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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Children's Toxic Metals Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Antimony.--The term ''antimony'' means elemental
antimony (Sb) and any compounds or alloys which contain
antimony.
(2) Barium.--The term ''barium'' means elemental barium
(Ba) and any compounds or alloys which contain barium.
(3) Cadmium.--The term ''cadmium'' means elemental cadmium
(Cd) and any compounds or alloys which contain cadmium.
(4) Children's jewelry.--
(A) In general.--The term ''children's jewelry''
means any jewelry, including charms, bracelets,
pendants, necklaces, earrings, or rings, that is
designed or intended to be worn or used by children 12
years of age or younger and is sold or distributed at
retail.
(B) Determination of intention for wear or use by
children.--In determining under subparagraph (A)
whether jewelry is designed or intended for wear or use
by children 12 years of age or younger, the following
factors shall be considered:
(i) A statement by a manufacturer about the
intended use of the product if such statement
is reasonable.
(ii) Any label on the product.
(iii) Whether the product is represented in
its packaging, display, promotion, or
advertising as appropriate for children 12
years of age or younger.
(iv) Whether the product is commonly
recognized by consumers as being intended for
use by children 12 years of age or younger.
(v) The Age Determination Guidelines:
Relating Children's Ages to Toy Characteristics
and Play Behavior, issued by the Commission in
September 2002, and any modifications to such
Guidelines.
(5) Commission.--The term ''Commission'' means the Consumer
Product Safety Commission.
(6) Sold or distributed at retail.--The term ''sold or
distributed at retail'' means sold or distributed to a
consumer, but does not include selling activity that is
intermittent.

SEC. 3. BAN ON CERTAIN PRODUCTS CONTAINING CADMIUM, BARIUM OR ANTIMONY.

(a) Treatment as Banned Hazardous Substance.--Any children's
jewelry that is composed in whole or in part of cadmium, barium, or
antimony shall be treated as a banned hazardous substance under the
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.).
(b) Treatment as a Regulation Under the Federal Hazardous
Substances Act.--The ban imposed under subsection (a) shall be treated
as regulations of the Commission promulgated under or for the
enforcement of section 2(q) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)).
(c) Regulations.--The Commission may prescribe regulations to carry
out the provisions of this Act.

SEC. 4. ENFORCEMENT.

(a) Penalties.--
(1) In general.--Any failure of a person subject to a
requirement of section 3 to comply with such requirement shall
be treated as a violation of section 4 of the Federal Hazardous
Substances Act (15 U.S.C. 1263) and subject to the penalties
set forth in section 5 of such Act (15 U.S.C. 1264).
(b) Reports.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Commission shall submit to Congress a report on the actions
taken by the Commission to enforce the provisions of this Act,
including a summary of the criminal and civil penalties imposed
under subsection (a).
(2) Heavy metals.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall submit a report
to Congress regarding heavy metals which should be banned from
children's products.

SEC. 5. EFFECT ON FEDERAL AND STATE LAW.

(a) In General.--Nothing in this Act or section 18(b)(1)(B) of the
Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall affect the
authority of any State or political subdivision of a State to establish
or continue in effect a provision of the law of a State or political
subdivision of a State relating to regulation of products containing
cadmium, barium, or antimony, except to the extent that compliance with
both State and Federal law is impossible. Nothing in this section shall
be construed to modify or affect any enforcement action or liability of
any person under the law of any State.
(b) Preservation of Certain State Law.--Nothing in this 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.

SEC. 6. EFFECTIVE DATE.

This Act shall take effect on the date of the enactment of this Act
and shall apply with respect to children's jewelry manufactured on or
after the date that is 90 days after such date of enactment.
Children's Toxic Metals Act - Bans as a hazardous substance and prohibits the manufacture, sale, or distribution in commerce of jewelry containing cadmium, barium, or antimony for children 12 years old or younger.

Sets forth: (1) factors to determine whether jewelry is designed or intended for wear or use by such children; and (2) penalties for violations of such prohibition.