Consumer Product Safety Improvement Act of 2008
PL 110-314 (H.R.4040), enacted 08/14/2008

122 STAT. 3016 
PUBLIC LAW 110–314—AUG. 14, 2008 
Public Law 110–314 
110th Congress 
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. 
Consumer 
Product Safety 
Improvement Act 
of 2008. 
Commerce and 
trade. 
15 USC 2051 
note. 
Aug. 14, 2008 
[H.R. 4040] 
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122 STAT. 3017 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Effective dates. 
15 USC 1278a. 
15 USC 2051 
note. 
15 USC 2051 
note. 
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122 STAT. 3018 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Applicability. 
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122 STAT. 3019 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Deadline. 
Requirements. 
Deadline. 
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122 STAT. 3020 
PUBLIC LAW 110–314—AUG. 14, 2008 
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. 
Deadline. 
Effective date. 
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122 STAT. 3021 
PUBLIC LAW 110–314—AUG. 14, 2008 
(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 
Deadline. 
Deadline. 
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122 STAT. 3022 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Notice. 
Certification. 
15 USC 2063 
note. 
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122 STAT. 3023 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Deadlines. 
Notices. 
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122 STAT. 3024 
PUBLIC LAW 110–314—AUG. 14, 2008 
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; 
Protocols. 
Standards. 
Deadlines. 
Termination 
date. 
Web site. 
Records. 
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122 STAT. 3025 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(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 
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122 STAT. 3026 
PUBLIC LAW 110–314—AUG. 14, 2008 
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.— 
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122 STAT. 3027 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(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 
15 USC 2063 
note. 
Records. 
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122 STAT. 3028 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Deadlines. 
Danny Keysar 
Child Product 
Safety 
Notification Act. 
15 USC 2056a. 
Effective date. 
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122 STAT. 3029 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Deadline. 
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122 STAT. 3030 
PUBLIC LAW 110–314—AUG. 14, 2008 
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.— 
Deadline. 
Reports. 
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122 STAT. 3031 
PUBLIC LAW 110–314—AUG. 14, 2008 
(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 
Effective date. 
Review. 
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122 STAT. 3032 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Deadlines. 
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122 STAT. 3033 
PUBLIC LAW 110–314—AUG. 14, 2008 
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. 
Deadline. 
Deadline. 
Effective date. 
15 USC 2056b. 
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122 STAT. 3034 
PUBLIC LAW 110–314—AUG. 14, 2008 
(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— 
Effective dates. 
Notification. 
Regulations. 
Regulations. 
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122 STAT. 3035 
PUBLIC LAW 110–314—AUG. 14, 2008 
(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 
Deadline. 
Deadline. 
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122 STAT. 3036 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Deadlines. 
Effective date. 
Effective date. 
15 USC 2057c. 
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122 STAT. 3037 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Deadline. 
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122 STAT. 3038 
PUBLIC LAW 110–314—AUG. 14, 2008 
affect any State requirement with respect to any phthalate alter-
native not specifically regulated in a consumer product safety 
standard under the Consumer Product Safety Act. 
(e) DEFINITIONS.— 
(1) DEFINED TERMS.—As used in this section: 
(A) The term ‘‘phthalate alternative’’ means any 
common substitute to a phthalate, alternative material to 
a phthalate, or alternative plasticizer. 
(B) The term ‘‘children’s toy’’ means a consumer 
product designed or intended by the manufacturer for a 
child 12 years of age or younger for use by the child 
when the child plays. 
(C) The term ‘‘child care article’’ means a consumer 
product designed or intended by the manufacturer to facili-
tate sleep or the feeding of children age 3 and younger, 
or to help such children with sucking or teething. 
(D) The term ‘‘consumer product’’ has the meaning 
given such term in section 3(a)(1) of the Consumer Product 
Safety Act (15 U.S.C. 2052(a)(1)). 
(2) DETERMINATION GUIDELINES.— 
(A) AGE.—In determining whether products described 
in paragraph (1) are designed or intended for use by a 
child of the ages specified, the following factors shall be 
considered: 
(i) A statement by a manufacturer about the 
intended use of such product, including a label on 
such product if such statement is reasonable. 
(ii) Whether the product is represented in its pack-
aging, display, promotion, or advertising as appropriate 
for use by children of the ages specified. 
(iii) Whether the product is commonly recognized 
by consumers as being intended for use by a child 
of the ages specified. 
(iv) The Age Determination guidelines issued by 
the Commission staff in September 2002 and any suc-
cessor to such guidelines. 
(B) TOY THAT CAN BE PLACED IN A CHILD’S MOUTH.— 
For purposes of this section a toy can be placed in a 
child’s mouth if any part of the toy can actually be brought 
to the mouth and kept in the mouth by a child so that 
it can be sucked and chewed. If the children’s product 
can only be licked, it is not regarded as able to be placed 
in the mouth. If a toy or part of a toy in one dimension 
is smaller than 5 centimeters, it can be placed in the 
mouth. 
TITLE II—CONSUMER PRODUCT SAFETY 
COMMISSION REFORM 
Subtitle A—Administrative Improvements 
SEC. 201. REAUTHORIZATION OF THE COMMISSION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (a) of sec-
tion 32 (15 U.S.C. 2081) is amended to read as follows: 
‘‘(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.— 
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122 STAT. 3039 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to the Commission for the purpose of carrying out the provisions 
of this Act and any other provision of law the Commission 
is authorized or directed to carry out— 
‘‘(A) $118,200,000 for fiscal year 2010; 
‘‘(B) $115,640,000 for fiscal year 2011; 
‘‘(C) $123,994,000 for fiscal year 2012; 
‘‘(D) $131,783,000 for fiscal year 2013; and 
‘‘(E) $136,409,000 for fiscal year 2014. 
‘‘(2) TRAVEL
ALLOWANCE.—From amounts appropriated 
pursuant to paragraph (1), there shall be made available 
$1,200,000 for fiscal year 2010, $1,248,000 for fiscal year 2011, 
$1,297,000 for fiscal year 2012, $1,350,000 for fiscal year 2013, 
and $1,403,000 for fiscal year 2014, for travel, subsistence, 
and related expenses incurred in furtherance of the official 
duties of Commissioners and employees with respect to attend-
ance at meetings or similar functions, which shall be used 
by the Commission for such purposes in lieu of acceptance 
of payment or reimbursement for such expenses from any per-
son— 
‘‘(A) seeking official action from, doing business with, 
or conducting activities regulated by, the Commission; or 
‘‘(B) whose interests may be substantially affected by 
the performance or nonperformance of the Commissioner’s 
or employee’s official duties.’’. 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Commission shall transmit to the appropriate 
Congressional committees a report of its plans to allocate the 
funding authorized by subsection (a). Such report shall include— 
(1) the number of full-time investigators and other full- 
time equivalents the Commission intends to employ; 
(2) efforts by the Commission to develop standards for 
training product safety inspectors and technical staff employed 
by the Commission; 
(3) efforts and policies of the Commission to encourage 
Commission scientific staff to seek appropriate publishing 
opportunities in peer-reviewed journals and other media; and 
(4) the efforts of the Commission to reach and educate 
retailers of second-hand products and informal sellers, such 
as thrift shops and yard sales, concerning consumer product 
safety rules and product recalls, especially those relating to 
durable nursery products, in order to prevent the resale of 
any products that have been recalled, including the develop-
ment of educational materials for distribution not later than 
1 year after the date of enactment of this Act. 
(c) CONFORMING AMENDMENTS.—Section 32 (15 U.S.C. 2081) 
is further amended by striking subsection (b) and redesignating 
subsection (c) as subsection (b) and inserting after such subsection 
designation the following: ‘‘LIMITATION.—’’. 
SEC. 202. FULL COMMISSION REQUIREMENT; INTERIM QUORUM; PER-
SONNEL. 
(a) TEMPORARY QUORUM.—Notwithstanding section 4(d) of the 
Consumer Product Safety Act (15 U.S.C. 2053(d)), 2 members of 
the Commission, if they are not affiliated with the same political 
party, shall constitute a quorum for the transaction of business 
15 USC 2053 
note. 
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122 STAT. 3040 
PUBLIC LAW 110–314—AUG. 14, 2008 
for the 1 year period beginning on the date of enactment of this 
Act. 
(b) REPEAL OF QUORUM LIMITATION.— 
(1) REPEAL.—Title III of Public Law 102–389 is amended 
by striking the first proviso in the item captioned ‘‘CONSUMER 
PRODUCT SAFETY COMMISSION, SALARIES AND EXPENSES’’ (15 
U.S.C. 2053 note). 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect 1 year after the date of enactment of 
this Act. 
(c) PERSONNEL.— 
(1) PROFESSIONAL STAFF.—The Commission shall increase 
the number of full-time personnel employed by the Commission 
to at least 500 by October 1, 2013, subject to the availability 
of appropriations. 
(2) PORTS OF ENTRY; OVERSEAS INSPECTORS.—As part of 
the 500 full-time employees required by paragraph (1), the 
Commission shall hire personnel to be assigned to duty stations 
at United States ports of entry, or to inspect overseas manufac-
turing facilities, subject to the availability of appropriations. 
SEC. 203. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CON-
GRESS. 
(a) IN GENERAL.—Notwithstanding any rule, regulation, or 
order to the contrary, the Commission shall comply with the require-
ments of section 27(k) of the Consumer Product Safety Act (15 
U.S.C. 2076(k)) with respect to budget recommendations, legislative 
recommendations, testimony, and comments on legislation sub-
mitted by the Commission to the President or the Office of Manage-
ment and Budget after the date of enactment of this Act. 
(b) REINSTATEMENT
OF
REQUIREMENT.—Section 3003(d) of 
Public Law 104–66 (31 U.S.C. 1113 note) is amended— 
(1) by striking ‘‘or’’ after the semicolon in paragraph (31); 
(2) by redesignating paragraph (32) as (33); and 
(3) by inserting after paragraph (31) the following: 
‘‘(32) section 27(k) of the Consumer Product Safety Act 
(15 U.S.C. 2076(k)); or’’. 
SEC. 204. EXPEDITED RULEMAKING. 
(a) ANPR REQUIREMENT.— 
(1) IN GENERAL.—Section 9 (15 U.S.C. 2058) is amended— 
(A) by striking ‘‘shall be commenced’’ in subsection 
(a) and inserting ‘‘may be commenced’’; 
(B) by striking ‘‘in the notice’’ in subsection (b) and 
inserting ‘‘in a notice’’; 
(C) by striking ‘‘unless, not less than 60 days after 
publication of the notice required in subsection (a), the’’ 
in subsection (c) and inserting ‘‘unless the’’; 
(D) by striking ‘‘an advance notice of proposed rule-
making under subsection (a) relating to the product 
involved,’’ in the third sentence of subsection (c) and 
inserting ‘‘the notice,’’; and 
(E) by striking ‘‘Register.’’ in the matter following para-
graph (4) of subsection (c) and inserting ‘‘Register. Nothing 
in this subsection shall preclude any person from submit-
ting an existing standard or portion of a standard as a 
proposed consumer product safety standard.’’. 
15 USC 2076 
note. 
Deadline. 
15 USC 2053 
note. 
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122 STAT. 3041 
PUBLIC LAW 110–314—AUG. 14, 2008 
(2) CONFORMING AMENDMENT.—Section 5(a)(3) (15 U.S.C. 
2054(a)(3)) is amended by striking ‘‘an advance notice of pro-
posed rulemaking or’’. 
(b) RULEMAKING UNDER FEDERAL HAZARDOUS SUBSTANCES 
ACT.— 
(1) IN GENERAL.—Section 3(a) of the Federal Hazardous 
Substances Act (15 U.S.C. 1262(a)) is amended to read as 
follows: 
‘‘(a) RULEMAKING.— 
‘‘(1) IN
GENERAL.—Whenever in the judgment of the 
Commission such action will promote the objectives of this 
Act by avoiding or resolving uncertainty as to its application, 
the Commission may by regulation declare to be a hazardous 
substance, for the purposes of this Act, any substance or mix-
ture of substances, which it finds meets the requirements of 
section 2(f)(1)(A). 
‘‘(2) PROCEDURE.—Proceedings for the issuance, amend-
ment, or repeal of regulations under this subsection and the 
admissibility of the record of such proceedings in other pro-
ceedings, shall be governed by the provisions of subsections 
(f) through (i) of this section.’’. 
(2) PROCEDURE.—Section 2(q)(2) of the Federal Hazardous 
Substances Act (15 U.S.C. 1261(q)(2)) is amended by striking 
‘‘Proceedings for the issuance, amendment, or repeal of regula-
tions pursuant to clause (B) of subparagraph (1) of this para-
graph shall be governed by the provisions of sections 701(e), 
(f), and (g) of the Federal Food, Drug, and Cosmetic Act: Pro-
vided, That if’’ and inserting ‘‘Proceedings for the issuance, 
amendment, or repeal of regulations pursuant to clause (B) 
of subparagraph (1) of this paragraph shall be governed by 
the provisions of subsections (f) through (i) of section 3 of 
this Act, except that if’’. 
