110 HR 3743 IH: To declare certain children’s products containing lead to U.S. House of Representatives 2007-10-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3743 IN THE HOUSE OF REPRESENTATIVES October 3, 2007 Mr. Waxman (for himself, Mr. Carney, Mr. Ellison, and Mr. Rush) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To declare certain children’s products containing lead to be banned hazardous substances.

1.

Ban on Children’s Products Containing Lead

(a)

Banned Hazardous Substance

Effective 30 days after the date of enactment of this Act, any children’s product containing more than the amounts of lead set forth in subsection (b) 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)

Standard for amount of lead

The amounts of lead referred to in subsection (a) shall be— (1)600 parts per million lead for any part of a product, effective 30 days after the date of enactment of this Act; (2)250 parts per million lead for any part of a product, effective 1 year after the date of enactment of this Act; and (3)100 parts per million lead for any part of a product, effective 2 years after the date of enactment of this Act. (c)

Commission authority To revise the standard

(1)

More stringent standard

The Consumer Product Safety Commission may revise the standard set forth in subsection (b) to any lower amount of lead than is set forth in such subsection that the Commission determines is feasible to achieve. (2)

Mandatory review

After the date that is 5 years after the date of enactment of this Act, the Consumer Product Safety Commission shall, based on the best available scientific and technical information, review and revise the standard then effective to require the lowest amount of lead that the Commission determines is feasible to achieve. (d)

Definition of Children’s Product

As used in subsection (a), the term children’s product means any consumer product marketed for use by children under age 6, or whose substantial use by children under age 6 is foreseeable. (e)

Certain Electronic Devices

(1)

Alternate standard

If the Consumer Product Safety Commission determines that it is not feasible for certain children’s products that are electronic devices to attain the standard set forth in subsection (b) of (c), such products shall be equipped with a child-resistant cover or casing that limits exposure of and accessibility to the parts of the product containing such amounts of lead. (2)

Treatment as consumer product safety rule

Paragraph (1) shall be considered to be a consumer product safety rule issued by the Consumer Product Safety Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). The Commission may establish a schedule by which such electronic devices shall be in full compliance with the requirement of paragraph (1). (f)

No preemption of more protective State laws

Nothing in this Act preempts any law or ordinance of a State or political subdivision of a State containing a standard for lead in children’s products that provides equal or greater protection to consumers.