II 110th CONGRESS 1st Session S. 2132 IN THE SENATE OF THE UNITED STATES October 3, 2007 Mr. Reid (for Mr. Obama (for himself, Mr. Schumer, Mr. Whitehouse, Mr. Kerry, Mrs. Clinton, and Mr. Durbin)) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the introduction or delivery for introduction into interstate commerce of children's products that contain lead, and for other purposes.

1.

Ban on children’s products that contain lead

(a)

In general

Beginning on the date that is 30 days after the date of the enactment of this Act, any children’s product that contains more than the amount of lead set forth in subsection (b) shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and the prohibitions contained in section 4 of such Act shall apply. (b)

Standard for amount of lead

The amount of lead set forth in this subsection is— (1)600 parts per million lead for any part of a product, effective 30 days after the date of the enactment of this Act; (2)250 parts per million lead for any part of a product, effective 1 year after the date of the enactment of this Act; and (3)100 parts per million lead for any part of a product, effective 2 years after the date of the 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 amount of lead that is lower than the level set forth in such subsection if the Commission determines such lower amount is feasible to achieve. (2)

Mandatory review

After the date that is 5 years after the date of the 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)

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) or (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

The requirement of 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). (e)

Definition of children’s product

In this section, 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. (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.