(3) ANPR REQUIREMENT.—Section 3 of the Federal Haz-
ardous Substances Act (15 U.S.C. 1262) is amended— 
(A) by striking ‘‘shall be commenced’’ in subsection 
(f) and inserting ‘‘may be commenced’’; 
(B) by striking ‘‘in the notice’’ in subsection (g)(1) and 
inserting ‘‘in a notice’’; 
(C) by striking ‘‘unless, not less than 60 days after 
publication of the notice required in subsection (f), the’’ 
in subsection (h) and inserting ‘‘unless the’’; and 
(D) by striking ‘‘Committee on Commerce’’ and all that 
follows through ‘‘Representatives.’’ in subsection (h), and 
inserting ‘‘appropriate Congressional committees. Nothing 
in this subsection shall preclude any person from submit-
ting an existing standard or portion of a standard as a 
proposed regulation.’’ 
(4) OTHER CONFORMING AMENDMENTS.—The Federal Haz-
ardous Substances Act (15 U.S.C. 1261 et seq.) is amended— 
(A) by striking paragraphs (c) and (d) of section 2 
and inserting the following: 
‘‘(c) The term ‘Commission’ means the Consumer Product Safety 
Commission.’’; 
(B) by striking ‘‘Secretary’’ each place it appears and 
inserting ‘‘Commission’’ except— 
(i) in section 10(b) (15 U.S.C. 1269(b)); 
(ii) in section 14 (15 U.S.C. 1273); and 
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122 STAT. 3042 
PUBLIC LAW 110–314—AUG. 14, 2008 
(iii) in section 21(a) (15 U.S.C. 1276(a)); 
(C) by striking ‘‘Department’’ each place it appears, 
except in sections 5(c)(6)(D)(i) and 14(b) (15 U.S.C. 
1264(c)(6)(D)(i) and 1273(b)), and inserting ‘‘Commission’’; 
(D) by striking ‘‘he’’ and ‘‘his’’ each place they appear 
in reference to the Secretary and inserting ‘‘it’’ and ‘‘its’’, 
respectively; 
(E) by striking ‘‘Secretary of Health, Education, and 
Welfare’’ each place it appears in section 10(b) (15 U.S.C. 
1269(b)) and inserting ‘‘Commission’’; 
(F) by striking ‘‘Secretary of Health, Education, and 
Welfare’’ each place it appears in section 14 (15 U.S.C. 
1273) and inserting ‘‘Commission’’; 
(G) by striking ‘‘Department of Health, Education, and 
Welfare’’ in section 14(b) (15 U.S.C. 1273(b)) and inserting 
‘‘Commission’’; 
(H) by striking ‘‘Consumer Product Safety Commission’’ 
each place it appears and inserting ‘‘Commission’’; 
(I) by striking ‘‘(hereinafter in this section referred 
to as the ‘Commission’)’’ in section 14(d) (15 U.S.C. 1273(d)) 
and section 20(a)(1) (15 U.S.C. 1275(a)(1)); and 
(J) by striking paragraph (5) of section 18(b) (15 U.S.C. 
1261 note). 
(c) RULEMAKING UNDER FLAMMABLE FABRICS ACT.— 
(1) IN GENERAL.—Section 4 of the Flammable Fabrics Act 
(15 U.S.C. 1193) is amended— 
(A) by striking ‘‘shall be commenced’’ in subsection 
(g) and inserting ‘‘may be commenced by a notice of pro-
posed rulemaking or’’; 
(B) by striking ‘‘unless, not less than 60 days after 
publication of the notice required in subsection (g), the’’ 
in subsection (i) and inserting ‘‘unless the’’; and 
(C) by striking ‘‘Committee on Commerce’’ and all that 
follows through ‘‘Representatives.’’ in subsection (i), and 
inserting ‘‘appropriate Congressional committees. Nothing 
in this subsection shall preclude any person from submit-
ting an existing standard or portion of a standard as a 
proposed regulation.’’ 
(2) OTHER
CONFORMING
AMENDMENTS.—The Flammable 
Fabrics Act (15 U.S.C. 1193) is amended— 
(A) by striking paragraph (i) of section 2 (15 U.S.C. 
1191(i)) and inserting the following: 
‘‘(i) The term ‘Commission’ means the Consumer Product Safety 
Commission.’’; 
(B) by striking ‘‘Secretary of Commerce’’ each place 
it appears and inserting ‘‘Commission’’; 
(C) by striking ‘‘Secretary’’ each place it appears and 
inserting ‘‘Commission’’, except in sections 9 and 14 (15 
U.S.C. 1198 and 1201); 
(D) by striking ‘‘he’’ and ‘‘his’’ each place either such 
word appears in reference to the Secretary and inserting 
‘‘it’’ and ‘‘its’’, respectively; 
(E) by striking paragraph (5) of section 4(e) (15 U.S.C. 
1193(e)) and redesignating paragraph (6) as paragraph (5); 
(F) by striking ‘‘Consumer Product Safety Commission 
(hereinafter in this section referred to as the ‘Commission’) 
in section 15 (15 U.S.C. 1202)’’ and inserting ‘‘Commission’’; 
15 USC 1202. 
15 USC 1193. 
15 USC 1193, 
1204. 
15 USC 1193, 
1201. 
15 USC 1263 
et al. 
15 USC 1261, 
1262, 1273. 
15 USC 1263, 
1270, 1272. 
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122 STAT. 3043 
PUBLIC LAW 110–314—AUG. 14, 2008 
(G) by amending subsection (d) of section 16 (15 U.S.C. 
1203) to read as follows: 
‘‘(d) In this section, a reference to a flammability standard 
or other regulation for a fabric, related material, or product in 
effect under this Act includes a standard of flammability continued 
in effect by section 11 of the Act of December 14, 1967 (Public 
Law 90–189).’’; and 
(H) by striking ‘‘Consumer Product Safety Commission’’ 
in section 17 (15 U.S.C. 1204) and inserting ‘‘Commission’’. 
SEC. 205. INSPECTOR GENERAL AUDITS AND REPORTS. 
(a) IMPROVEMENTS BY THE COMMISSION.—The Inspector General 
of the Commission shall conduct reviews and audits to assess— 
(1) the Commission’s capital improvement efforts, including 
improvements and upgrades of the Commission’s information 
technology architecture and systems and the development of 
the database of publicly available information on incidents 
involving injury or death required under section 6A of the 
Consumer Product Safety Act, as added by section 212 of this 
Act; and 
(2) the adequacy of procedures for accrediting conformity 
assessment bodies as authorized by section 14(a)(3) of the Con-
sumer Product Safety Act (15 U.S.C. 2063(a)(3)), as amended 
by this Act, and overseeing the third party testing required 
by such section. 
(b) EMPLOYEE COMPLAINTS.—Within 1 year after the date of 
enactment of this Act, the Inspector General shall conduct a review 
of— 
(1) complaints received by the Inspector General from 
employees of the Commission about failures of other employees 
to enforce the rules or regulations of the Consumer Product 
Safety Act or any other Act enforced by the Commission or 
otherwise carry out their responsibilities under such Acts if 
such alleged failures raise issues of conflicts of interest, ethical 
violations, or the absence of good faith; and 
(2) actions taken by the Commission to address such fail-
ures and complaints, including an assessment of the timeliness 
and effectiveness of such actions. 
(c) PUBLIC INTERNET WEBSITE LINKS.—Not later than 30 days 
after the date of enactment of this Act, the Commission shall 
establish and maintain— 
(1) a direct link on the homepage of its Internet website 
to the Internet webpage of the Commission’s Office of Inspector 
General; and 
(2) a mechanism on the webpage of the Commission’s Office 
of Inspector General by which individuals may anonymously 
report cases of waste, fraud, or abuse with respect to the 
Commission. 
(d) REPORTS.— 
(1) ACTIVITIES AND NEEDS OF INSPECTOR GENERAL.—Not 
later than 60 days after the date of enactment of this Act, 
the Inspector General of the Commission shall transmit a report 
to the appropriate Congressional committees on the activities 
of the Inspector General, any structural barriers which prevent 
the Inspector General from providing robust oversight of the 
activities of the Commission, and any additional authority or 
resources that would facilitate more effective oversight. 
Deadline. 
Web site. 
Deadline. 
Reviews. 
Reviews. 
15 USC 2076b. 
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122 STAT. 3044 
PUBLIC LAW 110–314—AUG. 14, 2008 
(2) REVIEWS
OF
IMPROVEMENTS
AND
EMPLOYEE
COM-
PLAINTS.—Beginning for fiscal year 2010, the Inspector General 
of the Commission shall include in an annual report to the 
appropriate Congressional committees the Inspector General’s 
findings, conclusions, and recommendations from the reviews 
and audits under subsections (a) and (b). 
SEC. 206. INDUSTRY-SPONSORED TRAVEL BAN. 
(a) IN GENERAL.—The Act (15 U.S.C. 1251 et seq.) is amended 
by adding at the end the following new section: 
‘‘SEC. 39. PROHIBITION ON INDUSTRY-SPONSORED TRAVEL. 
‘‘Notwithstanding section 1353 of title 31, United States Code, 
and section 27(b)(6) of this Act, no Commissioner or employee 
of the Commission shall accept travel, subsistence, or related 
expenses with respect to attendance by a Commissioner or employee 
at any meeting or similar function relating to official duties of 
a Commissioner or an employee, from a person— 
‘‘(1) seeking official action from, doing business with, or 
conducting activities regulated by, the Commission; or 
‘‘(2) whose interests may be substantially affected by the 
performance or nonperformance of the Commissioner’s or 
employee’s official duties.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1 (15 U.S.C. 2051 note) is amended by inserting at the end the 
following: 
‘‘Sec. 39. Prohibition on industry-sponsored travel.’’. 
SEC. 207. SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, 
AND FOREIGN GOVERNMENT AGENCIES. 
Section 29 (15 U.S.C. 2078) is amended by adding at the end 
the following: 
‘‘(f) SHARING OF INFORMATION WITH FEDERAL, STATE, LOCAL, 
AND FOREIGN GOVERNMENT AGENCIES.— 
‘‘(1) AGREEMENTS AND CONDITIONS.—Notwithstanding the 
requirements of subsections (a)(3) and (b) of section 6, relating 
to public disclosure of information, the Commission may make 
information obtained by the Commission available to any Fed-
eral, State, local, or foreign government agency upon the prior 
certification of an appropriate official of any such agency, either 
by a prior agreement or memorandum of understanding with 
the Commission or by other written certification, that such 
material will be maintained in confidence and will be used 
only for official law enforcement or consumer protection pur-
poses, if— 
‘‘(A) the agency has set forth a bona fide legal basis 
for its authority to maintain the material in confidence; 
‘‘(B) the materials are to be used for purposes of inves-
tigating, or engaging in enforcement proceedings related 
to, possible violations of— 
‘‘(i) laws regulating the manufacture, importation, 
distribution, or sale of defective or unsafe consumer 
products, or other practices substantially similar to 
practices prohibited by any law administered by the 
Commission; 
15 USC 2086. 
Effective date. 
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122 STAT. 3045 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(ii) a law administered by the Commission, if 
disclosure of the material would further a Commission 
investigation or enforcement proceeding; or 
‘‘(iii) with respect to a foreign law enforcement 
agency, with the approval of the Attorney General, 
other foreign criminal laws, if such foreign criminal 
laws are offenses defined in or covered by a criminal 
mutual legal assistance treaty in force between the 
government of the United States and the foreign law 
enforcement agency’s government; and 
‘‘(C) in the case of a foreign government agency, such 
agency is not from a foreign state that the Secretary of 
State has determined, in accordance with section 6(j) of 
the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)), has repeatedly provided support for acts of inter-
national terrorism, unless and until such determination 
is rescinded pursuant to section 6(j)(4) of that Act (50 
U.S.C. App. 2405(j)(4)). 
‘‘(2) ABROGATION OF AGREEMENTS.—The Commission may 
abrogate any agreement or memorandum of understanding with 
another agency if the Commission determines that the other 
agency has failed to maintain in confidence any information 
provided under such agreement or memorandum of under-
standing, or has used any such information for purposes other 
than those set forth in such agreement or memorandum of 
understanding. 
‘‘(3) ADDITIONAL RULES AGAINST DISCLOSURE.—Except as 
provided in paragraph (4), the Commission shall not be required 
to disclose under section 552 of title 5, United States Code, 
or any other provision of law— 
‘‘(A) any material obtained from a foreign government 
agency, if the foreign government agency has requested 
confidential treatment, or has precluded such disclosure 
under other use limitations, as a condition of providing 
the material; 
‘‘(B) any material reflecting a consumer complaint 
obtained from any other foreign source, if that foreign 
source supplying the material has requested confidential 
treatment as a condition of providing the material; or 
‘‘(C) any material reflecting a consumer complaint sub-
mitted to a Commission reporting mechanism sponsored 
in part by foreign government agencies. 
‘‘(4) LIMITATION.—Nothing in this subsection authorizes the 
Commission to withhold information from the Congress or pre-
vent the Commission from complying with an order of a court 
of the United States in an action commenced by the United 
States or the Commission. 
‘‘(5) DEFINITION.—In this subsection, the term ‘foreign 
government agency’ means— 
‘‘(A) any agency or judicial authority of a foreign 
government, including a foreign state, a political subdivi-
sion of a foreign state, or a multinational organization 
constituted by and comprised of foreign states, that is 
vested with law enforcement or investigative authority in 
civil, criminal, or administrative matters; and 
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122 STAT. 3046 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(B) any multinational organization, to the extent that 
it is acting on behalf of an entity described in subparagraph 
(A). 
