Short title; table of contents

(a)

Short title

This Act may be cited as the

Safety Assurance For Every Consumer Product Act

or the

SAFE Consumer Product Act

. (b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Definition of children’s product.

Sec. 4. Product testing requirements.

Sec. 5. Product recall authority, and inspection authority.

Sec. 6. Civil and criminal penalties.

Sec. 7. Expedited disclosure.

Sec. 8. Ban on children’s products containing lead.

Sec. 9. Consumer product registration forms.

Sec. 10. Internet advertising requirement of certain children’s products.

Sec. 11. Commission procedures.

Sec. 12. Preemption.

Sec. 13. Authorization of Appropriations.

Sec. 14. Reports to Congress.

References

Wherever in this Act an amendment is expressed in terms of 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.).

Definition of children’s product

As used in this Act, the term children’s product means a toy or other article intended for use by a child under 12 years of age that is introduced into the interstate stream of commerce. In determining whether a toy or article is intended for use by a child under 12 years of age, the following factors shall be considered: (1)A statement by a manufacturer about the intended use of such toy or article, including a label on such toy or article, if such statement is reasonable. (2)The context and manner of the advertising, promotion, and marketing associated with the toy or article. (3)Whether the toy or article is commonly recognized by consumers as being intended for use by a child under 12 years of age. (4)The Age Determination Guidelines issued by the Consumer Product Safety Commission in September 2002, and any subsequent version of such Guidelines.

Product testing requirements

(a)

Mandatory and third-party testing

Section 14(b) (15 U.S.C. 2063(b)) is amended— (1)by striking The Commission may and inserting (1) The Commission shall; (2)by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, 2 ems from the left margin; (3)in paragraph (2), as so designated, by striking Any test or and inserting Except as provided in paragraph (3), any test or; and (4)by adding at the end the following:

(3)In the case of a children’s product, any test or testing program on the basis of which a certificate is issued under subsection (a)(2) shall be conducted by a nongovernmental independent third party qualified to perform such tests or testing programs.

(b)

Definition of Children's Products and Independent Third Party

Section 14 (15 U.S.C. 2063) is amended by adding at the end the following:

(d)

Definitions

In this section: (1)The term children’s product means a toy or other article intended for use by a child under 12 years of age that is introduced into the interstate stream of commerce. In determining whether a toy or article is intended for use by a child under 12 years of age, the following factors shall be considered: (A)A statement by a manufacturer about the intended use of such toy or article, including a label on such toy or article, if such statement is reasonable. (B)The context and manner of the advertising, promotion, and marketing associated with the toy or article. (C)Whether the toy or article is commonly recognized by consumers as being intended for use by a child under 12 years of age. (D)The Age Determination Guidelines issued by the Consumer Product Safety Commission in September 2002 and any subsequent version of such Guidelines. (2)The term independent third party, with respect to a testing entity, means an independent testing entity that is physically separate from any manufacturer or private labeler whose product will be tested by such entity, and is not owned, managed, controlled, or directed by such manufacturer or private labeler, and that is accredited in accordance with an accreditation process established by the Commission.

Product recall authority, and inspection authority

(a)

Commission recall authority

Section 15 (15 U.S.C. 2064) is amended— (1)by amending subsection (c) to read as follows:

(c)On receiving notification under subsection (b) or by other means, if the Commission determines that a consumer product contains a defect which could create a substantial product hazard, the Commission may order the manufacturer or any distributor or retailer of the product to take any one or more of the following actions: (1)To cease distribution of the product. (2)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. (3)To immediately provide notice to the public of the product defect. (4)To notify appropriate State and local public health officials. (5)To provide notice to all consumers to whom the product was, or may have been, distributed. (6)To recall the product and take such further action under subsection (d).

;

(2)in subsection (d), by striking An order under this subsection may also require and inserting An order under this subsection shall also require; (3)by amending subsection (f) to read as follows:

(f)(1)The Commission shall provide a person subject to an order under subsection (c) with an opportunity for an informal hearing (in accordance with such rules or regulations as the Commission shall prescribe) on— (A)the actions required by the order; and (B)any reasons why the product that is the subject of the order should not be recalled or notice required under such order should not be provided.

