parts 1508, 1509, and 1511 of such title. 
‘‘(iii) SMALL PARTS.—Not later than 90 days after 
the date of enactment of the Consumer Product Safety 
Improvement Act of 2008, the Commission shall pub-
lish notice of the requirements for accreditation of third 
party conformity assessment bodies to assess con-
formity with part 1501 of such title. 
‘‘(iv) CHILDREN’S METAL JEWELRY.—Not later than 
120 days after the date of enactment of the Consumer 
Product Safety Improvement Act of 2008, the Commis-
sion shall publish notice of the requirements for 
accreditation of third party conformity assessment 
bodies to assess conformity with the requirements of 
section 101(a)(2) of such Act with respect to children’s 
metal jewelry. 
‘‘(v) BABY BOUNCERS, WALKERS, AND JUMPERS.— 
Not later than 210 days after the date of enactment 
of the Consumer Product Safety Improvement Act of 
2008, the Commission shall publish notice of the 
requirements for accreditation of third party con-
formity assessment bodies to assess conformity with 
parts 1500.18(a)(6) and 1500.86(a) of such title. 
‘‘(vi) ALL
OTHER
CHILDREN’S
PRODUCT
SAFETY 
RULES.—The Commission shall publish notice of the 
requirements for accreditation of third party con-
formity assessment bodies to assess conformity with 
other children’s product safety rules at the earliest 
practicable date, but in no case later than 10 months 
after the date of enactment of the Consumer Product 
Safety Improvement Act of 2008, or, in the case of 
children’s product safety rules established or revised 
1 year or more after such date of enactment, not later 
than 90 days before such rules or revisions take effect. 
‘‘(C) ACCREDITATION.—Accreditation of third party con-
formity assessment bodies pursuant to the requirements 
established under subparagraph (B) may be conducted
H. R. 4040—9 
either by the Commission or by an independent accredita-
tion organization designated by the Commission. 
‘‘(D) PERIODIC REVIEW.—The Commission shall periodi-
cally review and revise the accreditation requirements 
established under subparagraph (B) to ensure that the 
requirements assure the highest conformity assessment 
body quality that is feasible. 
‘‘(E) PUBLICATION
OF
ACCREDITED
ENTITIES.—The 
Commission shall maintain on its Internet website an up- 
to-date list of entities that have been accredited to assess 
conformity with children’s product safety rules in accord-
ance with the requirements published by the Commission 
under this paragraph. 
‘‘(F) EXTENSION.—If the Commission determines that 
an insufficient number of third party conformity assess-
ment bodies have been accredited to permit certification 
for a children’s product safety rule under the accelerated 
schedule required by this paragraph, the Commission may 
extend the deadline for certification to such rule by not 
more than 60 days. 
‘‘(G) RULEMAKING.—Until the date that is 3 years after 
the Consumer Product Safety Improvement Act of 2008, 
Commission proceedings under this paragraph shall be 
exempt from the requirements of sections 553 and 601 
through 612 of title 5, United States Code.’’. 
(3) CONFORMING AMENDMENTS.—Section 14(a)(4) (15 U.S.C. 
2063(a)(4)), as redesignated by paragraph (2) of this subsection, 
is amended— 
(A) by striking ‘‘required by paragraph (1) of this sub-
section’’ and inserting ‘‘required under paragraph (1), (2), 
or (3)’’; and 
(B) by striking ‘‘requirement under paragraph (1)’’ and 
inserting ‘‘requirement under paragraph (1), (2), or (3)’’. 
(b) ADDITIONAL REQUIREMENTS; DEFINITIONS.—Section 14 (15 
U.S.C. 2063) is further amended by adding at the end the following: 
‘‘(d) ADDITIONAL REGULATIONS FOR THIRD PARTY TESTING.— 
‘‘(1) AUDIT.—Not later than 10 months after the date of 
enactment of the Consumer Product Safety Improvement Act 
of 2008, the Commission shall by regulation establish require-
ments for the periodic audit of third party conformity assess-
ment bodies as a condition for the continuing accreditation 
of such conformity assessment bodies under subsection (a)(3)(C). 
‘‘(2) COMPLIANCE; CONTINUING
TESTING.—Not later than 
15 months after the date of enactment of the Consumer Product 
Safety Improvement Act of 2008, the Commission shall by 
regulation— 
‘‘(A) initiate a program by which a manufacturer or 
private labeler may label a consumer product as complying 
with the certification requirements of subsection (a); and 
‘‘(B) establish protocols and standards— 
‘‘(i) for ensuring that a children’s product tested 
for compliance with an applicable children’s product 
safety rule is subject to testing periodically and when 
there has been a material change in the product’s 
design 
or 
manufacturing 
process, 
including 
the 
sourcing of component parts;
H. R. 4040—10 
‘‘(ii) for the testing of random samples to ensure 
continued compliance; 
‘‘(iii) for verifying that a children’s product tested 
by a conformity assessment body complies with 
applicable children’s product safety rules; and 
‘‘(iv) for safeguarding against the exercise of undue 
influence on a third party conformity assessment body 
by a manufacturer or private labeler. 
‘‘(e) WITHDRAWAL OF ACCREDITATION.— 
‘‘(1) IN
GENERAL.—The Commission may withdraw its 
accreditation or its acceptance of the accreditation of a third 
party conformity assessment body accredited under this section 
if the Commission finds, after notice and investigation, that— 
‘‘(A) a manufacturer, private labeler, or governmental 
entity has exerted undue influence on such conformity 
assessment body or otherwise interfered with or com-
promised the integrity of the testing process with respect 
to the certification of a children’s product under this sec-
tion; or 
‘‘(B) such conformity assessment body failed to comply 
with an applicable protocol, standard, or requirement estab-
lished by the Commission under subsection (d). 