‘‘(g) NOTIFICATION TO STATE HEALTH DEPARTMENTS.—Whenever 
the Commission is notified of any voluntary corrective action taken 
by a manufacturer (or a retailer in the case of a retailer selling 
a product under its own label) in consultation with the Commission, 
or issues an order under section 15(c) or (d) with respect to any 
product, the Commission shall notify each State’s health department 
(or other agency designated by the State) of such voluntary correc-
tive action or order.’’. 
SEC. 208. EMPLOYEE TRAINING EXCHANGES. 
(a) IN GENERAL.—The Commission may— 
(1) retain or employ officers or employees of foreign govern-
ment agencies on a temporary basis pursuant to section 4 
of the Consumer Product Safety Act (15 U.S.C. 2053) or section 
3101 or 3109 of title 5, United States Code; and 
(2) detail officers or employees of the Commission to work 
on a temporary basis for appropriate foreign government agen-
cies for the purpose of providing or receiving training. 
(b) RECIPROCITY AND REIMBURSEMENT.—The Commission may 
execute the authority contained in subsection (a) with or without 
reimbursement in money or in kind, and with or without reciprocal 
arrangements by or on behalf of the foreign government agency 
involved. Any amounts received as reimbursement for expenses 
incurred by the Commission under this section shall be credited 
to the appropriations account from which such expenses were paid. 
(c) STANDARDS
OF
CONDUCT.—An individual retained or 
employed under subsection (a)(1) shall be considered to be a Federal 
employee while so retained or employed, only for purposes of— 
(1) injury compensation as provided in chapter 81 of title 
5, United States Code, and tort claims liability under chapter 
171 of title 28, United States Code; 
(2) the Ethics in Government Act (5 U.S.C. App.) and 
the provisions of chapter 11 of title 18, United States Code; 
and 
(3) any other statute or regulation governing the conduct 
of Federal employees. 
SEC. 209. ANNUAL REPORTING REQUIREMENT. 
(a) IN GENERAL.—Section 27(j) (15 U.S.C. 2076(j)) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘The 
Commission’’ and inserting ‘‘Notwithstanding section 3003 of 
the Federal Reports Elimination and Sunset Act of 1995 (31 
U.S.C. 1113 note), the Commission’’; and 
(2) by redesignating paragraphs (5) through (11) as para-
graphs (7) through (13), respectively, and inserting after para-
graph (4) the following: 
‘‘(5) the number and a summary of recall orders issued 
under section 12 or 15 during such year and a summary of 
voluntary corrective actions taken by manufacturers in con-
sultation with the Commission of which the Commission has 
notified the public, and an assessment of such orders and 
actions; 
‘‘(6) beginning not later than 1 year after the date of 
enactment of the Consumer Product Safety Improvement Act 
of 2008— 
15 USC 2053a. 
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122 STAT. 3047 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(A) progress reports and incident updates with respect 
to action plans implemented under section 15(d); 
‘‘(B) statistics with respect to injuries and deaths asso-
ciated with products that the Commission determines 
present a substantial product hazard under section 15(c); 
and 
‘‘(C) the number and type of communication from con-
sumers to the Commission with respect to each product 
with respect to which the Commission takes action under 
section 15(d);’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to reports submitted for fiscal year 2009 
and thereafter. 
Subtitle B—Enhanced Enforcement 
Authority 
SEC. 211. PUBLIC DISCLOSURE OF INFORMATION. 
Section 6 (15 U.S.C. 2055) is amended— 
(1) by inserting ‘‘A manufacturer or private labeler shall 
submit any such mark within 15 calendar days after the date 
on which it receives the Commission’s offer.’’ after ‘‘paragraph 
(2).’’ in subsection (a)(3); 
(2) by striking ‘‘30 days’’ in subsection (b)(1) and inserting 
‘‘15 days’’; 
(3) by striking ‘‘finds that the public’’ in subsection (b)(1) 
and inserting ‘‘publishes a finding that the public’’; 
(4) by striking ‘‘notice and publishes such a finding in 
the Federal Register),’’ in subsection (b)(1) and inserting 
‘‘notice),’’; 
(5) by striking ‘‘10 days’’ in subsection (b)(2) and inserting 
‘‘5 days’’; 
(6) by striking ‘‘finds that the public’’ in subsection (b)(2) 
and inserting ‘‘publishes a finding that the public’’; 
(7) by striking ‘‘notice and publishes such finding in the 
Federal Register.’’ in subsection (b)(2) and inserting ‘‘notice.’’; 
(8) in subsection (b)— 
(A) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; and 
(B) by adding at the end thereof the following: 
‘‘(B) If the Commission determines that the public 
health and safety requires expedited consideration of an 
action brought under subparagraph (A), the Commission 
may file a request with the District Court for such expe-
dited consideration. If the Commission files such a request, 
the District Court shall— 
‘‘(i) assign the matter for hearing at the earliest 
possible date; 
‘‘(ii) give precedence to the matter, to the greatest 
extent practicable, over all other matters pending on 
the docket of the court at the time; 
‘‘(iii) expedite consideration of the matter to the 
greatest extent practicable; and 
‘‘(iv) grant or deny the requested injunction within 
30 days after the date on which the Commission’s 
request was filed with the court.’’; 
Deadline. 
Deadline. 
15 USC 2076 
note. 
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122 STAT. 3048 
PUBLIC LAW 110–314—AUG. 14, 2008 
(9) by striking ‘‘section 19 (related to prohibited acts);’’ 
in subsection (b)(4) and inserting ‘‘any consumer product safety 
rule or provision of this Act or similar rule or provision of 
any other Act enforced by the Commission;’’; 
(10) by striking ‘‘or’’ after the semicolon in subsection 
(b)(5)(B); 
(11) by striking ‘‘disclosure.’’ in subsection (b)(5)(C) and 
inserting ‘‘disclosure; or’’; 
(12) by inserting in subsection (b)(5) after subparagraph 
(C) the following: 
‘‘(D) the Commission publishes a finding that the public 
health and safety requires public disclosure with a lesser 
period of notice than is required under paragraph (1).’’; 
and 
(13) in the matter following subparagraph (D) of subsection 
(b)(5) (as added by paragraph (12) of this section), by striking 
‘‘section 19(a),’’ and inserting ‘‘any consumer product safety 
rule or provision under this Act or similar rule or provision 
of any other Act enforced by the Commission,’’. 
SEC. 212. ESTABLISHMENT OF A PUBLIC CONSUMER PRODUCT SAFETY 
DATABASE. 
(a) IN GENERAL.—The Act is amended by inserting after section 
6 (15 U.S.C. 2055) the following: 
‘‘SEC. 
6A. 
PUBLICLY 
AVAILABLE 
CONSUMER 
PRODUCT 
SAFETY 
INFORMATION DATABASE. 
‘‘(a) DATABASE REQUIRED.— 
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Commission shall, in accordance with the require-
ments of this section, establish and maintain a database on 
the safety of consumer products, and other products or sub-
stances regulated by the Commission, that is— 
‘‘(A) publicly available; 
‘‘(B) searchable; and 
‘‘(C) accessible through the Internet website of the 
Commission. 
‘‘(2) SUBMISSION OF DETAILED IMPLEMENTATION PLAN TO 
CONGRESS.—Not later than 180 days after the date of enactment 
of the Consumer Product Safety Improvement Act of 2008, 
the Commission shall transmit to the appropriate Congressional 
committees a detailed plan for establishing and maintaining 
the database required by paragraph (1), including plans for 
the operation, content, maintenance, and functionality of the 
database. The plan shall detail the integration of the database 
into the Commission’s overall information technology improve-
ment objectives and plans. The plan submitted under this sub-
section shall include a detailed implementation schedule for 
the database, and plans for a public awareness campaign to 
be conducted by the Commission to increase consumer aware-
ness of the database. 
‘‘(3) DATE
OF
INITIAL
AVAILABILITY.—Not later than 18 
months after the date on which the Commission submits the 
plan required by paragraph (2), the Commission shall establish 
the database required by paragraph (1). 
‘‘(b) CONTENT AND ORGANIZATION.— 
‘‘(1) CONTENTS.—Except as provided in subsection (c)(4), 
the database shall include the following: 
Deadline. 
Deadline. 
Web site. 
15 USC 2055a. 
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122 STAT. 3049 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(A) Reports of harm relating to the use of consumer 
products, and other products or substances regulated by 
the Commission, that are received by the Commission 
from— 
‘‘(i) consumers; 
‘‘(ii) local, State, or Federal government agencies; 
‘‘(iii) health care professionals; 
‘‘(iv) child service providers; and 
‘‘(v) public safety entities. 
‘‘(B) Information derived by the Commission from 
notice under section 15(c) or any notice to the public 
relating to a voluntary corrective action taken by a manu-
facturer, in consultation with the Commission, of which 
action the Commission has notified the public. 
‘‘(C) The comments received by the Commission under 
subsection (c)(2)(A) to the extent requested under sub-
section (c)(2)(B). 
‘‘(2) SUBMISSION OF INFORMATION.—In implementing the 
database, the Commission shall establish the following: 
‘‘(A) Electronic, telephonic, and paper-based means of 
submitting, for inclusion in the database, reports described 
in paragraph (1)(A) of this subsection. 
‘‘(B) A requirement that any report described in para-
graph (1)(A) submitted for inclusion in such database 
include, at a minimum— 
‘‘(i) a description of the consumer product (or other 
product or substance regulated by the Commission) 
concerned; 
‘‘(ii) identification of the manufacturer or private 
labeler of the consumer product (or other product or 
substance regulated by the Commission); 
‘‘(iii) a description of the harm relating to the 
use of the consumer product (or other product or sub-
stance regulated by the Commission); 
‘‘(iv) contact information for the person submitting 
the report; and 
‘‘(v) a verification by the person submitting the 
information that the information submitted is true and 
accurate to the best of the person’s knowledge and 
that the person consents that such information be 
included in the database. 
‘‘(3) ADDITIONAL INFORMATION.—In addition to the reports 
received under paragraph (1), the Commission shall include 
in the database, consistent with the requirements of section 
6(a) and (b), any additional information it determines to be 
in the public interest. 
‘‘(4) ORGANIZATION OF DATABASE.—The Commission shall 
categorize the information available on the database in a 
manner consistent with the public interest and in such manner 
as it determines to facilitate easy use by consumers and shall 
ensure, to the extent practicable, that the database is sortable 
and accessible by— 
‘‘(A) the date on which information is submitted for 
inclusion in the database; 
‘‘(B) the name of the consumer product (or other 
product or substance regulated by the Commission); 
‘‘(C) the model name; 
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122 STAT. 3050 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(D) the manufacturer’s or private labeler’s name; and 
‘‘(E) such other elements as the Commission considers 
in the public interest. 
‘‘(5) NOTICE REQUIREMENTS.—The Commission shall pro-
vide clear and conspicuous notice to users of the database 
that the Commission does not guarantee the accuracy, complete-
ness, or adequacy of the contents of the database. 
‘‘(6) AVAILABILITY OF CONTACT INFORMATION.—The Commis-
sion may not disclose, under this section, the name, address, 
or other contact information of any individual or entity that 
submits to the Commission a report described in paragraph 
(1)(A), except that the Commission may provide such informa-
tion to the manufacturer or private labeler of the product 
with the express written consent of the person submitting the 
information. Consumer information provided to a manufacturer 
or private labeler under this section may not be used or dissemi-
nated to any other party for any purpose other than verifying 
a report submitted under paragraph (1)(A). 
‘‘(c) PROCEDURAL REQUIREMENTS.— 
‘‘(1) TRANSMISSION OF REPORTS TO MANUFACTURERS AND 
PRIVATE LABELERS.—Not later than 5 business days after the 
Commission receives a report described in subsection (b)(1)(A) 
which includes the information required by subsection (b)(2)(B), 
the Commission shall to the extent practicable transmit the 
report, subject to subsection (b)(6), to the manufacturer or 
private labeler identified in the report. 
‘‘(2) OPPORTUNITY TO COMMENT.— 
‘‘(A) IN
GENERAL.—If the Commission transmits a 
report under paragraph (1) to a manufacturer or private 
labeler, the Commission shall provide such manufacturer 
or private labeler an opportunity to submit comments to 
the Commission on the information contained in such 
report. 
‘‘(B) REQUEST FOR INCLUSION IN DATABASE.—A manu-
facturer or private labeler may request the Commission 
to include its comments in the database. 
‘‘(C) CONFIDENTIAL MATTER.— 
‘‘(i) IN GENERAL.—If the Commission transmits a 
report received under paragraph (1) to a manufacturer 
or private labeler, the manufacturer or private labeler 
may review the report for confidential information and 
request that portions of the report identified as con-
fidential be so designated. 
‘‘(ii) REDACTION.—If the Commission determines 
that the designated information contains, or relates 
to, a trade secret or other matter referred to in section 
1905 of title 18, United States Code, or that is subject 
to section 552(b)(4) of title 5, United States Code, the 
Commission shall redact the designated information 
in the report before it is placed in the database. 
‘‘(iii) REVIEW.—If the Commission determines that 
the designated information is not confidential under 
clause (ii), the Commission shall notify the manufac-
turer or private labeler and include the information 
in the database. The manufacturer or private labeler 
may bring an action in the district court of the United 
States in the district in which the complainant resides, 
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122 STAT. 3051 
PUBLIC LAW 110–314—AUG. 14, 2008 
or has its principal place of business, or in the United 
States District Court for the District of Columbia, to 
seek removal of the information from the database. 