The Commission shall hold such hearing as soon as practicable, but not later than 2 business days, after the date of issuance of the order under subsection (c).

(2)After providing an opportunity for an informal hearing under this subsection, the Commission may, as the Commission determines to be necessary, amend the order issued under subsection (c)— (A)to specify a timetable during which the recall shall occur; or (B)to require periodic reports to the Commission describing the progress of the recall. (3)If, after providing an opportunity for an informal hearing under this subsection, the Commission determines that adequate grounds do not exist to continue the actions required by the order, the Commission shall vacate the order.

; and

(4)by adding at the end the following:

(h)

Remedies not exclusive

The remedies authorized by this section shall be in addition to any other remedies that may be available.

(b)

Retail sale of recalled product prohibited

Section 19(a) (15 U.S.C. 2068(a)) is amended— (1)in paragraph (7), by striking ; or and inserting a semicolon; (2)in paragraph (8), by striking ; or and inserting a semicolon; (3)in paragraph (9), by striking the period and inserting a semicolon; (4)in paragraph (10), by striking the period and inserting ; or; and (5)by adding at the end the following:

(11)to sell any consumer product at retail if such person knows that such product is the subject of a recall order issued by the manufacturer, the Commission, or a court.

(c)

Authority of Commission To inspect retailers

Section 16(a)(1) (15 U.S.C. 2065(a)(1)) is amended— (1)by inserting , retail store after warehouse; and (2)by striking or held and inserting held, or sold. (d)

Tracking labels for children’s products

Section 14 (15 U.S.C. 2063) is further amended by adding at the end thereof the following:

(e)The manufacturer of a children’s product or other consumer product (as may be required by the Commission in its discretion after a rulemaking proceeding) shall place distinguishing marks on the product or its packaging that will enable the ultimate purchaser to ascertain the source, date, and cohort (including the batch, run number, or other identifying characteristic) of production of the product by reference to those marks.

Civil and criminal penalties

(a)

Civil penalties

(1)

Maximum penalty determined by the Commission

Section 20(a)(1) (15 U.S.C. 2069(a)(1)) is amended by striking , except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations. and inserting . The maximum civil penalty for any related series of violations shall be determined by the Commission taking into consideration the factors described in subsection (b).. (2)

Factors to be considered

Section 20(b) (15 U.S.C. 2069(b)) is amended by inserting , among other factors, after shall consider. (b)

Criminal penalties

Section 21 (15 U.S.C. 2070) is amended— (1)in subsection (a), by striking after having received notice of noncompliance from the Commission; and (2)in subsection (b), by striking and who has knowledge of notice of noncompliance received by the corporation from the Commission,.

Expedited disclosure

(a)

Reduced Period of Notice to Manufacturers and Private Labelers Prior to public Disclosure

Section 6(b) (15 U.S.C. 2055(b)) is amended in the first sentence, by striking 30 days and inserting 10 days. (b)

Website notice requirement

Section 15 (15 U.S.C. 2064) is further amended by adding at the end the following:

(k)

Website notice

Any person required to give public notice under this section, or subject to an order issued under subsection (c) or (d) shall post, in a prominent location on such person’s Internet website (if such person maintains an Internet website), a notice regarding the product or product that is the subject of such an order.

Ban on children’s products containing lead

(a)

Banned Hazardous Substances

Effective 6 months after the date of enactment of this Act, any children’s product containing more than 40 parts per million lead shall be 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)). (b)

Certain Electronic Devices

If the Consumer Product Safety Commission determines that it is not feasible for certain electronic devices to comply with such regulations at the time the regulations shall take effect, the Commission shall, by regulation— (1)issue standards to reduce the exposure of and accessibility to lead in such electronic devices; and (2)establish a schedule by which such electronic devices shall be in full compliance with the regulations prescribed under subsection (a).

Consumer product registration forms

(a)

Authority To require

Not later than 270 days after the date of enactment of this Act, the Consumer Product Safety Commission shall, pursuant to its authority under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)), promulgate a consumer product safety rule to require manufacturers of any children’s product that is subject to a consumer product safety standard or voluntary consumer product safety standard— (1)to provide consumers with a postage-paid consumer registration form with each such product; (2)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 manufacturer in order to improve the effectiveness of manufacturer campaigns to recall such products; and (3)to permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each such product.

