I 111th CONGRESS 2d Session H. R. 5920 IN THE HOUSE OF REPRESENTATIVES July 29, 2010 Ms. Speier introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the manufacture, sale, or distribution in commerce of children’s products containing excessive cadmium, chromium, barium, or antimony, and for other purposes.

1.

Short title

This Act may be cited as the Toxic Metals Protection Act of 2010.

2.

Definitions

In this Act: (1)

Antimony

The term antimony means elemental antimony and any compounds or alloys which contain antimony. (2)

Barium

The term barium means elemental barium and any compounds or alloys which contain barium. (3)

Cadmium

The term cadmium means elemental cadmium and any compounds or alloys which contain cadmium. (4)

Children's Product

(A)

In general

The term children's product means a product designed or intended to be worn or used by children 12 years of age or younger and sold or distributed at retail. (B)

Determination of intention for wear or use by children

In determining under subparagraph (A) whether a product is designed or intended for wear or use by children 12 years of age or younger, the following factors shall be considered: (i)A statement by a manufacturer about the intended use of the product if such statement is reasonable. (ii)Any label on the product. (iii)Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for children 12 years of age or younger. (iv)Whether the product is commonly recognized by consumers as being intended for use by children 12 years of age or younger. (v)The Age Determination Guidelines: Relating Children's Ages to Toy Characteristics and Play Behavior, issued by the Commission in September 2002, and any modifications to such Guidelines. (5)

Chromium

The term chromium means elemental chromium and any compounds or alloys which contain chromium. (6)

Commission

The term Commission means the Consumer Product Safety Commission. (7)

Sold or distributed at retail

The term sold or distributed at retail means sold or distributed to a consumer.

3.

Ban on children’s products containing certain levels of antimony, barium, cadmium, or chromium

(a)

Prohibition

No person may manufacture for sale, offer for sale, or distribute in commerce any children’s product containing compounds of antimony, barium, cadmium, or chromium of which the metal content of the soluble material is in excess of the maximum soluble migrated element in parts per million as follows: (1)60 parts per million for antimony. (2)1,000 parts per million for barium. (3)75 parts per million for cadmium. (4)60 parts per million for chromium. (b)

Penalties

Any failure of a person to comply with subsection (a) shall be treated as a violation of section 4 of the Federal Hazardous Substances Act (15 U.S.C. 1263) and subject to the penalties set forth in section 5 of such Act (15 U.S.C. 1264).

4.

Alternative measures of heavy metal content

Not later than 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall establish a measurement standard for antimony, barium, cadmium, and chromium based on a units-of-mass-per-area standard that is statistically comparable to the parts-per-million measurement standard currently used.

5.

Reports

(a)

In General

Not later than one year after the date of enactment of this Act, and annually thereafter, the Commission shall submit to Congress a report on the actions taken by the Commission to enforce the provisions of this Act, including a summary of the criminal and civil penalties imposed under section 3(b). (b)

Heavy metals

Not later than one year after the date of the enactment of this Act, the Commission shall submit a report to Congress regarding heavy metals that should be banned from children's products.

6.

Effect on Federal and State law

(a)

In general

Nothing in this Act or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall preempt the authority of any State or political subdivision of a State to establish or continue in effect a provision of the law of a State or political subdivision of a State relating to regulation of products containing chromium, cadmium, barium, or antimony, except to the extent that compliance with both State and Federal law is impossible. Nothing in this section shall be construed to modify or affect any enforcement action or liability of any person under the law of any State. (b)

Preservation of certain State law

Nothing in this Act shall be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003.

7.

Effective date

This Act shall take effect on the date of the enactment of this Act and shall apply with respect to children's products manufactured on or after the date that is 90 days after such date of enactment.