‘‘(3) PUBLICATION OF REPORTS AND COMMENTS.— 
‘‘(A) REPORTS.—Except as provided in paragraph (4)(A), 
if the Commission receives a report described in subsection 
(b)(1)(A), the Commission shall make the report available 
in the database not later than the 10th business day after 
the date on which the Commission transmits the report 
under paragraph (1) of this subsection. 
‘‘(B) COMMENTS.—Except as provided in paragraph 
(4)(A), if the Commission receives a comment under para-
graph (2)(A) with respect to a report described in subsection 
(b)(1)(A) and a request with respect to such comment under 
paragraph (2)(B) of this subsection, the Commission shall 
make such comment available in the database at the same 
time as such report or as soon as practicable thereafter. 
‘‘(4) INACCURATE INFORMATION.— 
‘‘(A) INACCURATE INFORMATION IN REPORTS AND COM-
MENTS RECEIVED.—If, prior to making a report described 
in subsection (b)(1)(A) or a comment described in paragraph 
(2) of this subsection available in the database, the 
Commission determines that the information in such report 
or comment is materially inaccurate, the Commission 
shall— 
‘‘(i) decline to add the materially inaccurate 
information to the database; 
‘‘(ii) correct the materially inaccurate information 
in the report or comment and add the report or com-
ment to the database; or 
‘‘(iii) add information to correct inaccurate informa-
tion in the database. 
‘‘(B) INACCURATE INFORMATION IN DATABASE.—If the 
Commission determines, after investigation, that informa-
tion previously made available in the database is materially 
inaccurate or duplicative of information in the database, 
the Commission shall, not later than 7 business days after 
such determination— 
‘‘(i) remove such information from the database; 
‘‘(ii) correct such information; or 
‘‘(iii) add information to correct inaccurate informa-
tion in the database. 
‘‘(d) ANNUAL REPORT.—The Commission shall submit to the 
appropriate Congressional committees an annual report on the data-
base, including— 
‘‘(1) the operation, content, maintenance, functionality, and 
cost of the database for the reporting year; and 
‘‘(2) the number of reports and comments for the year— 
‘‘(A) received by the Commission under this section; 
‘‘(B) posted on the database; and 
‘‘(C) corrected on or removed from the database. 
‘‘(e) GAO STUDY.—Within 2 years after the date on which 
the Commission establishes the database under this section, the 
Comptroller General shall submit a report to the appropriate 
Congressional committees containing— 
‘‘(1) an analysis of the general utility of the database, 
including— 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 3052 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(A) an assessment of the extent of use of the database 
by consumers, including whether the database is accessed 
by a broad range of the public and whether consumers 
find the database to be useful; and 
‘‘(B) efforts by the Commission to inform the public 
about the database; and 
‘‘(2) recommendations for measures to increase use of the 
database by consumers and to ensure use by a broad range 
of the public. 
‘‘(f) APPLICATION OF CERTAIN NOTICE AND DISCLOSURE REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.—The provisions of section 6(a) and (b) 
shall not apply to the disclosure under this section of a report 
described in subsection (b)(1)(A) of this section. 
‘‘(2) CONSTRUCTION.—Paragraph (1) shall not be construed 
to exempt from the requirements of section 6(a) and (b) informa-
tion received by the Commission under— 
‘‘(A) section 15(b); or 
‘‘(B) any other mandatory or voluntary reporting pro-
gram established between a retailer, manufacturer, or pri-
vate labeler and the Commission. 
‘‘(g) HARM DEFINED.—In this section, the term ‘harm’ means— 
‘‘(1) injury, illness, or death; or 
‘‘(2) risk of injury, illness, or death, as determined by 
the Commission.’’. 
(b) UPGRADE OF COMMISSION INFORMATION TECHNOLOGY SYS-
TEMS.—The Commission shall expedite efforts to upgrade and 
improve the information technology systems in use by the Commis-
sion on the date of enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of contents in section 
1 (15 U.S.C. 2051 note), as amended by section 206, is amended 
by inserting after the item relating to section 6 the following new 
item: 
‘‘Sec. 6A. Publicly available consumer product safety information database.’’. 
SEC. 213. PROHIBITION ON STOCKPILING UNDER OTHER COMMISSION- 
ENFORCED STATUTES. 
Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is amended— 
(1) by inserting ‘‘or to which a rule under this Act or 
similar rule, regulation, standard, or ban under any other Act 
enforced by the Commission applies,’’ after ‘‘applies,’’; and 
(2) by striking ‘‘consumer product safety rule’’ the second, 
third, and fourth places it appears, and inserting ‘‘rule, regula-
tion, standard, or ban’’. 
SEC. 214. ENHANCED RECALL AUTHORITY AND CORRECTIVE ACTION 
PLANS. 
(a) ENHANCED RECALL AUTHORITY.—Section 15 (15 U.S.C. 2064) 
is amended— 
(1) in subsection (a)(1), by inserting ‘‘under this Act or 
a similar rule, regulation, standard, or ban under any other 
Act enforced by the Commission’’ after ‘‘consumer product safety 
rule’’; 
(2) in subsection (b)— 
(A) by striking ‘‘consumer product distributed in com-
merce,’’ and inserting ‘‘consumer product, or other product 
or substance over which the Commission has jurisdiction 
15 USC 2053 
note. 
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122 STAT. 3053 
PUBLIC LAW 110–314—AUG. 14, 2008 
under any other Act enforced by the Commission (other 
than motor vehicle equipment as defined in section 
30102(a)(7) of title 49, United States Code), distributed 
in commerce,’’; 
(B) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; 
(C) by inserting after paragraph (1) the following: 
‘‘(2) fails to comply with any other rule, regulation, 
standard, or ban under this Act or any other Act enforced 
by the Commission;’’; and 
(D) by adding at the end the following: ‘‘A report pro-
vided under paragraph (2) may not be used as the basis 
for criminal prosecution of the reporting person under sec-
tion 5 of the Federal Hazardous Substances Act (15 U.S.C. 
1264), except for offenses which require a showing of intent 
to defraud or mislead.’’. 
(3) in subsection (c)— 
(A) by inserting ‘‘(1)’’ after the subsection designation; 
(B) by inserting ‘‘or if the Commission, after notifying 
the manufacturer, determines a product to be an 
imminently hazardous consumer product and has filed an 
action under section 12,’’ after ‘‘from such substantial 
product hazard,’’; 
(C) by redesignating paragraphs (1) through (3) as 
subparagraphs (D) through (F), respectively; 
(D) by inserting after ‘‘the following actions:’’ the fol-
lowing: 
‘‘(A) To cease distribution of the product. 
‘‘(B) To notify all persons that transport, store, distribute, 
or otherwise handle the product, or to which the product has 
been transported, sold, distributed, or otherwise handled, to 
cease immediately distribution of the product. 
‘‘(C) To notify appropriate State and local public health 
officials.’’; 
(E) by striking ‘‘comply.’’ in subparagraph (D), as 
redesignated, and inserting ‘‘comply, including posting clear 
and conspicuous notice on its Internet website, providing 
notice to any third party Internet website on which such 
manufacturer, retailer, distributor, or licensor has placed 
the product for sale, and announcements in languages other 
than English and on radio and television where the 
Commission determines that a substantial number of con-
sumers to whom the recall is directed may not be reached 
by other notice.’’; and 
(F) by adding at the end the following: 
‘‘(2) The Commission may require a notice described in para-
graph (1) to be distributed in a language other than English if 
the Commission determines that doing so is necessary to adequately 
protect the public. 
‘‘(3) If a district court determines, in an action filed under 
section 12, that the product that is the subject of such action 
is not an imminently hazardous consumer product, the Commission 
shall rescind any order issued under this subsection with respect 
to such product.’’; 
(4) in subsection (f)— 
(A) by striking ‘‘An order’’ and inserting ‘‘(1) Except 
as provided in paragraph (2), an order’’; and 
Notification. 
Notification. 
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122 STAT. 3054 
PUBLIC LAW 110–314—AUG. 14, 2008 
(B) by inserting at the end the following: 
‘‘(2) The requirement for a hearing in paragraph (1) shall not 
apply to an order issued under subsection (c) or (d) relating to 
an imminently hazardous consumer product with regard to which 
the Commission has filed an action under section 12.’’. 
(b) CORRECTIVE
ACTION
PLANS.—Section 15(d) (15 U.S.C. 
2064(d)) is amended— 
(1) by inserting ‘‘(1)’’ after the subsection designation; 
(2) by inserting ‘‘to provide the notice required by sub-
section (c) and’’ after ‘‘such product’’ the first place it appears; 
(3) by striking ‘‘whichever of the following actions the per-
son to whom the order is directed elects:’’ and inserting ‘‘any 
one or more of the following actions it determines to be in 
the public interest:’’; 
(4) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C); 
(5) in each of subparagraphs (A) and (B) (as so redesig-
nated), by striking ‘‘consumer product safety rule’’ each place 
it appears and inserting ‘‘rule, regulation, standard, or ban’’; 
(6) by striking ‘‘more (A)’’ in subparagraph (C), as redesig-
nated, and inserting ‘‘more (i)’’; 
(7) by striking ‘‘or (B)’’ in subparagraph (C), as redesig-
nated, and inserting ‘‘or (ii)’’; 
(8) by striking ‘‘An order under this subsection may’’ and 
inserting: 
‘‘(2) An order under this subsection shall’’; 
(9) by striking ‘‘satisfactory to the Commission,’’ and 
inserting ‘‘for approval by the Commission,’’; 
(10) by striking ‘‘paragraphs of this subsection under which 
such person has elected to act’’ and inserting ‘‘subparagraphs 
under which such person has been ordered to act’’; 
(11) by striking ‘‘if the person to whom the order is directed 
elects to take the action described in paragraph (3)’’ and insert 
‘‘if the Commission orders the action described in subparagraph 
(C)’’; 
(12) by striking ‘‘If an order under this subsection is 
directed’’ and all that follows through ‘‘has the election under 
this subsection’’; 
(13) by striking ‘‘described in paragraph (3).’’ and inserting 
‘‘described in paragraph (1)(C).’’; and 
(14) by adding at the end the following: 
‘‘(3)(A) If the Commission approves an action plan, it shall 
indicate its approval in writing. 
‘‘(B) If the Commission finds that an approved action plan 
is not effective or appropriate under the circumstances, or that 
the manufacturer, retailer, or distributor is not executing an 
approved action plan effectively, the Commission may, by order, 
amend, or require amendment of, the action plan. In determining 
whether an approved plan is effective or appropriate under the 
circumstances, the Commission shall consider whether a repair 
or replacement changes the intended functionality of the product. 
‘‘(C) If the Commission determines, after notice and opportunity 
for comment, that a manufacturer, retailer, or distributor has failed 
to comply substantially with its obligations under its action plan, 
the Commission may revoke its approval of the action plan. The 
manufacturer, retailer, or distributor to which the action plan 
applies may not distribute in commerce the product to which the 
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122 STAT. 3055 
PUBLIC LAW 110–314—AUG. 14, 2008 
action plan relates after receipt of notice of a revocation of the 
action plan.’’. 
(c) CONTENT OF NOTICE.—Section 15 (15 U.S.C. 2064) is further 
amended by adding at the end the following: 
‘‘(i) REQUIREMENTS FOR RECALL NOTICES.— 
‘‘(1) GUIDELINES.—Not later than 180 days after the date 
of enactment of the Consumer Product Safety Improvement 
Act of 2008, the Commission shall, by rule, establish guidelines 
setting forth a uniform class of information to be included 
in any notice required under an order under subsection (c) 
or (d) of this section or under section 12. Such guidelines 
shall include any information that the Commission determines 
would be helpful to consumers in— 
‘‘(A) identifying the specific product that is subject 
to such an order; 
‘‘(B) understanding the hazard that has been identified 
with 
such 
product 
(including 
information 
regarding 
incidents or injuries known to have occurred involving such 
product); and 
‘‘(C) understanding what remedy, if any, is available 
to a consumer who has purchased the product. 
‘‘(2) CONTENT.—Except to the extent that the Commission 
determines with respect to a particular product that one or 
more of the following items is unnecessary or inappropriate 
under the circumstances, the notice shall include the following: 
‘‘(A) description of the product, including— 
‘‘(i) the model number or stock keeping unit (SKU) 
number of the product; 
‘‘(ii) the names by which the product is commonly 
known; and 
‘‘(iii) a photograph of the product. 
‘‘(B) A description of the action being taken with 
respect to the product. 
‘‘(C) The number of units of the product with respect 
to which the action is being taken. 
‘‘(D) A description of the substantial product hazard 
and the reasons for the action. 
‘‘(E) An identification of the manufacturers and signifi-
cant retailers of the product. 
‘‘(F) The dates between which the product was manu-
factured and sold. 
‘‘(G) The number and a description of any injuries 
or deaths associated with the product, the ages of any 
individuals injured or killed, and the dates on which the 
Commission received information about such injuries or 
deaths. 
‘‘(H) A description of— 
‘‘(i) any remedy available to a consumer; 
‘‘(ii) any action a consumer must take to obtain 
a remedy; and 
‘‘(iii) any information a consumer needs in order 
to obtain a remedy or information about a remedy, 
such as mailing addresses, telephone numbers, fax 
numbers, and email addresses. 
