I 111th CONGRESS 1st Session H. R. 1027 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.

1.

Short title

This Act may be cited as the Thrift Store Protection Act.

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.

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.