‘‘(2) PROCEDURE.—In any proceeding to withdraw the 
accreditation of a conformity assessment body, the Commis-
sion— 
‘‘(A) shall consider the gravity of the conformity assess-
ment body’s action or failure to act, including— 
‘‘(i) whether the action or failure to act resulted 
in injury, death, or the risk of injury or death; 
‘‘(ii) whether the action or failure to act constitutes 
an isolated incident or represents a pattern or practice; 
and 
‘‘(iii) whether and when the conformity assessment 
body initiated remedial action; and 
‘‘(B) may— 
‘‘(i) withdraw its acceptance of the accreditation 
of the conformity assessment body on a permanent 
or temporary basis; and 
‘‘(ii) establish requirements for reaccreditation of 
the conformity assessment body. 
‘‘(3) FAILURE TO COOPERATE.—The Commission may sus-
pend the accreditation of a conformity assessment body if it 
fails to cooperate with the Commission in an investigation 
under this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) CHILDREN’S PRODUCT SAFETY RULE.—The term ‘chil-
dren’s product safety rule’ means a consumer product safety 
rule under this Act or similar rule, regulation, standard, or 
ban under any other Act enforced by the Commission, including 
a rule declaring a consumer product to be a banned hazardous 
product or substance. 
‘‘(2) THIRD PARTY CONFORMITY ASSESSMENT BODY.— 
‘‘(A) IN GENERAL.—The term ‘third party conformity 
assessment body’ means a conformity assessment body 
that, except as provided in subparagraph (D), is not owned, 
managed, or controlled by the manufacturer or private
H. R. 4040—11 
labeler of a product assessed by such conformity assessment 
body. 
‘‘(B) GOVERNMENTAL PARTICIPATION.—Such term may 
include an entity that is owned or controlled in whole 
or in part by a government if— 
‘‘(i) to the extent practicable, manufacturers or 
private labelers located in any nation are permitted 
to choose conformity assessment bodies that are not 
owned or controlled by the government of that nation; 
‘‘(ii) the entity’s testing results are not subject 
to undue influence by any other person, including 
another governmental entity; 
‘‘(iii) the entity is not accorded more favorable 
treatment than other third party conformity assess-
ment bodies in the same nation who have been accred-
ited under this section; 
‘‘(iv) the entity’s testing results are accorded no 
greater weight by other governmental authorities than 
those of other third party conformity assessment bodies 
accredited under this section; and 
‘‘(v) the entity does not exercise undue influence 
over other governmental authorities on matters 
affecting its operations or on decisions by other govern-
mental authorities controlling distribution of products 
based on outcomes of the entity’s conformity assess-
ments. 
‘‘(C) TESTING AND CERTIFICATION OF ART MATERIALS 
AND PRODUCTS.—A certifying organization (as defined in 
appendix A to section 1500.14(b)(8) of title 16, Code of 
Federal Regulations (or any successor regulation or ruling)) 
meets the requirements of subparagraph (A) with respect 
to the certification of art material and art products required 
under this section or by regulations prescribed under the 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.). 
‘‘(D) FIREWALLED CONFORMITY ASSESSMENT BODIES.— 
Upon request, the Commission may accredit a conformity 
assessment body that is owned, managed, or controlled 
by a manufacturer or private labeler as a third party 
conformity assessment body if the Commission by order 
finds that— 
‘‘(i) accreditation of the conformity assessment 
body would provide equal or greater consumer safety 
protection than the manufacturer’s or private labeler’s 
use of an independent third party conformity assess-
ment body; and 
‘‘(ii) the conformity assessment body has estab-
lished procedures to ensure that— 
‘‘(I) its test results are protected from undue 
influence by the manufacturer, private labeler or 
other interested party; 
‘‘(II) the Commission is notified immediately 
of any attempt by the manufacturer, private 
labeler or other interested party to hide or exert 
undue influence over test results; and 
‘‘(III) allegations of undue influence may be 
reported confidentially to the Commission. 
‘‘(g) REQUIREMENTS FOR CERTIFICATES.—
H. R. 4040—12 
‘‘(1) IDENTIFICATION OF ISSUER AND CONFORMITY ASSESS-
MENT BODY.—Every certificate required under this section shall 
identify the manufacturer or private labeler issuing the certifi-
cate and any third party conformity assessment body on whose 
testing the certificate depends. The certificate shall include, 
at a minimum, the date and place of manufacture, the date 
and place where the product was tested, each party’s name, 
full mailing address, telephone number, and contact informa-
tion for the individual responsible for maintaining records of 
test results. 
‘‘(2) ENGLISH LANGUAGE.—Every certificate required under 
this section shall be legible and all content required by this 
section shall be in the English language. A certificate may 
also contain the same content in any other language. 
‘‘(3) AVAILABILITY
OF
CERTIFICATES.—Every certificate 
required under this section shall accompany the applicable 
product or shipment of products covered by the same certificate 
and a copy of the certificate shall be furnished to each dis-
tributor or retailer of the product. Upon request, the manufac-
turer or private labeler issuing the certificate shall furnish 
a copy of the certificate to the Commission. 
‘‘(4) ELECTRONIC
FILING
OF
CERTIFICATES
FOR
IMPORTED 
PRODUCTS.—In consultation with the Commissioner of Customs, 
the Commission may, by rule, provide for the electronic filing 
of certificates under this section up to 24 hours before arrival 
of an imported product. Upon request, the manufacturer or 
private labeler issuing the certificate shall furnish a copy to 
the Commission and to the Commissioner of Customs. 
‘‘(h) RULE
OF CONSTRUCTION.—Compliance of any children’s 
product with third party testing and certification or general con-
formity certification requirements under this section shall not be 
construed to exempt such children’s product from any requirement 
that such product actually be in conformity with all applicable 
rules, regulation, standards, or ban under any Act enforced by 
the Commission.’’. 
(c) CPSC CONSIDERATION
OF EXISTING REQUIREMENTS.—In 
establishing standards for accreditation of a third party conformity 
assessment body under section 14(a)(3) of the Consumer Product 
Safety Act, as added by subsection (a), the Commission may consider 
standards and protocols for accreditation of such conformity assess-
ment bodies by independent accreditation organizations that are 
in effect on the date of enactment of this Act, but shall ensure 
that the protocols, standards, and requirements prescribed under 
such section 14(a)(3) incorporate, as the standard for accreditation, 
the most current scientific and technological standards and tech-
niques available. 