‘‘(I) Other information the Commission deems appro-
priate.’’. 
Deadline. 
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122 STAT. 3056 
PUBLIC LAW 110–314—AUG. 14, 2008 
SEC. 215. INSPECTION OF FIREWALLED CONFORMITY ASSESSMENT 
BODIES; IDENTIFICATION OF SUPPLY CHAIN. 
(a) INSPECTION
OF
FIREWALLED
CONFORMITY
ASSESSMENT 
BODY.—Section 16(a) (15 U.S.C. 2065(a)) is amended— 
(1) by striking ‘‘or (B)’’ and inserting ‘‘(B) any firewalled 
conformity 
assessment 
bodies 
accredited 
under 
section 
14(f)(2)(D), or (C)’’ in paragraph (1); and 
(2) by inserting ‘‘firewalled conformity assessment body,’’ 
after ‘‘factory,’’ in paragraph (2). 
(b) 
IDENTIFICATION
OF
MANUFACTURERS, 
IMPORTERS, 
RETAILERS, AND DISTRIBUTORS.—Section 16 (15 U.S.C. 2065) is fur-
ther amended by adding at the end thereof the following: 
‘‘(c) 
IDENTIFICATION
OF
MANUFACTURERS, 
IMPORTERS, 
RETAILERS, AND DISTRIBUTORS.—Upon request by an officer or 
employee duly designated by the Commission— 
‘‘(1) every importer, retailer, or distributor of a consumer 
product (or other product or substance over which the Commis-
sion has jurisdiction under this or any other Act) shall identify 
the manufacturer of that product by name, address, or such 
other identifying information as the officer or employee may 
request, to the extent that such information is known or can 
be readily determined by the importer, retailer, or distributor; 
and 
‘‘(2) every manufacturer shall identify by name, address, 
or such other identifying information as the officer or employee 
may request— 
‘‘(A) each retailer or distributor to which the manufac-
turer directly supplied a given consumer product (or other 
product or substance over which the Commission has juris-
diction under this or any other Act); 
‘‘(B) each subcontractor involved in the production or 
fabrication of such product or substance; and 
‘‘(C) each subcontractor from which the manufacturer 
obtained a component thereof.’’. 
(c) CONFORMING AMENDMENTS.—Section 16 (15 U.S.C. 2065) 
is further amended— 
(1) in subsection (a), by inserting ‘‘INSPECTION.—’’ after 
the subsection designation; and 
(2) in subsection (b), by inserting ‘‘RECORDKEEPING.—’’ after 
the subsection designation. 
SEC. 216. PROHIBITED ACTS. 
(a) SALE OF RECALLED PRODUCTS.—Section 19(a) (15 U.S.C. 
2068(a)) is amended— 
(1) by striking paragraphs (1) and (2) and inserting the 
following: 
‘‘(1) sell, offer for sale, manufacture for sale, distribute 
in commerce, or import into the United States any consumer 
product, or other product or substance that is regulated under 
this Act or any other Act enforced by the Commission, that 
is not in conformity with an applicable consumer product safety 
rule under this Act, or any similar rule, regulation, standard, 
or ban under any other Act enforced by the Commission; 
‘‘(2) sell, offer for sale, manufacture for sale, distribute 
in commerce, or import into the United States any consumer 
product, or other product or substance that is— 
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122 STAT. 3057 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(B) subject to voluntary corrective action taken by 
the manufacturer, in consultation with the Commission, 
of which action the Commission has notified the public 
or if the seller, distributor, or manufacturer knew or should 
have known of such voluntary corrective action; 
‘‘(C) subject to an order issued under section 12 or 
15 of this Act; or 
‘‘(D) a banned hazardous substance within the meaning 
of section 2(q)(1) of the Federal Hazardous Substances 
Act (15 U.S.C. 1261(q)(1));’’; 
(2) by amending paragraph (6) to read as follows: 
‘‘(6) fail to furnish a certificate required by this Act or 
any other Act enforced by the Commission, or to issue a false 
certificate if such person in the exercise of due care has reason 
to know that the certificate is false or misleading in any mate-
rial respect; or to fail to comply with any requirement of section 
14 (including the requirement for tracking labels) or any rule 
or regulation under such section;’’. 
(3) by striking ‘‘or’’ after the semicolon in paragraph (7); 
(4) by striking ‘‘and’’ after the semicolon in paragraph 
(8); 
(5) by striking ‘‘insulation).’’ in paragraph (9) and inserting 
‘‘insulation);’’; and 
(6) by striking the period at the end of paragraph (10) 
and inserting a semicolon; and 
(7) by inserting at the end the following: 
‘‘(12) sell, offer for sale, distribute in commerce, or import 
into the United States any consumer product bearing a reg-
istered safety certification mark owned by an accredited con-
formity assessment body, which mark is known, or should 
have been known, by such person to be used in a manner 
unauthorized by the owner of that certification mark; 
‘‘(13) misrepresent to any officer or employee of the 
Commission the scope of consumer products subject to an action 
required under section 12 or 15, or to make a material misrepre-
sentation to such an officer or employee in the course of an 
investigation under this Act or any other Act enforced by the 
Commission; or 
‘‘(14) exercise, or attempt to exercise, undue influence on 
a third party conformity assessment body (as defined in section 
14(f)(2)) with respect to the testing, or reporting of the results 
of testing, of any product for compliance under this Act or 
any other Act enforced by the Commission. 
‘‘(15) export from the United States for purpose of sale 
any consumer product, or other product or substance regulated 
by the Commission (other than a consumer product or sub-
stance, the export of which is permitted by the Secretary of 
the Treasury pursuant to section 17(e)) that— 
‘‘(A) is subject to an order issued under section 12 
or 15 of this Act or is a banned hazardous substance 
within the meaning of section 2(q)(1) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1261(q)(1)); or 
‘‘(B) is subject to a voluntary corrective action taken 
by the manufacturer, in consultation with the Commission, 
of which action the Commission has notified the public; 
or 
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122 STAT. 3058 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(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 
15 USC 1194 
note. 
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122 STAT. 3059 
PUBLIC LAW 110–314—AUG. 14, 2008 
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. 
Deadline. 
Regulations. 
15 USC 2069 
note. 
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122 STAT. 3060 
PUBLIC LAW 110–314—AUG. 14, 2008 
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 
Definition. 
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122 STAT. 3061 
PUBLIC LAW 110–314—AUG. 14, 2008 
or its residents may bring an action on behalf of the residents 
of the State in any United States district court for the district 
in which the defendant is found or transacts business to obtain 
appropriate injunctive relief. 
‘‘(2) INITIATION OF CIVIL ACTION.— 
‘‘(A) NOTICE TO COMMISSION REQUIRED IN ALL CASES.— 
A State shall provide written notice to the Commission 
regarding any civil action under paragraph (1). Except 
when proceeding under subparagraph (C), the State shall 
provide the notice at least 30 days before the date on 
which the State intends to initiate the civil action by filing 
a complaint. 
‘‘(B) FILING OF COMPLAINT.—A State may initiate the 
civil action by filing a complaint— 
‘‘(i) at any time after the date on which the 30- 
day period ends; or 
‘‘(ii) earlier than such date if the Commission con-
sents to an earlier initiation of the civil action by 
the State. 
‘‘(C) 
ACTIONS
INVOLVING
SUBSTANTIAL
PRODUCT 
HAZARD.—Notwithstanding subparagraph (B), a State may 
initiate a civil action under paragraph (1) by filing a com-
plaint immediately after notifying the Commission of the 
State’s determination that such immediate action is nec-
essary to protect the residents of the State from a substan-
tial product hazard (as defined in section 15(a)). 
‘‘(D) FORM OF NOTICE.—The written notice required 
by this paragraph may be provided by electronic mail, 
facsimile machine, or any other means of communication 
accepted by the Commission. 
‘‘(E) COPY
OF
COMPLAINT.—A State shall provide a 
copy of the complaint to the Commission upon filing the 
complaint or as soon as possible thereafter. 
‘‘(3) INTERVENTION BY THE COMMISSION.—The Commission 
may intervene in such civil action and upon intervening— 
‘‘(A) be heard on all matters arising in such civil action; 
and 
‘‘(B) file petitions for appeal of a decision in such civil 
action. 
‘‘(4) CONSTRUCTION.—Nothing in this section, section 5(d) 
of the Federal Hazardous Substances Act (15 U.S.C. 1264(d)), 
section 9 of the Poison Prevention Packaging Act of 1970, 
or section 5(a) of the Flammable Fabrics Act (15 U.S.C. 1194(d)) 
shall be construed— 
‘‘(A) to prevent the attorney general of a State, or 
other authorized State officer, from exercising the powers 
conferred on the attorney general, or other authorized State 
officer, by the laws of such State; or 
‘‘(B) to prohibit the attorney general of a State, or 
other authorized State officer, from proceeding in State 
or Federal court on the basis of an alleged violation of 
any civil or criminal statute of that State. 
‘‘(5) LIMITATION.—No separate suit shall be brought under 
this subsection (other than a suit alleging a violation of para-
graph (1) or (2) of section 19(a)) if, at the time the suit is 
brought, the same alleged violation is the subject of a pending 
civil or criminal action by the United States under this Act. 
Deadline. 
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122 STAT. 3062 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(6) RESTRICTIONS ON PRIVATE COUNSEL.—If private counsel 
is retained to assist in any civil action under paragraph (1), 
the private counsel retained to assist the State may not— 
‘‘(A) share with participants in other private civil 
actions that arise out of the same operative facts any 
information that is— 
‘‘(i) subject to attorney-client or work product privi-
lege; and 
‘‘(ii) was obtained during discovery in the action 
under paragraph (1); or 
‘‘(B) use any information that is subject to attorney- 
client or work product privilege that was obtained while 
assisting the State in the action under paragraph (1) in 
any other private civil actions that arise out of the same 
operative facts.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) POISON
PREVENTION
PACKAGING
ACT.—The Poison 
Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
‘‘The attorney general of a State, or other authorized State 
officer, alleging a violation of a standard or rule promulgated under 
section 3 that affects or may affect such State or its residents, 
may bring an action on behalf of the residents of the State in 
any United States district court for the district in which the defend-
ant is found or transacts business to obtain appropriate injunctive 
relief. The procedural requirements of section 24(b) of the Consumer 
Product Safety Act (15 U.S.C. 2073(b)) shall apply to any such 
action.’’. 
(2) CLERICAL AMENDMENT.—The table of contents in section 
1 (15 U.S.C. 2051 note) is amended by striking the item relating 
to section 24 and inserting the following: 
‘‘Sec. 24. Additional enforcement of product safety rules and of section 15 orders.’’. 
SEC. 219. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended 
by section 206 of this Act, is further amended by adding at the 
end the following: 
‘‘WHISTLEBLOWER PROTECTION 
‘‘SEC. 40. (a) No manufacturer, private labeler, distributor, or 
retailer, may discharge an employee or otherwise discriminate 
against an employee with respect to compensation, terms, condi-
tions, or privileges of employment because the employee, whether 
at the employee’s initiative or in the ordinary course of the 
employee’s duties (or any person acting pursuant to a request 
of the employee)— 
‘‘(1) provided, caused to be provided, or is about to provide 
or cause to be provided to the employer, the Federal Govern-
ment, or the attorney general of a State information relating 
to any violation of, or any act or omission the employee reason-
ably believes to be a violation of any provision of this Act 
or any other Act enforced by the Commission, or any order, 
rule, regulation, standard, or ban under any such Acts; 
‘‘(2) testified or is about to testify in a proceeding concerning 
such violation; 
15 USC 2087. 
Applicability. 
15 USC 1477. 
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122 STAT. 3063 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(3) assisted or participated or is about to assist or partici-
pate in such a proceeding; or 
‘‘(4) objected to, or refused to participate in, any activity, 
policy, practice, or assigned task that the employee (or other 
such person) reasonably believed to be in violation of any provi-
sion of this Act or any other Act enforced by the Commission, 
or any order, rule, regulation, standard, or ban under any 
such Acts. 
‘‘(b)(1) A person who believes that he or she has been discharged 
or otherwise discriminated against by any person in violation of 
subsection (a) may, not later than 180 days after the date on 
which such violation occurs, file (or have any person file on his 
or her behalf) a complaint with the Secretary of Labor alleging 
such discharge or discrimination and identifying the person respon-
sible for such act. Upon receipt of such a complaint, the Secretary 
shall notify, in writing, the person named in the complaint of 
the filing of the complaint, of the allegations contained in the 
complaint, of the substance of evidence supporting the complaint, 
and of the opportunities that will be afforded to such person under 
paragraph (2). 
‘‘(2)(A) Not later than 60 days after the date of receipt of 
a complaint filed under paragraph (1) and after affording the 
complainant and the person named in the complaint an opportunity 
to submit to the Secretary a written response to the complaint 
and an opportunity to meet with a representative of the Secretary 
to present statements from witnesses, the Secretary shall initiate 
an investigation and determine whether there is reasonable cause 
to believe that the complaint has merit and notify, in writing, 
the complainant and the person alleged to have committed a viola-
tion of subsection (a) of the Secretary’s findings. If the Secretary 
concludes that there is reasonable cause to believe that a violation 
of subsection (a) has occurred, the Secretary shall accompany the 
Secretary’s findings with a preliminary order providing the relief 
prescribed by paragraph (3)(B). Not later than 30 days after the 
date of notification of findings under this paragraph, either the 
person alleged to have committed the violation or the complainant 
may file objections to the findings or preliminary order, or both, 
and request a hearing on the record. The filing of such objections 
shall not operate to stay any reinstatement remedy contained in 
the preliminary order. Any such hearing shall be conducted expedi-
tiously. If a hearing is not requested in such 30-day period, the 
preliminary order shall be deemed a final order that is not subject 
to judicial review. 
