[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1027 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1027

To exempt second-hand sellers of certain products from the lead content 
     and certification requirements of the Consumer Product Safety 
                        Improvement Act of 2008.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2009

 Mr. Posey (for himself and Mr. Bright) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To exempt second-hand sellers of certain products from the lead content 
     and certification requirements of the Consumer Product Safety 
                        Improvement Act of 2008.

    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 ``Thrift Store Protection Act''.

SEC. 2. CERTAIN REQUIREMENTS INAPPLICABLE TO SECOND-HAND SELLERS.

    (a) In General.--Notwithstanding any other provision of law, for 
the 2-year period beginning on the date of enactment of this Act, it 
shall not be a violation of subsections (a)(1) or (a)(2) of section 19 
of the Consumer Product Safety Act (15 U.S.C. 2068) or of section 4(a) 
of the Federal Hazardous Substances Act (15 U.S.C. 1263(a)) for a 
second-hand seller to sell, offer for sale, or distribute in commerce--
            (1) a specified used product for resale that is treated as 
        a banned hazardous substance under the Federal Hazardous 
        Substances Act (15 U.S.C. 1261 et seq.) because of the 
        application of section 101(a) of the Consumer Product Safety 
        Improvement Act of 2008 (15 U.S.C. 1278a); or
            (2) a specified used product without the label required by 
        section 14(c) of the Consumer Product Safety Act (15 U.S.C. 
        2063(c)).
    (b) Definitions.--In this Act--
            (1) the term ``specified used product'' means an article of 
        clothing, a textile, shoes, or a book that, when sold or 
        offered for sale, has previously been purchased for use by a 
        consumer; and
            (2) the term ``second-hand seller'' means--
                    (A) a consignment shop, thrift shop, or similar 
                enterprise that sells, offers for sale, or distributes 
                in commerce a product after the first retail sale of 
                that product;
                    (B) an individual who utilizes the Internet, a yard 
                sale, or other casual means of selling, or offering for 
                sale, such a product; or
                    (C) a person who sells, or offers for sale, such a 
                product at an auction for the benefit of a nonprofit 
                organization.

SEC. 3. GAO STUDY.

    The Comptroller General shall conduct a study on the application of 
consumer product safety standards, rules, and bans to specified used 
products and the impact that such application has on second-hand 
sellers. Not later than 1 year after the date of enactment of this Act, 
the Comptroller General shall transmit to Congress a report of the 
study including--
            (1) recommendations on whether and how to apply consumer 
        product safety standards, rules, and bans to such products and 
        whether certain products can and should be exempted from such 
        standards, rules, or bans; and
            (2) any necessary accommodations that should be made for 
        second-hand sellers, including recommendations for any 
        necessary legislation.
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