I 111th CONGRESS 1st Session H. R. 1046 IN THE HOUSE OF REPRESENTATIVES February 12, 2009 Mr. Putnam (for himself and Mr. Platts) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure the effective implementation of children’s product safety standards under the Consumer Product Safety Improvement Act of 2008.

1.

Short title

This Act may be cited as the Children’s Product Safety Enhancement and Clarification Act of 2009.

2.

Mandatory exclusion of fabric products from lead limits; Special considerations in enforcement with respect to small businesses, thrift stores selling used goods, and donations to charities

(a)

Mandatory exclusion of fabric products from lead limits

Section 101(b) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 1278a(b)) is amended by adding at the end the following: (6)

Mandatory exclusion of fabric products

Subsection (a) of this section shall not apply to a children’s product (as defined in section 3(a)(16) of the Consumer Product Safety Act) made solely out of fabric (as defined in section 2(f) of the Textile Fiber Products Identification Act). . (b)

Special considerations in enforcement with respect to small businesses, thrift stores selling used goods, and donations to charities

Section 101 of such Act (15 U.S.C. 1278a) is amended by adding at the end the following: (h)

Special considerations in enforcement with respect to small businesses, thrift stores selling used goods, and donations to charities

(1)

In general

In enforcing this section with respect to an entity described in paragraph (2), or a donation described in paragraph (3) made or to be made by any entity, the Commission shall do the following: (A)Work cooperatively with the entity. (B)Take into account economic, administrative, or other limits on the ability of the entity to comply with this section. (C)Construe this section, as it applies to the entity or the donation, favorably to the entity. (2)

Entity described

An entity is described in this paragraph if the entity— (A)has made a good faith effort to comply with this section; and (B)is any of the following: (i)A business concern that meets the requirements of section 3(a) of the Small Business Act and the regulations promulgated pursuant to that section. (ii)A person who sells, including on consignment, a children’s product (as defined in section 3(a)(16) of the Consumer Product Safety Act) that, when sold or offered for sale, has been previously purchased by a consumer. (3)

Donation described

A donation is described in this paragraph if the donation is of a children’s product (as defined in section 3(a)(16) of the Consumer Product Safety Act) by a person to an organization that is— (A)described in section 501(c)(3) of the Internal Revenue Code of 1986; and (B)exempt from taxation under section 501(a) of such Code. . (c)

Effective date

The amendments made by this section shall take effect as if included in the enactment of section 101 of the Consumer Product Safety Improvement Act of 2008.

3.

Exemption of fabric products from mandatory third party testing

(a)

In general

Section 14(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2063(a)(2)), as amended by section 102(a)(2) of the Consumer Product Safety Improvement Act of 2008, is amended by inserting after a children’s product safety rule the following: (except a children’s product made solely out of fabric (as defined in section 2(f) of the Textile Fiber Products Identification Act)). (b)

Effective date

The amendment made by subsection (a) shall take effect as if included in the enactment of section 102 of the Consumer Product Safety Improvement Act of 2008.