The Commission may, by rule, extend the registration requirement under this subsection to consumer products other than children’s products that are subject to a consumer product safety rule or voluntary standard.

(b)

Requirements for registration form

For any case in which the Commission requires product registration forms under subsection (a), such forms shall— (1)include spaces for a consumer to provide their name, address, telephone number, and e-mail address; (2)include space sufficiently large to permit easy, legible recording of all desired information; (3)be attached to the surface of each product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product; (4)include the manufacturer’s name, model name and number for the product, and the date of manufacture; (5)include a message explaining the purpose of the registration and designed to encourage consumers to complete the registration; (6)include an option for consumers to register through the Internet; and (7)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.

(c)

Record keeping and notification requirements

Any rule promulgated under subsection (a) shall require each manufacturer to maintain a record of registrants for each product manufactured that includes all of the information provided by each consumer registered, 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 maintain 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. (d)

Study

The Commission shall conduct a study at such time as it considers appropriate on the effectiveness of the consumer registration forms in facilitating product recalls. Not later than 4 years after the date of enactment of this Act, the Commission shall report its findings to Congress.

10.

Internet advertising requirement of certain children’s products

(a)

Requirement

Effective 3 months after the date of enactment of this Act, any Internet advertisement for a children’s product that is required by a consumer product safety rule to carry a warning label shall include such warning label in a clear and conspicuous location on such Internet advertisement. (b)

Enforcement as consumer product safety rule

A violation of subsection (a) shall be treated as a violation of a consumer product safety rule promulgated under section 7 of the Consumer Product Safety Act (15 U.S.C. 2056).

11.

Commission procedures

(a)

Repeal of Quorum Requirement for Commission action

Section 4(d) (15 U.S.C. 2053(d)) is amended by striking , but three and all that follows through to decline to two and inserting if an action by the Commission is necessary in the public interest and the Commission transmits to Congress its reasons for such an action. (b)

Notice of rulemaking

Section 9(a) (15 U.S.C. 2058(a)) is amended by inserting or notice of proposed rulemaking after advanced notice of proposed rulemaking. (c)

Sense of Congress regarding Commission vacancies

It is the sense of Congress that— (1)in order for the Consumer Product Safety Commission to function effectively and carry out the purposes for which the Consumer Product Safety Act was enacted, it is necessary for the full complement of 5 members of the Commission to serve and participate in the business of the Commission; and (2)the President should nominate members to fill any vacancy in the membership of the Commission as expeditiously as practicable.

12.

Preemption

Section 26 (15 U.S.C. 2075) is amended— (1)in subsection (a), by striking Whenever and inserting Except as provided in subsections (c) and (d), whenever; and (2)by adding at the end thereof the following:

(d)No consumer product safety standard promulgated by the Commission after the date of enactment of the Safety Assurance for Every Consumer Product Act, or any other action taken by the Commission after that date, shall contain a preemption provision which affects any action for damages or the liability of any person for damages under the statutory law or the common law of any State, unless such provision is expressly authorized by statute.

13.

Authorization of Appropriations

Section 32(a) (15 U.S.C. 2081(a)) is amended by striking paragraphs (1) and (2) and inserting the following:

(1)$75,600,000 for fiscal year 2008; (2)$87,950,000 for fiscal year 2009; (3)$100,300,000 for fiscal year 2010; (4)$112,650,000 for fiscal year 2011; and (5)$125,000,000 for fiscal year 2012.

14.

Reports to Congress

Not later than 1 year after the date of enactment of this Act and each year thereafter, the Consumer Product Safety Commission shall transmit a report to Congress that contains the following: (1)A description of actions taken by the Commission with regard to consumer products not in conformity with consumer product safety standards or voluntary standards recognized by the Commission. (2)A description of consumer products that were the subject of a recall during the preceding year, including the number and type of products. (3)An analysis of the effectiveness of the efforts to recall consumer products conducted by the Commission or by a manufacturer during the preceding year, including the number of products subject to the recall that were returned to the manufacturer.