‘‘(B)(i) The Secretary shall dismiss a complaint filed under 
this subsection and shall not conduct an investigation otherwise 
required under subparagraph (A) unless the complainant makes 
a prima facie showing that any behavior described in paragraphs 
(1) through (4) of subsection (a) was a contributing factor in the 
unfavorable personnel action alleged in the complaint. 
‘‘(ii) Notwithstanding a finding by the Secretary that the 
complainant has made the showing required under clause (i), no 
investigation otherwise required under subparagraph (A) shall be 
conducted if the employer demonstrates, by clear and convincing 
evidence, that the employer would have taken the same unfavorable 
personnel action in the absence of that behavior. 
‘‘(iii) The Secretary may determine that a violation of subsection 
(a) has occurred only if the complainant demonstrates that any 
Deadlines. 
Notification. 
Investigation. 
Order. 
Notification. 
Discrimination. 
Deadline. 
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122 STAT. 3064 
PUBLIC LAW 110–314—AUG. 14, 2008 
behavior described in paragraphs (1) through (4) of subsection (a) 
was a contributing factor in the unfavorable personnel action alleged 
in the complaint. 
‘‘(iv) Relief may not be ordered under subparagraph (A) if 
the employer demonstrates by clear and convincing evidence that 
the employer would have taken the same unfavorable personnel 
action in the absence of that behavior. 
‘‘(3)(A) Not later than 120 days after the date of conclusion 
of any hearing under paragraph (2), the Secretary shall issue a 
final order providing the relief prescribed by this paragraph or 
denying the complaint. At any time before issuance of a final 
order, a proceeding under this subsection may be terminated on 
the basis of a settlement agreement entered into by the Secretary, 
the complainant, and the person alleged to have committed the 
violation. 
‘‘(B) If, in response to a complaint filed under paragraph (1), 
the Secretary determines that a violation of subsection (a) has 
occurred, the Secretary shall order the person who committed such 
violation— 
‘‘(i) to take affirmative action to abate the violation; 
‘‘(ii) to reinstate the complainant to his or her former 
position together with compensation (including back pay) and 
restore the terms, conditions, and privileges associated with 
his or her employment; and 
‘‘(iii) to provide compensatory damages to the complainant. 
If such an order is issued under this paragraph, the Secretary, 
at the request of the complainant, shall assess against the person 
against whom the order is issued a sum equal to the aggregate 
amount of all costs and expenses (including attorneys’ and expert 
witness fees) reasonably incurred, as determined by the Secretary, 
by the complainant for, or in connection with, the bringing of 
the complaint upon which the order was issued. 
‘‘(C) If the Secretary finds that a complaint under paragraph 
(1) is frivolous or has been brought in bad faith, the Secretary 
may award to the prevailing employer a reasonable attorneys’ fee, 
not exceeding $1,000, to be paid by the complainant. 
‘‘(4) If the Secretary has not issued a final decision within 
210 days after the filing of the complaint, or within 90 days after 
receiving a written determination, the complainant may bring an 
action at law or equity for de novo review in the appropriate 
district court of the United States with jurisdiction, which shall 
have jurisdiction over such an action without regard to the amount 
in controversy, and which action shall, at the request of either 
party to such action, be tried by the court with a jury. The pro-
ceedings shall be governed by the same legal burdens of proof 
specified in paragraph (2)(B). The court shall have jurisdiction 
to grant all relief necessary to make the employee whole, including 
injunctive relief and compensatory damages, including— 
‘‘(A) reinstatement with the same seniority status that 
the employee would have had, but for the discharge or discrimi-
nation; 
‘‘(B) the amount of back pay, with interest; and 
‘‘(C) compensation for any special damages sustained as 
a result of the discharge or discrimination, including litigation 
costs, expert witness fees, and reasonable attorney’s fees. 
‘‘(5)(A) Unless the complainant brings an action under para-
graph (4), any person adversely affected or aggrieved by a final 
Deadlines. 
Deadline. 
Order. 
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122 STAT. 3065 
PUBLIC LAW 110–314—AUG. 14, 2008 
order issued under paragraph (3) may obtain review of the order 
in the United States Court of Appeals for the circuit in which 
the violation, with respect to which the order was issued, allegedly 
occurred or the circuit in which the complainant resided on the 
date of such violation. The petition for review must be filed not 
later than 60 days after the date of the issuance of the final 
order of the Secretary. Review shall conform to chapter 7 of title 
5, United States Code. The commencement of proceedings under 
this subparagraph shall not, unless ordered by the court, operate 
as a stay of the order. 
‘‘(B) An order of the Secretary with respect to which review 
could have been obtained under subparagraph (A) shall not be 
subject to judicial review in any criminal or other civil proceeding. 
‘‘(6) Whenever any person has failed to comply with an order 
issued under paragraph (3), the Secretary may file a civil action 
in the United States district court for the district in which the 
violation was found to occur, or in the United States district court 
for the District of Columbia, to enforce such order. In actions 
brought under this paragraph, the district courts shall have jurisdic-
tion to grant all appropriate relief including, but not limited to, 
injunctive relief and compensatory damages. 
‘‘(7)(A) A person on whose behalf an order was issued under 
paragraph (3) may commence a civil action against the person 
to whom such order was issued to require compliance with such 
order. The appropriate United States district court shall have juris-
diction, without regard to the amount in controversy or the citizen-
ship of the parties, to enforce such order. 
‘‘(B) The court, in issuing any final order under this paragraph, 
may award costs of litigation (including reasonable attorneys’ and 
expert witness fees) to any party whenever the court determines 
such award is appropriate. 
‘‘(c) Any nondiscretionary duty imposed by this section shall 
be enforceable in a mandamus proceeding brought under section 
1361 of title 28, United States Code. 
‘‘(d) Subsection (a) shall not apply with respect to an employee 
of a manufacturer, private labeler, distributor, or retailer who, 
acting without direction from such manufacturer, private labeler, 
distributor, or retailer (or such person’s agent), deliberately causes 
a violation of any requirement relating to any violation or alleged 
violation of any order, regulation, or consumer product safety 
standard under this Act or any other law enforced by the Commis-
sion.’’. 
(b) CONFORMING
AMENDMENT.—The table of contents, as 
amended by section 206 of this Act, is further amended by inserting 
after the item relating to section 39 the following: 
‘‘Sec. 40. Whistleblower protection.’’. 
Subtitle C—Specific Import-Export 
Provisions 
SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS. 
(a) IN GENERAL.—Section 18 (15 U.S.C. 2067) is amended— 
(1) in subsection (b), by striking ‘‘any product—’’ and all 
that follows through ‘‘promulgated under section 9,’’ and 
inserting ‘‘any product which is not in conformity with an 
Deadline. 
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122 STAT. 3066 
PUBLIC LAW 110–314—AUG. 14, 2008 
applicable consumer product safety rule in effect under this 
Act,’’; and 
(2) by adding at the end the following: 
‘‘(c) The Commission may prohibit a person from exporting 
from the United States for purpose of sale any consumer product 
that is not in conformity with an applicable consumer product 
safety rule under this Act, unless the importing country has notified 
the Commission that such country accepts the importation of such 
consumer product, provided that if the importing country has not 
so notified the Commission within 30 days after the Commission 
has provided notice to the importing country of the impending 
shipment, the Commission may take such action as appropriate 
within its authority with respect to the disposition of the product 
under the circumstances. 
‘‘(d) Nothing in this section shall apply to any consumer product, 
the export of which is permitted by the Secretary of the Treasury 
pursuant to section 17(e).’’. 
(b) CONFORMING AMENDMENTS TO FLAMMABLE FABRICS ACT.— 
Section 15 of the Flammable Fabrics Act (15 U.S.C. 1202) is 
amended by adding at the end the following: 
‘‘(d) Notwithstanding any other provision of this section, the 
Consumer Product Safety Commission may prohibit, by order, a 
person from exporting from the United States for purpose of sale 
any fabric or related material that the Commission determines 
is not in conformity with an applicable standard or rule under 
this Act, unless the importing country has notified the Commission 
that such country accepts the importation of such fabric or related 
material, provided that if the importing country has not so notified 
the Commission within 30 days after the Commission has provided 
notice to the importing country of the impending shipment, the 
Commission may take such action as is appropriate with respect 
to the disposition of the fabric or related material under the cir-
cumstances. 
‘‘(e) Nothing in this section shall apply to any fabric or related 
material, the export of which is permitted by the Secretary of 
the Treasury pursuant to section 17(e).’’. 
SEC. 
222. 
IMPORT 
SAFETY 
MANAGEMENT 
AND 
INTERAGENCY 
COOPERATION. 
(a) RISK ASSESSMENT METHODOLOGY.—Not later than 2 years 
after the date of enactment of this Act, the Commission shall 
develop a risk assessment methodology for the identification of 
shipments of consumer products that are— 
(1) intended for import into the United States; and 
(2) likely to include consumer products in violation of sec-
tion 17(a) of the Consumer Product Safety Act (15 U.S.C. 
2066(a)) or other import provisions enforced by the Commission. 
(b) USE OF INTERNATIONAL TRADE DATA SYSTEM AND OTHER 
DATABASES.—In developing the methodology required under sub-
section (a), the Commission shall— 
(1) provide for the use of the International Trade Data 
System, insofar as is practicable, established under section 
411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) to evaluate 
and assess information about shipments of consumer products 
intended for import into the customs territory of the United 
States; 
Deadline. 
15 USC 2066 
note. 
Notification. 
Deadline. 
Notification. 
Deadline. 
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122 STAT. 3067 
PUBLIC LAW 110–314—AUG. 14, 2008 
(2) incorporate the risk assessment methodology required 
under this section into its information technology modernization 
plan; 
(3) examine, in consultation with U.S. Customs and Border 
Protection, how to share information collected and retained 
by the Commission, including information in the database 
required under section 6A of the Consumer Product Safety 
Act, for the purpose of identifying shipments of consumer prod-
ucts in violation of section 17(a) of such Act (15 U.S.C. 2066(a)) 
or other import provisions enforced by the Commission; and 
(4) examine, in consultation with U.S. Customs and Border 
Protection, how to share information required by section 15(j) 
of the CPSA as added by section 223 of this Act for the purpose 
of identifying shipments of consumer products in violation of 
section 17(a) of the Consumer Product Safety Act (15 U.S.C. 
2066(a)) or other import provisions enforced by the Commission. 
(c) COOPERATION WITH U.S. CUSTOMS AND BORDER PROTEC-
TION.—Not later than 1 year after the date of enactment of this 
Act, the Commission shall develop a plan for sharing information 
and coordinating with U.S. Customs and Border Protection that 
considers, at a minimum, the following: 
(1) The number of full-time equivalent personnel employed 
by the Commission that should be stationed at U.S. ports 
of entry for the purpose of identifying shipments of consumer 
products that are in violation of section 17(a) of the Consumer 
Product Safety Act (15 U.S.C. 2066(a)) or other import provi-
sions enforced by the Commission. 
(2) The extent and nature of cooperation between the 
Commission and U.S. Customs and Border Protection personnel 
stationed at ports of entry in the identification of shipments 
of consumer product that are in violation of section 17(a) of 
the Consumer Product Safety Act (15 U.S.C. 2066(a)) or other 
import provisions enforced by the Commission under this Act 
or any other provision of law. 
(3) The number of full-time equivalent personnel employed 
by the Commission that should be stationed at the National 
Targeting Center (or its equivalent) of U.S. Customs and Border 
Protection, including— 
(A) the extent and nature of cooperation between 
Commission and U.S. Customs and Border Protection per-
sonnel stationed at the National Targeting Center (or its 
equivalent), as well as at United States ports of entry; 
(B) the responsibilities of Commission personnel 
assigned to the National Targeting Center (or its equiva-
lent) under subsection (b)(3); and 
(C) whether the information available at the National 
Targeting Center (or its equivalent) would be useful to 
the Commission or U.S. Customs and Border Protection 
in identifying the consumer products described in sub-
section (a). 
(4) The development of rule sets for the Automated Tar-
geting System and expedited access for the Commission to 
the Automated Targeting System. 
(5) The information and resources necessary for the 
development, updating, and effective implementation of the 
risk assessment methodology required in subsection (a). 
Deadline. 
Plans. 
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122 STAT. 3068 
PUBLIC LAW 110–314—AUG. 14, 2008 
(d) REPORT
TO CONGRESS.—Not later than 180 days after 
completion of the risk assessment methodology required under this 
section, the Commission shall submit a report to the appropriate 
Congressional committees concerning, at a minimum, the following: 
(1) The Commission’s plan for implementing the risk 
assessment methodology required under this section. 
(2) The changes made or necessary to be made to the 
Commission’s memorandum of understanding with U.S. Cus-
toms and Border Protection. 