(d) CONFORMING
AMENDMENTS.—Section 14(b) (15 U.S.C. 
2063(b)) is amended— 
(1) by striking ‘‘consumer products which are subject to 
consumer product safety standards under this Act’’ and 
inserting ‘‘any product which is subject to a consumer product 
safety rule under this Act, or a similar rule, regulation, 
standard, or ban under any other Act enforced by the Commis-
sion,’’; and 
(2) by striking ‘‘or testing programs.’’ and inserting ‘‘, unless 
the Commission, by rule, requires testing by an independent
H. R. 4040—13 
third party for a particular rule, regulation, standard, or ban, 
or for a particular class of products.’’. 
SEC. 103. TRACKING LABELS FOR CHILDREN’S PRODUCTS. 
(a) IN GENERAL.—Section 14(a) (15 U.S.C. 2063(a)), as amended 
by section 102 of this Act, is further amended by adding at the 
end the following: 
‘‘(5) Effective 1 year after the date of enactment of the Con-
sumer Product Safety Improvement Act of 2008, the manufacturer 
of a children’s product shall place permanent, distinguishing marks 
on the product and its packaging, to the extent practicable, that 
will enable— 
‘‘(A) the manufacturer to ascertain the location and date 
of production of the product, cohort information (including the 
batch, run number, or other identifying characteristic), and 
any other information determined by the manufacturer to facili-
tate ascertaining the specific source of the product by reference 
to those marks; and 
‘‘(B) the ultimate purchaser to ascertain the manufacturer 
or private labeler, location and date of production of the product, 
and cohort information (including the batch, run number, or 
other identifying characteristic).’’. 
(b) LABEL INFORMATION.—Section 14(c) (15 U.S.C. 2063(c)) is 
amended by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4) and by inserting after paragraph (1) the following: 
‘‘(2) The cohort information (including the batch, run 
number, or other identifying characteristic) of the product.’’. 
(c) ADVERTISING, LABELING, AND
PACKAGING
REPRESENTA-
TION.—Section 14 (15 U.S.C. 2063) is further amended by adding 
at the end the following: 
‘‘(d) REQUIREMENT
FOR ADVERTISEMENTS.—No advertisement 
for a consumer product or label or packaging of such product may 
contain a reference to a consumer product safety rule or a voluntary 
consumer product safety standard unless such product conforms 
with the applicable safety requirements of such rule or standard.’’. 
SEC. 104. STANDARDS AND CONSUMER REGISTRATION OF DURABLE 
NURSERY PRODUCTS. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Danny 
Keysar Child Product Safety Notification Act’’. 
(b) SAFETY STANDARDS.— 
(1) IN GENERAL.—The Commission shall— 
(A) in consultation with representatives of consumer 
groups, juvenile product manufacturers, and independent 
child product engineers and experts, examine and assess 
the effectiveness of any voluntary consumer product safety 
standards for durable infant or toddler products; and 
(B) in accordance with section 553 of title 5, United 
States Code, promulgate consumer product safety stand-
ards that— 
(i) are substantially the same as such voluntary 
standards; or 
(ii) are more stringent than such voluntary stand-
ards, if the Commission determines that more stringent 
standards would further reduce the risk of injury asso-
ciated with such products. 
(2) TIMETABLE FOR RULEMAKING.—Not later than 1 year 
after the date of enactment of this Act, the Commission shall
H. R. 4040—14 
commence the rulemaking required under paragraph (1) and 
shall promulgate standards for no fewer than 2 categories of 
durable infant or toddler products every 6 months thereafter, 
beginning with the product categories that the Commission 
determines to be of highest priority, until the Commission 
has promulgated standards for all such product categories. 
Thereafter, the Commission shall periodically review and revise 
the standards set forth under this subsection to ensure that 
such standards provide the highest level of safety for such 
products that is feasible. 
(3) JUDICIAL REVIEW.—Any person adversely affected by 
such standards may file a petition for review under the proce-
dures set forth in section 11(g) of the Consumer Product Safety 
Act (15 U.S.C. 2060(g)), as added by section 236 of this Act. 
(c) CRIBS.— 
(1) IN GENERAL.—It shall be a violation of section 19(a)(1) 
of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) 
for any person to which this subsection applies to manufacture, 
sell, contract to sell or resell, lease, sublet, offer, provide for 
use, or otherwise place in the stream of commerce a crib that 
is not in compliance with a standard promulgated under sub-
section (b). 
(2) PERSONS
TO
WHICH
SUBSECTION
APPLIES.—This sub-
section applies to any person that— 
(A) manufactures, distributes in commerce, or contracts 
to sell cribs; 
(B) based on the person’s occupation, holds itself out 
as having knowledge or skill peculiar to cribs, including 
child care facilities and family child care homes; 
(C) is in the business of contracting to sell or resell, 
lease, sublet, or otherwise place cribs in the stream of 
commerce; or 
(D) owns or operates a place of public accommodation 
affecting commerce (as defined in section 4 of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2203) 
applied without regard to the phrase ‘‘not owned by the 
Federal Government’’). 
(3) CRIB
DEFINED.—In this subsection, the term ‘‘crib’’ 
includes— 
(A) new and used cribs; 
(B) full-sized or nonfull-sized cribs; and 
(C) portable cribs and crib-pens. 
(d) CONSUMER REGISTRATION REQUIREMENT.— 
(1) 
RULEMAKING.—Notwithstanding 
any 
provision 
of 
chapter 6 of title 5, United States Code, or the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.), not later than 
1 year after the date of enactment of this Act, the Commission 
shall, pursuant to its authority under section 16(b) of the Con-
sumer Product Safety Act (15 U.S.C. 2065(b)), promulgate a 
final consumer product safety rule to require each manufacturer 
of a durable infant or toddler product— 
(A) to provide consumers with a postage-paid consumer 
registration form with each such product; 
(B) to maintain a record of the names, addresses, e- 
mail addresses, and other contact information of consumers 
who register their ownership of such products with the
H. R. 4040—15 
manufacturer in order to improve the effectiveness of 
manufacturer campaigns to recall such products; and 
(C) to permanently place the manufacturer name and 
contact information, model name and number, and the 
date of manufacture on each durable infant or toddler 
product. 
