[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3533 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3533

  To amend the Consumer Product Safety Act to clarify and ensure the 
     effective implementation of certain children's product safety 
  provisions added by the Consumer Product Safety Improvement Act of 
                                 2008.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2009

 Mr. Burgess introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Consumer Product Safety Act to clarify and ensure the 
     effective implementation of certain children's product safety 
  provisions added by 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. MANDATORY SAFETY MARK FOR ALL TOYS AND DURABLE INFANT AND 
              TODDLER PRODUCTS.

    Section 14(d)(2)(A) of the Consumer Product Safety Act (15 U.S.C. 
2603) is amended by inserting after ``or private labeler may'' the 
following: ``, and by which a manufacturer or private labeler of a toy 
or durable nursery product shall,''.

SEC. 2. REQUIREMENTS OF SAFETY CERTIFICATION AND MARK PROGRAMS FOR TOYS 
              AND DURABLE INFANT AND TODDLER PRODUCTS.

    Section 14(d)(2) of the Consumer Product Safety Act (15 U.S.C. 
2603) is amended by adding at the end the following new subparagraph:
                    ``(C) in addition to the protocols and standards 
                for testing referred to in subparagraph (B), require 
                that the certification labeling (mark) requirements for 
                toys, as defined by ASTM International Standard F963-08 
                or its successor, and durable infant and toddler 
                products, as defined by section 104(f) of the Consumer 
                Product Safety Improvement Act of 2008, referred to in 
                subparagraph (A) must be based upon, at minimum--
                            ``(i) comprehensive product safety design 
                        analysis, conducted by qualified professionals 
                        who are not employed by the manufacturer or 
                        private labeler;
                            ``(ii) appropriate testing frequency, 
                        including pre-production (prototype) testing, 
                        and production (batch) testing of sufficient 
                        sample size but in any case not less frequent 
                        than every 500,000 final product units;
                            ``(iii) selection of random samples for 
                        testing by an independent, third party 
                        conformity assessment body; and
                            ``(iv) adequate market testing of products 
                        for sale to consumers, including random 
                        selection of products by an independent, third 
                        party conformity assessment body.''.

SEC. 3. ELIMINATION OF GENERAL CONFORMITY CERTIFICATION REQUIREMENTS.

    Section 14 of the Consumer Product Safety Act (15 U.S.C. 2603) is 
amended by striking subsection (a)(1) in its entirety.

SEC. 4. DELAY OF EFFECTIVE DATE FOR TRACKING LABEL REQUIREMENTS.

    Section 14(a)(5) of the Consumer Product Safety Act (15 U.S.C. 
2603) is amended by striking ``1 year'' and inserting ``2 years''.
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