(3) The status of— 
(A) the development of the Automated Targeting 
System rule set required under subsection (c)(4) of this 
section; 
(B) the Commission’s access to the Automated Tar-
geting System; and 
(C) the effectiveness of the International Trade Data 
System in enhancing cooperation between the Commission 
and U.S. Customs and Border Protection for the purpose 
of identifying shipments of consumer products in violation 
of section 17(a) of the Consumer Product Safety Act (15 
U.S.C. 2066(a)) or other import provisions enforced by the 
Commission; 
(4) Whether the Commission requires additional statutory 
authority under the Consumer Product Safety Act, the Federal 
Hazardous Substances Act, the Flammable Fabrics Act, or the 
Poison Prevention Packaging Act of 1970 in order to implement 
the risk assessment methodology required under this section. 
(5) The level of appropriations necessary to implement 
the risk assessment methodology required under this section. 
SEC. 223. SUBSTANTIAL PRODUCT HAZARD LIST AND DESTRUCTION 
OF NONCOMPLIANT IMPORTED PRODUCTS. 
(a) IDENTIFICATION OF SUBSTANTIAL HAZARDS.—Section 15 (15 
U.S.C. 2064), as amended by section 214, is amended by adding 
at the end thereof the following: 
‘‘(j) SUBSTANTIAL PRODUCT HAZARD LIST.— 
‘‘(1) IN GENERAL.—The Commission may specify, by rule, 
for any consumer product or class of consumer products, 
characteristics whose existence or absence shall be deemed 
a substantial product hazard under subsection (a)(2), if the 
Commission determines that— 
‘‘(A) such characteristics are readily observable and 
have been addressed by voluntary standards; and 
‘‘(B) such standards have been effective in reducing 
the risk of injury from consumer products and that there 
is substantial compliance with such standards. 
‘‘(2) JUDICIAL
REVIEW.—Not later than 60 days after 
promulgation of a rule under paragraph (1), any person 
adversely affected by such rule may file a petition for review 
under the procedures set forth in section 11 of this Act.’’. 
(b) DESTRUCTION
OF NONCOMPLIANT IMPORTED PRODUCTS.— 
Section 17(e) (15 U.S.C. 2066(e)) is amended to read as follows: 
‘‘(e) Products refused admission into the customs territory of 
the United States shall be destroyed unless, upon application by 
the owner, consignee, or importer of record, the Secretary of the 
Treasury permits the export of the product in lieu of destruction. 
If the owner, consignee, or importer of record does not export 
Deadline. 
Deadline. 
Rules. 
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122 STAT. 3069 
PUBLIC LAW 110–314—AUG. 14, 2008 
the product within 90 days of approval to export, such product 
shall be destroyed.’’. 
(c) INSPECTION AND RECORDKEEPING REQUIREMENT.—The Act 
is further amended— 
(1) by amending section 17(g) (15 U.S.C. 2066(g)) to read 
as follows: 
‘‘(g) Manufacturers of imported products shall be in compliance 
with all inspection and recordkeeping requirements under section 
16 applicable to such products, and the Commission shall advise 
the Secretary of the Treasury of any manufacturer who is not 
in compliance with all inspection and recordkeeping requirements 
under section 16.’’; and 
(2) by adding at the end of section 16 (15 U.S.C. 2065) 
the following: 
‘‘(d) The Commission shall, by rule, condition the manufacturing 
for sale, offering for sale, distribution in commerce, or importation 
into the United States of any consumer product or other product 
on the manufacturer’s compliance with the inspection and record-
keeping requirements of this Act and the Commission’s rules with 
respect to such requirements.’’. 
SEC. 224. FINANCIAL RESPONSIBILITY. 
(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended 
by section 219, is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 41. FINANCIAL RESPONSIBILITY. 
‘‘(a) IDENTIFICATION
AND
DETERMINATION
OF
BOND.—The 
Commission, in consultation with U.S. Customs and Border Protec-
tion and other relevant Federal agencies, shall identify any con-
sumer product, or other product or substance that is regulated 
under this Act or any other Act enforced by the Commission, for 
which the cost of destruction would normally exceed bond amounts 
determined under sections 623 and 624 of the Tariff Act of 1930 
(19 U.S.C. 1623, 1624) and shall recommend to U.S. Customs and 
Border Protection a bond amount sufficient to cover the cost of 
destruction of such products or substances. 
‘‘(b) STUDY OF REQUIRING ESCROW FOR RECALLS AND DESTRUC-
TION OF PRODUCTS.— 
‘‘(1) STUDY.—The Comptroller General shall conduct a 
study to determine the feasibility of requiring— 
‘‘(A) the posting of an escrow, proof of insurance, or 
security sufficient in amount to cover the cost of destruction 
of a domestically-produced product or substance regulated 
under this Act or any other Act enforced by the Commis-
sion; and 
‘‘(B) the posting of an escrow, proof of insurance, or 
security sufficient in amount to cover the cost of an effective 
recall of a product or substance, domestic or imported, 
regulated under this Act or any other Act enforced by 
the Commission. 
‘‘(2) REPORT.—Not later than 180 days after the date of 
enactment of the Consumer Product Safety Improvement Act 
of 2008, the Comptroller General shall transmit to the appro-
priate Congressional committees a report on the conclusions 
of the study required under paragraph (1), including an assess-
ment of whether such an escrow requirement could be imple-
mented and any recommendations for such implementation.’’. 
Recommenda- 
tions. 
15 USC 2088. 
Rules. 
Manufacturers. 
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122 STAT. 3070 
PUBLIC LAW 110–314—AUG. 14, 2008 
(b) CONFORMING AMENDMENTS.—The table of contents in sec-
tion 1 (15 U.S.C. 2051 note), as amended by section 219, is amended 
by adding at the end the following: 
‘‘Sec. 41. Financial responsibility.’’. 
SEC. 225. STUDY AND REPORT ON EFFECTIVENESS OF AUTHORITIES 
RELATING TO SAFETY OF IMPORTED CONSUMER PROD-
UCTS. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General of the United States shall— 
(1) conduct a study of the authorities and provisions of 
the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) 
to assess the effectiveness of such authorities and provisions 
in preventing unsafe consumer products from entering the cus-
toms territory of the United States; 
(2) review and provide recommendations with respect to 
plans to prevent unsafe consumer products from entering the 
customs territory of the United States; and 
(3) submit to the appropriate Congressional committees 
a report on the findings of the Comptroller General with respect 
to paragraphs (1) and (2), including legislative recommenda-
tions related to, at a minimum— 
(A) inspection of foreign manufacturing plants by the 
Commission; and 
(B) requiring foreign manufacturers to consent to the 
jurisdiction of United States courts with respect to enforce-
ment actions by the Commission. 
Subtitle D—Miscellaneous Provisions and 
Conforming Amendments 
SEC. 231. PREEMPTION. 
(a) RULE WITH REGARD TO PREEMPTION.—The provisions of 
sections 25 and 26 of the Consumer Product Safety Act (15 U.S.C. 
2074 and 2075, respectively), section 18 of the Federal Hazardous 
Substances Act (15 U.S.C. 1261 note), section 16 of the Flammable 
Fabrics Act (15 U.S.C. 1203), and section 7 of the Poison Packaging 
Prevention Act of 1970 (15 U.S.C. 1476) establishing the extent 
to which those Acts preempt, limit, or otherwise affect any other 
Federal, State, or local law, any rule, procedure, or regulation, 
or any cause of action under State or local law may not be expanded 
or contracted in scope, or limited, modified or extended in applica-
tion, by any rule or regulation thereunder, or by reference in any 
preamble, statement of policy, executive branch statements, or other 
matter associated with the publication of any such rule or regula-
tion. In accordance with the provisions of those Acts, the Commis-
sion may not construe any such Act as preempting any cause 
of action under State or local common law or State statutory law 
regarding damage claims. 
(b) PRESERVATION OF CERTAIN STATE LAW.—Nothing in this 
Act or the Federal Hazardous Substances Act shall be construed 
to preempt or otherwise affect any warning requirement relating 
to consumer products or substances that is established pursuant 
to State law that was in effect on August 31, 2003. 
15 USC 2051 
note. 
Manufacturers. 
Recommenda- 
tions. 
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122 STAT. 3071 
PUBLIC LAW 110–314—AUG. 14, 2008 
SEC. 232. ALL-TERRAIN VEHICLE STANDARD. 
(a) IN GENERAL.—The Act (15 U.S.C. 2051 et seq.), as amended 
by section 224, is further amended by adding at the end thereof 
the following: 
‘‘SEC. 42. ALL-TERRAIN VEHICLES. 
‘‘(a) IN GENERAL.— 
‘‘(1) MANDATORY
STANDARD.—Notwithstanding any other 
provision of law, within 90 days after the date of enactment 
of the Consumer Product Safety Improvement Act of 2008, 
the Commission shall publish in the Federal Register as a 
mandatory consumer product safety standard the American 
National Standard for Four Wheel All-Terrain Vehicles Equip-
ment Configuration, and Performance Requirements developed 
by the Specialty Vehicle Institute of America (American 
National Standard ANSI/SVIA –1–2007). The standard shall 
take effect 150 days after it is published. 
‘‘(2) COMPLIANCE
WITH
STANDARD.—After the standard 
takes effect, it shall be unlawful for any manufacturer or dis-
tributor to import into or distribute in commerce in the United 
States any new assembled or unassembled all-terrain vehicle 
unless— 
‘‘(A) the all-terrain vehicle complies with each 
applicable provision of the standard; 
‘‘(B) the ATV is subject to an ATV action plan filed 
with the Commission before the date of enactment of the 
Act, or subsequently filed with and approved by the 
Commission, and bears a label certifying such compliance 
and identifying the manufacturer, importer or private 
labeler and the ATV action plan to which it is subject; 
and 
‘‘(C) the manufacturer or distributor is in compliance 
with all provisions of the applicable ATV action plan. 
‘‘(3) VIOLATION.—The failure to comply with any require-
ment of paragraph (2) shall be deemed to be a failure to 
comply with a consumer product safety standard under this 
Act and subject to all of the penalties and remedies available 
under this Act. 
‘‘(4) COMPLIANT
MODELS
WITH
ADDITIONAL
FEATURES.— 
Paragraph (2) shall not be construed to prohibit the distribution 
in commerce of new all-terrain vehicles that comply with the 
requirements of that paragraph but also incorporate character-
istics or components that are not covered by those requirements. 
Any such characteristics or components shall be subject to 
the requirements of section 15 of this Act. 
‘‘(b) MODIFICATION OF STANDARD.— 
‘‘(1) ANSI REVISIONS.—If the American National Standard 
ANSI/SVIA–1–2007 is revised through the applicable consensus 
standards development process after the date on which the 
product safety standard for all-terrain vehicles is published 
in the Federal Register, the American National Standards 
Institute shall notify the Commission of the revision. 
‘‘(2) COMMISSION ACTION.—Within 120 days after it receives 
notice of such a revision by the American National Standards 
Institute, the Commission shall issue a notice of proposed rule-
making in accordance with section 553 of title 5, United States 
Code, to amend the product safety standard for all-terrain 
Deadlines. 
Notices. 
Notification. 
Manufacturers. 
Exports and 
imports. 
Effective date. 
Deadline. 
Federal Register, 
publication. 
15 USC 2089. 
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122 STAT. 3072 
PUBLIC LAW 110–314—AUG. 14, 2008 
vehicles to include any such revision that the Commission 
determines is reasonably related to the safe performance of 
all-terrain vehicles, and notify the Institute of any provision 
it has determined not to be so related. The Commission shall 
promulgate an amendment to the standard for all-terrain 
vehicles within 180 days after the date on which the notice 
of proposed rulemaking for the amendment is published in 
the Federal Register. 
‘‘(3) UNREASONABLE RISK OF INJURY.—Notwithstanding any 
other provision of this Act, the Commission may, pursuant 
to sections 7 and 9 of this Act, amend the product safety 
standard for all-terrain vehicles to include any additional provi-
sion that the Commission determines is reasonably necessary 
to reduce an unreasonable risk of injury associated with the 
performance of all-terrain vehicles. 
‘‘(4) CERTAIN PROVISIONS NOT APPLICABLE.—Sections 7 and 
9 of this Act shall not apply to promulgation of any amendment 
of the product safety standard under paragraph (2). Judicial 
review of any amendment of the standard under paragraph 
(2) shall be in accordance with chapter 7 of title 5, United 
States Code. 
‘‘(c) REQUIREMENTS FOR 3-WHEELED ALL-TERRAIN VEHICLES.— 
Until a mandatory consumer product safety standard applicable 
to 3-wheeled all-terrain vehicles promulgated pursuant to this Act 
is in effect, new 3-wheeled all-terrain vehicles may not be imported 
into or distributed in commerce in the United States. Any violation 
of this subsection shall be considered to be a violation of section 
19(a)(1) of this Act and may also be enforced under section 17 
of this Act. 
‘‘(d) FURTHER PROCEEDINGS.— 
‘‘(1) DEADLINE.—The Commission shall issue a final rule 
in its proceeding entitled ‘Standards for All Terrain Vehicles 
and Ban of Three-wheeled All Terrain Vehicles’. 
