[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3903 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3903

To amend the Consumer Product Safety Act to require the development of 
     a multi-stage product testing process to ensure compliance of 
  children's products with consumer product safety standards, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2007

 Mr. Matheson (for himself, Mr. Hill, Mr. Gordon of Tennessee, and Ms. 
    Bean) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Consumer Product Safety Act to require the development of 
     a multi-stage product testing process to ensure compliance of 
  children's products with consumer product safety standards, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kids' Toys Safety Act''.

SEC. 2. MANDATORY TESTING FOR CERTAIN CHILDREN'S PRODUCTS.

    (a) Mandatory and Third-Party Testing.--Section 14 of the Consumer 
Product Safety Act (15 U.S.C. 2063(b)) is amended--
            (1) in subsection (b)--
                    (A) by striking ``The Commission'' and inserting 
                ``(1) The Commission'';
                    (B) by adding at the end the following:
            ``(2) In the case of a children's product subject to a 
        consumer product safety standard under this Act, the Commission 
        shall prescribe a comprehensive testing program for such 
        products that--
                    ``(A) is designed to insure that all children's 
                products conform to all applicable consumer product 
                safety standards;
                    ``(B) includes testing for multiple stages of 
                production, including development, pre-production, 
                production, assembly, and packaging; and
                    ``(C) shall be conducted by a nongovernmental 
                independent third party qualified to perform such tests 
                or testing programs.''; and
            (2) by adding at the end the following:
    ``(d) Definitions.--The term `children's product' means a toy or 
other article intended for use by a child under 60 months 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 60 months 
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 60 months 
        of age.
            ``(4) The Age Determination Guideline issued by the 
        Consumer Product Safety Commission in September 2002 and any 
        subsequent version of such Guideline.''.

SEC. 3. CPSC NOTIFICATION OF VOLUNTARY MANUFACTURER RECALLS.

    Section 15 of the Consumer Product Safety Act is amended by adding 
at the end the following:
    ``(i) Notification of Recalled Products.--Not later than 48 hours 
after the Commission is formally notified of any voluntary recall of 
any consumer product self-initiated by a manufacturer (or a retailer in 
the case of a retailer selling a product under its own label), or 
issues an order under subsection (c) or (d) with respect to any 
product, the Commission shall--
            ``(1) post a notice of such recall or order on the Internet 
        website maintained by the Commission which shall include the 
        name and description of the product and the reason for the 
        recall; and
            ``(2) notify the State Health Department of each State of 
        the recall or order.''.

SEC. 4. TRACKING LABEL'S FOR CHILDREN'S PRODUCTS.

    Section 14(a) of the Consumer Product Safety Act (15 U.S.C. 
2063(a)) is further amended by adding at the end the following:
            ``(6) The manufacturer of a children's product shall place 
        distinguishing marks on the product or its packaging that will 
        enable the ultimate purchaser to ascertain the source, date, 
        and other production information of the product by reference to 
        those marks.''.

SEC. 5. DATABASE OF CERTAIN PRODUCTION FACILITIES.

    Not later than 3 months after the date of enactment of this Act, 
the Consumer Product Safety Commission shall establish a database to 
serve as a clearinghouse for the submission and exchange of information 
regarding factories, warehouses, or other facilities where consumer 
products which have been subject to a recall were manufactured. The 
database shall include the names and locations of such facilities, a 
description of the types of products known to have been produced in 
such facilities, and the reasons such products were recalled. The 
database shall not contain proprietary information or information 
regarding confidential business relationships.
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