Short title

This Act may be cited as the

Kids’ Toys Safety Act

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.

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.

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.

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.