‘‘(2) CATEGORIES OF YOUTH ATVS.—In the final rule, the 
Commission, in consultation with the National Highway Traffic 
Safety Administration, may provide for a multiple factor method 
of categorization that, at a minimum, takes into account— 
‘‘(A) the weight of the ATV; 
‘‘(B) the maximum speed of the ATV; 
‘‘(C) the velocity at which an ATV of a given weight 
is traveling at the maximum speed of the ATV; 
‘‘(D) the age of children for whose operation the ATV 
is designed or who may reasonably be expected to operate 
the ATV; and 
‘‘(E) the average weight of children for whose operation 
the ATV is designed or who may reasonably be expected 
to operate the ATV. 
‘‘(3) ADDITIONAL SAFETY STANDARDS.—In the final rule, the 
Commission, in consultation with the National Highway Traffic 
Safety Administration, shall review the standard published 
under subsection (a)(1) and establish additional safety stand-
ards for all-terrain vehicles to the extent necessary to protect 
the public health and safety. As part of its review, the Commis-
sion shall consider, at a minimum, establishing or strength-
ening standards on— 
‘‘(A) suspension; 
‘‘(B) brake performance; 
Regulations. 
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122 STAT. 3073 
PUBLIC LAW 110–314—AUG. 14, 2008 
‘‘(C) speed governors; 
‘‘(D) warning labels; 
‘‘(E) marketing; and 
‘‘(F) dynamic stability. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) ALL-TERRAIN VEHICLE OR ATV.—The term ‘all-terrain 
vehicle’ or ‘ATV’ means— 
‘‘(A) any motorized, off-highway vehicle designed to 
travel on 3 or 4 wheels, having a seat designed to be 
straddled by the operator and handlebars for steering con-
trol; but 
‘‘(B) does not include a prototype of a motorized, off- 
highway, all-terrain vehicle or other motorized, off-high-
way, all-terrain vehicle that is intended exclusively for 
research and development purposes unless the vehicle is 
offered for sale. 
‘‘(2) ATV ACTION PLAN.—The term ‘ATV action plan’ means 
a written plan or letter of undertaking that describes actions 
the manufacturer or distributor agrees to take to promote ATV 
safety, including rider training, dissemination of safety informa-
tion, age recommendations, other policies governing marketing 
and sale of the ATVs, the monitoring of such sales, and other 
safety related measures, and that is substantially similar to 
the plans described under the heading ‘The Undertakings of 
the Companies in the Commission Notice’ published in the 
Federal Register on September 9, 1998 (63 FR 48199–48204).’’. 
(b) GAO STUDY.—The Comptroller General shall conduct a 
study of the utility, recreational, and other benefits of all-terrain 
vehicles to which section 42 of the Consumer Product Safety Act 
(15 U.S.C. 2085) applies, and the costs associated with all-terrain 
vehicle-related accidents and injuries. 
(c) CONFORMING AMENDMENT.—The table of contents of this 
Act is further amended by inserting after the item relating to 
section 42 the following: 
‘‘Sec. 42. All-terrain vehicles.’’. 
SEC. 233. COST-BENEFIT ANALYSIS UNDER THE POISON PREVENTION 
PACKAGING ACT OF 1970. 
Section 3 of the Poison Prevention Packaging Act of 1970 (15 
U.S.C. 1472) is amended by adding at the end thereof the following: 
‘‘(e) Nothing in this Act shall be construed to require the 
Consumer Product Safety Commission, in establishing a standard 
under this section, to prepare a comparison of the costs that would 
be incurred in complying with such standard with the benefits 
of such standard.’’. 
SEC. 234. STUDY ON USE OF FORMALDEHYDE IN MANUFACTURING 
OF TEXTILE AND APPAREL ARTICLES. 
Not later than 2 years after the date of enactment of this 
Act, the Comptroller General, in consultation with the Commission, 
shall conduct a study on the use of formaldehyde in the manufacture 
of textile and apparel articles, or in any component of such articles, 
to identify any risks to consumers caused by the use of formaldehyde 
in the manufacturing of such articles, or components of such arti-
cles. 
Deadline. 
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122 STAT. 3074 
PUBLIC LAW 110–314—AUG. 14, 2008 
SEC. 235. TECHNICAL AND CONFORMING CHANGES. 
(a) DEFINITIONS.—Section 3(a) (15 U.S.C. 2052) is amended 
by adding at the end the following: 
‘‘(15) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘appropriate Congressional committees’ means the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation 
of the Senate. 
‘‘(16) CHILDREN’S PRODUCT.—The term ‘children’s product’ 
means a consumer product designed or intended primarily for 
children 12 years of age or younger. In determining whether 
a consumer product is primarily intended for a child 12 years 
of age or younger, the following factors shall be considered: 
‘‘(A) A statement by a manufacturer about the intended 
use of such product, including a label on such product 
if such statement is reasonable. 
‘‘(B) Whether the product is represented in its pack-
aging, display, promotion, or advertising as appropriate 
for use by children 12 years of age or younger. 
‘‘(C) Whether the product is commonly recognized by 
consumers as being intended for use by a child 12 years 
of age or younger. 
‘‘(D) The Age Determination Guidelines issued by the 
Commission staff in September 2002, and any successor 
to such guidelines. 
‘‘(17) THIRD-PARTY LOGISTICS PROVIDER.—The term ‘third- 
party logistics provider’ means a person who solely receives, 
holds, or otherwise transports a consumer product in the ordi-
nary course of business but who does not take title to the 
product.’’. 
(b) MISCELLANEOUS.—Section 3 (15 U.S.C. 2052) is amended— 
(1) by striking ‘‘(a) for purposes of this Act:’’ and inserting 
‘‘(a) IN GENERAL.—In this Act:’’; 
(2) by indenting each paragraph and subparagraph of sub-
section (a) 2 em spaces; 
(3) by inserting a heading, in a form consistent with the 
form of the heading of this subsection consisting of the term 
defined by such paragraph, after the designation of each para-
graph of subsection (a); 
(4) by reordering such paragraphs and the additional para-
graphs added by paragraph (1) of this subsection in alphabetical 
order based on the headings of such paragraphs and renum-
bering such paragraphs as so reordered; and 
(5) by inserting ‘‘common carriers, contract carriers, and 
freight forwarders’’ after ‘‘(b)’’ in subsection (b). 
(c) CONFORMING AMENDMENTS.— 
(1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting 
‘‘third-party logistics provider,’’ after ‘‘contract carrier,’’. 
(2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by 
striking ‘‘the Committee on Commerce, Science, and Transpor-
tation of the Senate or the Committee on Energy and Commerce 
of the House of Representatives or any subcommittee of such 
committee,’’ and insert ‘‘either of the appropriate Congressional 
committees or any subcommittee thereof,’’. 
(3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 2058(a), 
(c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are each 
amended by striking ‘‘the Committee on Commerce, Science, 
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122 STAT. 3075 
PUBLIC LAW 110–314—AUG. 14, 2008 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives’’ each place 
it appears and inserting ‘‘the appropriate Congressional 
committees’’. 
(4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is amended by 
striking ‘‘the Committee on Energy and Commerce of the House 
of Representatives, and by the Committee on Commerce, 
Science, and Transportation of the Senate.’’ and inserting ‘‘the 
appropriate Congressional committees.’’. 
(5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by 
striking ‘‘the Committee on Commerce, Science, and Transpor-
tation of the Senate and to the Committee on Energy and 
Commerce of the House of Representatives’’ and insert ‘‘the 
appropriate Congressional committees’’. 
(6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15 
U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), respec-
tively) are each amended by striking ‘‘the Congress’’ and 
inserting ‘‘the appropriate Congressional committees’’. 
(7) Section 29(e) (15 U.S.C. 2078(e)) is amended by striking 
‘‘The Commission’’ and inserting ‘‘Notwithstanding section 
6(a)(3), the Commission’’. 
SEC. 236. EXPEDITED JUDICIAL REVIEW. 
(a) IN GENERAL.—Section 11 (15 U.S.C. 2060) is amended by 
adding at the end thereof the following: 
‘‘(g) EXPEDITED JUDICIAL REVIEW.— 
‘‘(1) APPLICATION.—This subsection applies, in lieu of the 
preceding subsections of this section, to judicial review of— 
‘‘(A) any consumer product safety rule promulgated 
by the Commission pursuant to section 15(j) (relating to 
identification of substantial hazards); 
‘‘(B) any consumer product safety standard promul-
gated by the Commission pursuant to section 42 (relating 
to all-terrain vehicles); 
‘‘(C) any standard promulgated by the Commission 
under section 104 of the Consumer Product Safety Improve-
ment Act of 2008 (relating to durable infant and toddler 
products); and 
‘‘(D) any consumer product safety standard promul-
gated by the Commission under section 106 of the Con-
sumer Product Safety Improvement Act of 2008 (relating 
to mandatory toy safety standards). 
‘‘(2) IN
GENERAL.—Not later than 60 days after the 
promulgation, by the Commission, of a rule or standard to 
which this subsection applies, any person adversely affected 
by such rule or standard may file a petition with the United 
States Court of Appeals for the District of Columbia Circuit 
for judicial review of such rule. Copies of the petition shall 
be forthwith transmitted by the clerk of the court to the 
Commission or other officer designated by it for that purpose 
and to the Attorney General. The record of the proceedings 
on which the Commission based its rule shall be filed in the 
court as provided for in section 2112 of title 28, United States 
Code. 
‘‘(3) REVIEW.—Upon the filing of the petition under para-
graph (2) of this subsection, the court shall have jurisdiction 
to review the rule in accordance with chapter 7 of title 5, 
Deadlines. 
Records. 
15 USC 2081. 
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122 STAT. 3076 
PUBLIC LAW 110–314—AUG. 14, 2008 
United States Code, and to grant appropriate relief, including 
interim relief, as provided in such chapter. 
‘‘(4) CONCLUSIVENESS OF JUDGMENT.—The judgment of the 
court affirming or setting aside, in whole or in part, any final 
rule under this section shall be final, subject to review by 
the Supreme Court of the United States upon certiorari or 
certification, as provided in section 1254 of title 28, United 
States Code. 
‘‘(5) FURTHER REVIEW.—A rule or standard with respect 
to which this subsection applies shall not be subject to judicial 
review in proceedings under section 17 (relating to imported 
products) or in civil or criminal proceedings for enforcement.’’. 
(b) PENDING ACTIONS UNAFFECTED.—The amendment made by 
subsection (a) shall not apply to any petition filed before the date 
of enactment of this Act for judicial review of any action by the 
Consumer Product Safety Commission. 
SEC. 237. REPEAL. 
Section 30 (15 U.S.C. 2079) is amended by striking subsection 
(d). 
SEC. 238. POOL AND SPA SAFETY ACT TECHNICAL AMENDMENTS. 
Title XIV of the Energy Independence and Security Act of 
2007 (Public Law 110–140) is amended— 
(1) in section 1403 by adding at the end the following: 
‘‘(8) STATE.—The term ‘State’ has the meaning given such 
term in section 3(10) of the Consumer Product Safety Act 
(15 U.S.C. 2052(10)), and includes the Northern Mariana 
Islands.’’. 
(2) in section 1404 by adding at the end of subsection 
(b) the following: ‘‘If a successor standard is proposed, the 
American Society of Mechanical Engineers shall notify the 
Commission of the proposed revision. If the Commission deter-
mines that the proposed revision is in the public interest, 
it shall incorporate the revision into the standard after pro-
viding 30 days notice to the public.’’; and 
(3) by adding at the end the following: 
‘‘SEC. 1409. APPLICABILITY. 
‘‘This Act is applicable to the United States and its territories, 
including American Samoa, the Commonwealth of Puerto Rico, 
Guam, the Commonwealth of the Northern Mariana Islands, and 
the United States Virgin Islands.’’. 
SEC. 239. EFFECTIVE DATES AND SEVERABILITY. 
(a) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as otherwise specifically provided 
in this Act, this Act and the amendments made by this Act 
shall take effect on the date of enactment of this Act. 
(2) CERTAIN DELAYED EFFECTIVE DATES.—The amendments 
made by sections 103(c) and 214(a)(2) shall take effect on the 
date that is 60 days after the date of enactment of this Act. 
Subsection (c) of section 42 of the Consumer Product Safety 
Act, as added by section 232 of this Act, and the amendments 
made by sections 216 and 223(b) shall take effect on the date 
that is 30 days after the date of enactment of this Act. 
(b) SEVERABILITY.—If any provision of this Act or the amend-
ments made by this Act, or the application of such provision to 
15 USC 2051 
note. 
15 USC 2051 
note. 
15 USC 8008. 
Notification. 
Deadline. 
15 USC 8003. 
15 USC 8002. 
15 USC 2060 
note. 
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122 STAT. 3077 
PUBLIC LAW 110–314—AUG. 14, 2008 
LEGISLATIVE HISTORY—H.R. 4040 (S. 2045) (S. 2663): 
HOUSE REPORTS: Nos. 110–501 (Comm. on Energy and Commerce) and 110–787 
(Comm. of Conference). 
SENATE REPORTS: No. 110–265 accompanying S. 2045 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): Dec. 19, considered and passed House. 
Vol. 154 (2008): Mar. 6, considered and passed Senate, amended, in lieu of 
S. 2663. 
July 30, House agreed to conference report. 
July 31, Senate agreed to conference report. 
any person or circumstance, is held invalid, the remainder of this 
Act and the amendments made by this Act, and the application 
of such provision to other persons not similarly situated or to 
other circumstances, shall not be affected by such invalidation. 
Approved August 14, 2008. 
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