(2) REQUIREMENTS FOR REGISTRATION FORM.—The registra-
tion form required to be provided to consumers under paragraph 
(1) shall— 
(A) include spaces for a consumer to provide the con-
sumer’s name, address, telephone number, and e-mail 
address; 
(B) include space sufficiently large to permit easy, leg-
ible recording of all desired information; 
(C) be attached to the surface of each durable infant 
or toddler product so that, as a practical matter, the con-
sumer must notice and handle the form after purchasing 
the product; 
(D) include the manufacturer’s name, model name and 
number for the product, and the date of manufacture; 
(E) include a message explaining the purpose of the 
registration and designed to encourage consumers to com-
plete the registration; 
(F) include an option for consumers to register through 
the Internet; and 
(G) include a statement that information provided by 
the consumer shall not be used for any purpose other 
than to facilitate a recall of or safety alert regarding that 
product. 
In issuing regulations under this section, the Commission may 
prescribe the exact text and format of the required registration 
form. 
(3) RECORD KEEPING AND NOTIFICATION REQUIREMENTS.— 
The rules required under this section shall require each manu-
facturer of a durable infant or toddler product to maintain 
a record of registrants for each product manufactured that 
includes all of the information provided by each consumer reg-
istered, and to use such information to notify such consumers 
in the event of a voluntary or involuntary recall of or safety 
alert regarding such product. Each manufacturer shall main-
tain such a record for a period of not less than 6 years after 
the date of manufacture of the product. Consumer information 
collected by a manufacturer under this Act may not be used 
by the manufacturer, nor disseminated by such manufacturer 
to any other party, for any purpose other than notification 
to such consumer in the event of a product recall or safety 
alert. 
(4) STUDY.—The Commission shall conduct a study at such 
time as it considers appropriate on the effectiveness of the 
consumer registration forms required by this section in facili-
tating product recalls and whether such registration forms 
should be required for other children’s products. Not later than 
4 years after the date of enactment of this Act, the Commission 
shall report its findings to the appropriate Congressional 
committees. 
(e) USE OF ALTERNATIVE RECALL NOTIFICATION TECHNOLOGY.—
H. R. 4040—16 
(1) TECHNOLOGY ASSESSMENT AND REPORT.—The Commis-
sion shall— 
(A) beginning 2 years after a rule is promulgated under 
subsection (d), regularly review recall notification tech-
nology and assess the effectiveness of such technology in 
facilitating recalls of durable infant or toddler products; 
and 
(B) not later than 3 years after the date of enactment 
of this Act and periodically thereafter as the Commission 
considers appropriate, transmit a report on such assess-
ments to the appropriate Congressional committees. 
(2) DETERMINATION.—If, based on the assessment required 
by paragraph (1), the Commission determines by rule that 
a recall notification technology is likely to be as effective or 
more effective in facilitating recalls of durable infant or toddler 
products as the registration forms required by subsection (d), 
the Commission— 
(A) shall submit to the appropriate Congressional 
committees a report on such determination; and 
(B) shall permit a manufacturer of durable infant or 
toddler products to use such technology in lieu of such 
registration forms to facilitate recalls of durable infant 
or toddler products. 
(f) DEFINITION OF DURABLE INFANT OR TODDLER PRODUCT.— 
As used in this section, the term ‘‘durable infant or toddler 
product’’— 
(1) means a durable product intended for use, or that 
may be reasonably expected to be used, by children under 
the age of 5 years; and 
(2) includes— 
(A) full-size cribs and nonfull-size cribs; 
(B) toddler beds; 
(C) high chairs, booster chairs, and hook-on chairs; 
(D) bath seats; 
(E) gates and other enclosures for confining a child; 
(F) play yards; 
(G) stationary activity centers; 
(H) infant carriers; 
(I) strollers; 
(J) walkers; 
(K) swings; and 
(L) bassinets and cradles. 
SEC. 105. LABELING REQUIREMENT FOR ADVERTISING TOYS AND 
GAMES. 
Section 24 of the Federal Hazardous Substances Act (15 U.S.C. 
1278) is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (b) the following: 
‘‘(c) ADVERTISING.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) CAUTIONARY STATEMENT.—Any advertisement by 
a retailer, manufacturer, importer, distributor, or private 
labeler (including advertisements on Internet websites or 
in catalogues or other printed materials) that provides 
a direct means for the purchase or order of a product
H. R. 4040—17 
for which a cautionary statement is required under sub-
section (a) or (b) shall include the appropriate cautionary 
statement displayed on or immediately adjacent to that 
advertisement, as modified by regulations issued under 
paragraph (3). 
‘‘(B) APPLICATION TO RETAILERS.— 
‘‘(i) REQUIREMENT
TO
INFORM.—A manufacturer, 
importer, distributor, or private labeler that provides 
such a product to a retailer shall inform the retailer 
of any cautionary statement requirement applicable 
to the product. 
‘‘(ii) RETAILER’S
REQUIREMENT
TO
INQUIRE.—A 
retailer is not in violation of subparagraph (A) if the 
retailer requested information from the manufacturer, 
importer, distributor, or private labeler as to whether 
the cautionary statement required by subparagraph 
(A) applies to the product that is the subject of the 
advertisement and the manufacturer, importer, dis-
tributor, or private labeler provided false information 
or did not provide such information. 
‘‘(C) DISPLAY.—The cautionary statement required by 
subparagraph (A) shall be prominently displayed— 
‘‘(i) in the primary language used in the advertise-
ment; 
‘‘(ii) in conspicuous and legible type in contrast 
by typography, layout, or color with other material 
printed or displayed in such advertisement; and 
‘‘(iii) in a manner consistent with part 1500 of 
title 16, Code of Federal Regulations. 
‘‘(D) DEFINITIONS.—In this subsection: 
‘‘(i) The terms ‘manufacturer’, ‘distributor’, and 
‘private labeler’ have the meaning given those terms 
in section 3 of the Consumer Product Safety Act (15 
U.S.C. 2052). 
‘‘(ii) The term ‘retailer’ has the meaning given 
that term in section 3 of the Consumer Product Safety 
Act (15 U.S.C. 2052), but does not include an individual 
whose selling activity is intermittent and does not 
constitute a trade or business. 
‘‘(2) EFFECTIVE DATE.—The requirement in paragraph (1) 
shall take effect— 
‘‘(A) with respect to advertisements on Internet 
websites, 120 days after the date of enactment of the Con-
sumer Product Safety Improvement Act of 2008; and 
‘‘(B) with respect to catalogues and other printed mate-
rials, 180 days after such date of enactment. 
‘‘(3) RULEMAKING.—Notwithstanding any provision of 
chapter 6 of title 5, United States Code, or the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Commission 
shall, not later than 90 days after the date of enactment of 
the Consumer Product Safety Improvement Act of 2008, promul-
gate regulations to effectuate this section with respect to cata-
logues and other printed material. The Commission may, under 
such regulations, provide a grace period of no more than 180 
days for catalogues and other printed material printed prior 
to the effective date of paragraph (1) during which time dis-
tribution of such catalogues and other printed material shall
H. R. 4040—18 
not be considered a violation of such paragraph. The Commis-
sion may promulgate regulations concerning the size and place-
ment of the cautionary statement required by paragraph (1) 
of this subsection as appropriate relative to the size and place-
ment of the advertisements in such catalogues and other 
printed material. The Commission shall promulgate regulations 
that clarify the applicability of these requirements to catalogues 
and 
other 
printed 
material 
distributed 
solely 
between 
businesses and not to individual consumers. 
‘‘(4) ENFORCEMENT.—The requirements in paragraph (1) 
shall be treated as a consumer product safety standard promul-
gated under section 9 of the Consumer Product Safety Act 
(15 U.S.C. 2056). The publication or distribution of any 
advertisement that is not in compliance with paragraph (1) 
shall be treated as a prohibited act under section 19(a)(1) 
of such Act (15 U.S.C. 2068).’’. 
SEC. 106. MANDATORY TOY SAFETY STANDARDS. 
(a) IN GENERAL.—Beginning 180 days after the date of enact-
ment of this Act, the provisions of ASTM International Standard 
F963–07 Consumer Safety Specifications for Toy Safety (ASTM 
F963), as it exists on the date of enactment of this Act (except 
for section 4.2 and Annex 4 or any provision that restates or 
incorporates an existing mandatory standard or ban promulgated 
by the Commission or by statute) shall be considered to be consumer 
product safety standards issued by the Commission under section 
9 of the Consumer Product Safety Act (15 U.S.C. 2058). 
(b) RULEMAKING FOR SPECIFIC TOYS, COMPONENTS AND RISKS.— 
(1) EVALUATION.—Not later than 1 year after the date 
of enactment of this Act, the Commission, in consultation with 
representatives of consumer groups, juvenile product manufac-
turers, and independent child product engineers and experts, 
shall examine and assess the effectiveness of ASTM F963 or 
its successor standard (except for section 4.2 and Annex 4), 
as it relates to safety requirements, safety labeling require-
ments, and test methods related to— 
(A) internal harm or injury hazards caused by the 
ingestion or inhalation of magnets in children’s products; 
(B) toxic substances; 
(C) toys with spherical ends; 
(D) hemispheric-shaped objects; 
(E) cords, straps, and elastics; and 
(F) battery-operated toys. 
(2) RULEMAKING.—Within 1 year after the completion of 
the assessment required by paragraph (1), the Commission 
shall promulgate rules in accordance with section 553 of title 
5, United States Code, that— 
(A) take into account other children’s product safety 
rules; and 
(B) are more stringent than such standards, if the 
Commission determines that more stringent standards 
would further reduce the risk of injury of such toys. 
(c) PERIODIC
REVIEW.—The Commission shall periodically 
review and revise the rules set forth under this section to ensure 
that such rules provide the highest level of safety for such products 
that is feasible.
H. R. 4040—19 
(d) CONSIDERATION OF REMAINING ASTM STANDARDS.—After 
promulgating the rules required by subsection (b), the Commission 
shall— 
(1) in consultation with representatives of consumer groups, 
juvenile product manufacturers, and independent child product 
engineers and experts, examine and assess the effectiveness 
of ASTM F963 (and alternative health protective requirements 
to prevent or minimize flammability of children’s products) 
or its successor standard, and shall assess the adequacy of 
such standards in protecting children from safety hazards; and 
(2) in accordance with section 553 of title 5, United States 
Code, promulgate consumer product safety rules that— 
(A) take into account other children’s product safety 
rules; and 
(B) are more stringent than such standards, if the 
Commission determines that more stringent standards 
would further reduce the risk of injury associated with 
such toys. 
(e) PRIORITIZATION.—The Commission shall promulgate rules 
beginning with the product categories that the Commission deter-
mines to be of highest priority, until the Commission has promul-
gated standards for all such product categories. 
(f) TREATMENT AS CONSUMER PRODUCT SAFETY STANDARDS.— 
Rules issued under this section shall be considered consumer 
product safety standards issued by the Commission under section 
9 of the Consumer Product Safety Act (15 U.S.C. 2058). 
(g) REVISIONS.—If ASTM International (or its successor entity) 
proposes to revise ASTM F963–07, or a successor standard, it 
shall notify the Commission of the proposed revision. The Commis-
sion shall incorporate the revision or a section of the revision 
into the consumer product safety rule. The revised standard shall 
be considered to be a consumer product safety standard issued 
by the Consumer Product Safety Commission under section 9 of 
the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 
days after the date on which ASTM International notifies the 
Commission of the revision unless, within 90 days after receiving 
that notice, the Commission notifies ASTM International that it 
has determined that the proposed revision does not improve the 
safety of the consumer product covered by the standard. If the 
Commission so notifies ASTM International with respect to a pro-
posed revision of the standard, the existing standard shall continue 
to be considered to be a consumer product safety rule without 
regard to the proposed revision. 
(h) RULEMAKING TO CONSIDER EXEMPTION FROM PREEMPTION.— 
(1) EXEMPTION OF STATE LAW FROM PREEMPTION.—Upon 
application of a State or political subdivision of a State, the 
Commission shall, after notice and opportunity for oral presen-
tation of views, consider a rulemaking to exempt from the 
provisions of section 26(a) of the Consumer Product Safety 
Act (under such conditions as it may impose in the rule) any 
proposed safety standard or regulation which is described in 
such application and which is designed to protect against a 
risk of injury associated with a children’s product subject to 
the consumer product safety standards described in subsection 
(a) or any rule promulgated under this section. The Commission 
shall grant such an exemption if the State or political subdivi-
sion standard or regulation—
H. R. 4040—20 
(A) provides a significantly higher degree of protection 
from such risk of injury than the consumer product safety 
standard or rule under this section; and 
(B) does not unduly burden interstate commerce. 
In determining the burden, if any, of a State or political subdivi-
sion standard or regulation on interstate commerce, the 
Commission shall consider and make appropriate (as deter-
mined by the Commission in its discretion) findings on the 
technological and economic feasibility of complying with such 
standard or regulation, the cost of complying with such 
standard or regulation, the geographic distribution of the con-
sumer product to which the standard or regulation would apply, 
the probability of other States or political subdivisions applying 
for an exemption under this subsection for a similar standard 
or regulation, and the need for a national, uniform standard 
under this Act for such consumer product. 
(2) EFFECT OF STANDARDS ON ESTABLISHED STATE LAWS.— 
Nothing in this section or in section 26 of the Consumer Product 
Safety Act (15 U.S.C. 2075) shall prevent a State or political 
subdivision of a State from continuing in effect a safety require-
ment applicable to a toy or other children’s product that is 
designed to deal with the same risk of injury as the consumer 
product safety standards established by this section and that 
is in effect on the day before the date of enactment of this 
Act, if such State or political subdivision has filed such require-
ment with the Commission within 90 days after the date of 
enactment of this Act, in such form and in such manner as 
the Commission may require. 
(i) JUDICIAL REVIEW.—The issuance of any rule under this 
section is subject to judicial review as provided in section 11(g) 
of the Consumer Product Safety Act (15 U.S.C. 2060(g)), as added 
by section 236 of this Act. 
SEC. 107. STUDY OF PREVENTABLE INJURIES AND DEATHS IN 
MINORITY CHILDREN RELATED TO CONSUMER PRODUCTS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Comptroller General shall initiate a 
study, by the Government Accountability Office or by contract 
through an independent entity, to assess disparities in the risks 
and incidence of preventable injuries and deaths among children 
of minority populations, including Black, Hispanic, American 
Indian, Alaska Native, Native Hawaiian, and Asian/Pacific Islander 
children in the United States. The Comptroller General shall consult 
with the Commission as necessary. 
(b) REQUIREMENTS.—The study shall examine the racial dispari-
ties of the rates of preventable injuries and deaths related to 
suffocation, poisonings, and drownings, including those associated 
with the use of cribs, mattresses and bedding materials, swimming 
pools and spas, and toys and other products intended for use by 
children. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall report the findings to 
the appropriate Congressional committees. The report shall 
include— 
(1) the Comptroller General’s findings on the incidence 
of preventable risks of injuries and deaths among children
H. R. 4040—21 
of minority populations and recommendations for minimizing 
such risks; 
(2) recommendations for public outreach, awareness, and 
prevention campaigns specifically aimed at racial minority 
populations; and 
(3) recommendations for education initiatives that may 
reduce statistical disparities. 
SEC. 108. PROHIBITION ON SALE OF CERTAIN PRODUCTS CONTAINING 
SPECIFIED PHTHALATES. 
(a) PROHIBITION
ON
THE SALE
OF CERTAIN PRODUCTS CON-
TAINING PHTHALATES.—Beginning on the date that is 180 days 
after the date of enactment of this Act, it shall be unlawful for 
any person to manufacture for sale, offer for sale, distribute in 
commerce, or import into the United States any children’s toy 
or child care article that contains concentrations of more than 
0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate 
(DBP), or benzyl butyl phthalate (BBP). 
(b) PROHIBITION ON THE SALE OF ADDITIONAL PRODUCTS CON-
TAINING CERTAIN PHTHALATES.— 
(1) INTERIM PROHIBITION.—Beginning on the date that is 
180 days after the date of enactment of this Act and until 
a final rule is promulgated under paragraph (3), it shall be 
unlawful for any person to manufacture for sale, offer for sale, 
distribute in commerce, or import into the United States any 
children’s toy that can be placed in a child’s mouth or child 
care article that contains concentrations of more than 0.1 per-
cent of diisononyl phthalate (DINP), diisodecyl phthalate 
(DIDP), or di-n-octyl phthalate (DnOP). 
(2) CHRONIC HAZARD ADVISORY PANEL.— 
(A) APPOINTMENT.—Not earlier than 180 days after 
the date of enactment of this Act, the Commission shall 
begin the process of appointing a Chronic Hazard Advisory 
Panel pursuant to the procedures of section 28 of the Con-
sumer Product Safety Act (15 U.S.C. 2077) to study the 
effects on children’s health of all phthalates and phthalate 
alternatives as used in children’s toys and child care arti-
cles. 
(B) EXAMINATION.—The panel shall, within 18 months 
after its appointment under subparagraph (A), complete 
an examination of the full range of phthalates that are 
used in products for children and shall— 
(i) examine all of the potential health effects 
(including endocrine disrupting effects) of the full range 
of phthalates; 
(ii) consider the potential health effects of each 
of these phthalates both in isolation and in combination 
with other phthalates; 
(iii) examine the likely levels of children’s, preg-
nant women’s, and others’ exposure to phthalates, 
based on a reasonable estimation of normal and 
foreseeable use and abuse of such products; 
(iv) consider the cumulative effect of total exposure 
to phthalates, both from children’s products and from 
other sources, such as personal care products; 
(v) review all relevant data, including the most 
recent, best-available, peer-reviewed, scientific studies
H. R. 4040—22 
of these phthalates and phthalate alternatives that 
employ objective data collection practices or employ 
other objective methods; 
(vi) consider the health effects of phthalates not 
only from ingestion but also as a result of dermal, 
hand-to-mouth, or other exposure; 
(vii) consider the level at which there is a reason-
able certainty of no harm to children, pregnant women, 
or other susceptible individuals and their offspring, 
considering the best available science, and using suffi-
cient safety factors to account for uncertainties 
regarding exposure and susceptibility of children, preg-
nant women, and other potentially susceptible individ-
uals; and 
(viii) consider possible similar health effects of 
phthalate alternatives used in children’s toys and child 
care articles. 
The panel’s examinations pursuant to this paragraph shall 
be conducted de novo. The findings and conclusions of 
any previous Chronic Hazard Advisory Panel on this issue 
and other studies conducted by the Commission shall be 
reviewed by the panel but shall not be considered deter-
minative. 
(C) REPORT.—Not later than 180 days after completing 
its examination, the panel appointed under subparagraph 
(A) shall report to the Commission the results of the exam-
ination conducted under this section and shall make rec-
ommendations to the Commission regarding any phthalates 
(or combinations of phthalates) in addition to those identi-
fied in subsection (a) or phthalate alternatives that the 
panel determines should be declared banned hazardous 
substances. 
(3) PERMANENT PROHIBITION BY RULE.—Not later than 180 
days after receiving the report of the panel under paragraph 
(2)(C), the Commission shall, pursuant to section 553 of title 
5, United States Code, promulgate a final rule to— 
(A) determine, based on such report, whether to con-
tinue in effect the prohibition under paragraph (1), in order 
to ensure a reasonable certainty of no harm to children, 
pregnant women, or other susceptible individuals with an 
adequate margin of safety; and 
(B) evaluate the findings and recommendations of the 
Chronic Hazard Advisory Panel and declare any children’s 
product containing any phthalates to be a banned haz-
ardous product under section 8 of the Consumer Product 
Safety Act (15 U.S.C. 2057), as the Commission determines 
necessary to protect the health of children. 
(c) TREATMENT OF VIOLATION.—A violation of subsection (a) 
or (b)(1) or any rule promulgated by the Commission under sub-
section (b)(3) shall be treated as a violation of section 19(a)(1) 
of the Consumer Product Safety Act (15 U.S.C. 2068(a)(1)). 
(d) TREATMENT AS CONSUMER PRODUCT SAFETY STANDARDS; 
EFFECT ON STATE LAWS.—Subsections (a) and (b)(1) and any rule 
promulgated under subsection (b)(3) shall be considered consumer 
product safety standards under the Consumer Product Safety Act. 
Nothing in this section or the Consumer Product Safety Act (15 
U.S.C. 2051 et seq.) shall be construed to preempt or otherwise
H. R. 4040—43 
‘‘(16) violate an order of the Commission issued under 
section 18(c).’’. 
(b) CONFORMING AMENDMENT.—Section 17(a)(2) (15 U.S.C. 
2066(a)(2)) is amended to read as follows: 
‘‘(2) is not accompanied by a certificate required by this 
Act or any other Act enforced by the Commission, or is accom-
panied by a false certificate, if the manufacturer in the exercise 
of due care has reason to know that the certificate is false 
or misleading in any material respect, or is not accompanied 
by any label or certificate (including tracking labels) required 
under section 14 or any rule or regulation under such section;’’. 
SEC. 217. PENALTIES. 
(a) MAXIMUM CIVIL PENALTIES OF THE CONSUMER PRODUCT 
SAFETY COMMISSION.— 
(1) CONSUMER PRODUCT SAFETY ACT.—Section 20(a)(1) (15 
U.S.C. 2069(a)(1)) is amended— 
(A) by striking ‘‘$5,000’’ and inserting ‘‘$100,000’’; 
(B) by striking ‘‘$1,250,000’’ both places it appears 
and inserting ‘‘$15,000,000’’; and 
(C) by striking ‘‘December 1, 1994,’’ in paragraph (3)(B) 
and inserting ‘‘December 1, 2011,’’. 
(2) FEDERAL HAZARDOUS SUBSTANCES ACT.—Section 5(c)(1) 
of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) 
is amended— 
(A) by striking ‘‘$5,000’’ in paragraph (1) and inserting 
‘‘$100,000’’; 
(B) by striking ‘‘$1,250,000’’ both places it appears 
and inserting ‘‘$15,000,000’’; and 
(C) by striking ‘‘December 1, 1994,’’ in paragraph (6)(B) 
and inserting ‘‘December 1, 2011,’’. 
(3) FLAMMABLE FABRICS ACT.—Section 5(e)(1) of the Flam-
mable Fabrics Act (15 U.S.C. 1194(e)(1)) is amended— 
(A) by striking ‘‘$5,000’’ in paragraph (1) and inserting 
‘‘$100,000’’; 
(B) 
by 
striking 
‘‘$1,250,000’’ 
and 
inserting 
‘‘$15,000,000’’; and 
(C) by striking ‘‘December 1, 1994,’’ in paragraph (6)(B) 
and inserting ‘‘December 1, 2011,’’. 
(4) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on the date that is the earlier of 
the date on which final regulations are issued under subsection 
(b)(2) or 1 year after the date of enactment of this Act. 
(b) DETERMINATION OF PENALTIES BY THE CONSUMER PRODUCT 
SAFETY COMMISSION.— 
(1) FACTORS TO BE CONSIDERED.— 
(A) CONSUMER PRODUCT SAFETY ACT.—Section 20 (15 
U.S.C. 2069) is amended— 
(i) in subsection (b)— 
(I) by inserting ‘‘the nature, circumstances, 
extent, and gravity of the violation, including’’ after 
‘‘shall consider’’; 
(II) by striking ‘‘products distributed, and’’ and 
inserting ‘‘products distributed,’’ ; and 
(III) by inserting ‘‘, including how to mitigate 
undue 
adverse 
economic 
impacts 
on 
small
H. R. 4040—44 
businesses, and such other factors as appropriate’’ 
before the period; and 
(ii) in subsection (c)— 
(I) by inserting ‘‘, including how to mitigate 
undue 
adverse 
economic 
impacts 
on 
small 
businesses, the nature, circumstances, extent, and 
gravity of the violation, including’’ after ‘‘person 
charged’’; and 
(II) by inserting ‘‘, and such other factors as 
appropriate’’ after ‘‘products distributed’’. 
(B) FEDERAL
HAZARDOUS
SUBSTANCES
ACT.—Section 
5(c) of the Federal Hazardous Substances Act (15 U.S.C. 
1264(c)) is amended— 
(i) in paragraph (3)— 
(I) by inserting ‘‘the nature, circumstances, 
extent, and gravity of the violation, including’’ after 
‘‘shall consider’’; 
(II) by striking ‘‘substance distributed, and’’ 
and inserting ‘‘substance distributed,’’; and 
(III) by inserting ‘‘, including how to mitigate 
undue 
adverse 
economic 
impacts 
on 
small 
businesses, and such other factors as appropriate’’ 
before the period; and 
(ii) in paragraph (4)— 
(I) by inserting ‘‘, including how to mitigate 
undue 
adverse 
economic 
impacts 
on 
small 
businesses, the nature, circumstances, extent, and 
gravity of the violation, including’’ after ‘‘person 
charged’’; and 
(II) by inserting ‘‘, and such other factors as 
appropriate’’ after ‘‘substance distributed’’. 
(C) FLAMMABLE FABRICS ACT.—Section 5(e) of the Flam-
mable Fabrics Act (15 U.S.C. 1194(e)) is amended— 
(i) in paragraph (2)— 
(I) by striking ‘‘nature and number’’ and 
inserting ‘‘nature, circumstances, extent, and 
gravity’’; 
(II) by striking ‘‘absence of injury, and’’ and 
inserting ‘‘absence of injury,’’; and 
(III) by inserting ‘‘, and such other factors 
as appropriate’’ before the period; and 
(ii) in paragraph (3)— 
(I) by striking ‘‘nature and number’’ and 
inserting ‘‘nature, circumstances, extent, and 
gravity’’; 
(II) by striking ‘‘absence of injury, and’’ and 
inserting ‘‘absence of injury,’’; and 
(III) by inserting ‘‘, and such other factors 
as appropriate’’ before the period. 
(2) CIVIL PENALTY CRITERIA.—Not later than 1 year after 
the date of enactment of this Act, and in accordance with 
the procedures of section 553 of title 5, United States Code, 
the Commission shall issue a final regulation providing its 
interpretation of the penalty factors described in section 20(b) 
of the Consumer Product Safety Act (15 U.S.C. 2069(b)), section 
5(c)(3) of the Federal Hazardous Substances Act (15 U.S.C.
H. R. 4040—45 
1264(c)(3)), and section 5(e)(2) of the Flammable Fabrics Act 
(15 U.S.C. 1194(e)(2)), as amended by subsection (a). 
(c) CRIMINAL PENALTIES.— 
(1) IN
GENERAL.—Section 21(a) (15 U.S.C. 2070(a)) is 
amended to read as follows: 
‘‘(a) Violation of section 19 of this Act is punishable by— 
‘‘(1) imprisonment for not more than 5 years for a knowing 
and willful violation of that section; 
‘‘(2) a fine determined under section 3571 of title 18, United 
States Code; or 
‘‘(3) both.’’. 
(2) DIRECTORS, OFFICERS, AND AGENTS.—Section 21(b) (15 
U.S.C. 2070(b)) is amended by striking ‘‘19, and who has knowl-
edge of notice of noncompliance received by the corporation 
from the Commission,’’ and inserting ‘‘19’’. 
(3) UNDER THE FEDERAL HAZARDOUS SUBSTANCES ACT.— 
Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 
1264(a)) is amended by striking ‘‘one year, or a fine of not 
more than $3,000, or both such imprisonment and fine.’’ and 
inserting ‘‘5 years, a fine determined under section 3571 of 
title 18, United States Code, or both.’’. 
(4) UNDER THE FLAMMABLE FABRICS ACT.—Section 7 of the 
Flammable Fabrics Act (15 U.S.C. 1196) is amended to read 
as follows: 
‘‘PENALTIES 
‘‘SEC. 7. Violation of section 3 or 8(b) of this Act, or failure 
to comply with section 15(c) of this Act, is punishable by— 
‘‘(1) imprisonment for not more than 5 years for a knowing 
and willful violation of that section; 
‘‘(2) a fine determined under section 3571 of title 18, United 
States Code; or 
‘‘(3) both.’’. 
(d) CRIMINAL PENALTIES TO INCLUDE ASSET FORFEITURE.—Sec-
tion 21 (15 U.S.C. 2070) is amended by adding at the end thereof 
the following: 
‘‘(c)(1) In addition to the penalties provided by subsection (a), 
the penalty for a criminal violation of this Act or any other Act 
enforced by the Commission may include the forfeiture of assets 
associated with the violation. 
‘‘(2) In this subsection, the term ‘criminal violation’ means 
a violation of this Act or any other Act enforced by the Commission 
for which the violator is sentenced to pay a fine, be imprisoned, 
or both.’’. 
SEC. 218. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
(a) IN GENERAL.—Section 24 (15 U.S.C. 2073) is amended— 
(1) by striking ‘‘PRIVATE’’ in the section heading and 
inserting ‘‘ADDITIONAL’’; 
(2) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Any interested 
person’’; and 
(3) by adding at the end the following: 
‘‘(b) STATE ATTORNEY GENERAL ENFORCEMENT.— 
‘‘(1) RIGHT OF ACTION.—Except as provided in paragraph 
(5), the attorney general of a State, or other authorized State 
officer, alleging a violation of section 19(a)(1), (2), (5), (6), (7), 
(9), or (12) of this Act that affects or may affect such State