[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 374 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 374

 To amend the Consumer Product Safety Act to provide regulatory relief 
                 to small and family-owned businesses.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2009

  Mr. DeMint (for himself, Mr. Vitter, Mr. Wicker, and Mr. Chambliss) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Consumer Product Safety Act to provide regulatory relief 
                 to small and family-owned businesses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CERTAIN REQUIREMENTS INAPPLICABLE TO SECOND-HAND SELLERS.

    Section 19 of the Consumer Product Safety Act (15 U.S.C. 2068) is 
amended by adding at the end thereof the following:
    ``(c) Exceptions for Second-hand Sellers.--
            ``(1) In general.--It is not a violation of subsection 
        (a)(1) or (a)(2) of this section for a second-hand seller to 
        sell, offer for sale, or distribute in commerce--
                    ``(A) a consumer 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
                    ``(B) a children's product without the label 
                required by section 14(c) of this Act.
            ``(2) Second-hand seller defined.--In this subsection, 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. 2. PROSPECTIVE APPLICATION OF LEAD CONTENT AND THIRD PARTY TESTING 
              RULES.

    (a) Lead Content.--Section 101(a) of the Consumer Product Safety 
Improvement Act of 2008 (15 U.S.C. 1278a(a)) is amended--
            (1) by striking ``(b) beginning on the dates provided in 
        paragraph (2),'' in paragraph (1) and inserting ``(b),'';
            (2) by striking ``(15 U.S.C. 1261 et seq.).'' in paragraph 
        (1) and inserting ``(15 U.S.C. 1261 et seq.) if it is 
        manufactured after the date on which such limit takes 
        effect.'';
            (3) by striking ``180 days'' in paragraph (2)(A) and 
        inserting ``360 days'';
            (4) by striking ``1 year'' in paragraph (2)(B) and 
        inserting ``18 months'';
            (5) by striking ``3 years'' in paragraph (2)(C) and 
        inserting ``3\1/2\ years''; and
            (6) by striking ``3 years'' in paragraph (2)(D) and 
        inserting ``3\1/2\ years''.
    (b) Third Party Testing.--Section 14(a)(3)(A) of the Consumer 
Product Safety Act (15 U.S.C. 2063(a)(3)(A)) is amended by inserting 
``after August 9, 2009, and'' after ``manufactured''.
    (c) Application.--The amendments made by subsections (a) and (b) 
shall be treated as having taken effect on August 15, 2008.

SEC. 3. LEAD CONTENT CERTIFICATION; WAIVER OF THIRD PARTY TESTING 
              REQUIREMENT.

    Section 14(g) of the Consumer Product Safety Act (15 U.S.C. 
2063(g)) is amended by adding at the end thereof the following:
            ``(5) Special rule for lead content testing and 
        certification.--Subsection (a) shall not require the 
        manufacturer or private labeler of a product to test a product 
        for, or certify it with respect to, lead content if--
                    ``(A) each component of the product has been tested 
                for lead content by the manufacturer or private labeler 
                of the component; and
                    ``(B) the manufacturer or private labeler of each 
                such component certifies that the component (including 
                paint, electroplating, and other coatings) does not 
                contain more lead than the limit established by section 
                101(a)(2) of the Consumer Product Safety Improvement 
                Act of 2008 (15 U.S.C. 1278a(a)(2)).''.

SEC. 4. SUSPENSION OF ENFORCEMENT PENDING FINAL REGULATIONS.

    Notwithstanding any provision of law to the contrary, neither the 
Consumer Product Safety Commission nor the Attorney General of any 
State may initiate an enforcement proceeding under the Consumer Product 
Safety Act or the Federal Hazardous Substances Act for failure to 
comply with the requirements of, or for violation of, the following 
provisions of law until 30 days after the date on which the Commission 
issues the referenced rule, regulation, or guidance:
            (1) Section 101(a) of the Consumer Product Safety 
        Improvement Act of 2008 (15 U.S.C. 1278a) with respect to 
        materials, products, or parts described in subsection (b)(1), 
        until the date on which the Commission promulgates a final rule 
        providing the guidance required by section 101(b)(2)(B) of that 
        Act.
            (2) Section 101(a) of that Act with respect to certain 
        electronic devices described in section 101(b)(4) of that Act, 
        until the date on which the Commission, by final regulation, 
        issues the requirements described in subparagraph (A) of 
        section 101(b)(4) and establishes the schedule described in 
        subparagraph (A) of section 101(b)(4).
            (3) Section 14(a)(1) or (2) of the Consumer Product Safety 
        Act (15 U.S.C. 2063(a)(1) or (2)), until the date on which--
                    (A) the Commission has established and published 
                final notice of the requirements for accreditation of 
                third party conformity assessment bodies under section 
                14(a)(3)(B)(vi) of that Act for products to which 
                children's product safety rules established or revised 
                before August 14, 2008, apply,
                    (B) the Commission has established by final 
                regulation requirements for the periodic audit of third 
                party conformity assessment bodies under section 
                14(d)(1) of that Act (15 U.S.C. 2063(d)(1)), or
                    (C) the Commission has by final regulation 
                initiated the program required by section 14(d)(2)(A) 
                of that Act (15 U.S.C. 2063(d)(2)(A)) and established 
                protocols and standards under section 14(d)(2)(B) of 
                that Act (15 U.S.C. 2063(d)(2)(B)),
        whichever is last.

SEC. 5. WAIVER OF CIVIL PENALTY FOR INITIAL GOOD FAITH VIOLATION.

    Section 20(c) of the Consumer Product Safety Act (15 U.S.C. 
2069(c)) is amended by adding at the end thereof the following: ``The 
Commission shall waive any civil penalty under this section if the 
Commission determines that--
            ``(1) the violation is the first violation of section 19(a) 
        by that person; and
            ``(2) the person was acting in good faith with respect to 
        the act or omission that constitutes the violation.''.

SEC. 6. SMALL ENTERPRISE COMPLIANCE ASSISTANCE.

    (a) In General.--Within 180 days after the date of enactment of 
this Act, or as soon thereafter as is practicable, the Consumer Product 
Safety Commission, in consultation with the Small Business 
Administration and State small business agencies, shall develop a 
compliance guide for small enterprises to assist them in complying with 
the requirements of the Consumer Product Safety Act (15 U.S.C. 2051 et 
seq.) and other Acts enforced by the Commission.
    (b) Contents.--The guide--
            (1) shall be designed to assist small enterprises to 
        determine--
                    (A) whether the Consumer Product Safety Act (or any 
                other Act enforced by the Commission) applies to their 
                business activities;
                    (B) whether they are considered distributors, 
                manufacturers, private labelers, or retailers under the 
                Act; and
                    (C) which rules, standards, regulations, or 
                statutory requirements apply to their business 
                activities;
            (2) shall provide guidance on how to comply with any such 
        applicable rule, standard, regulation, or requirement, 
        including--
                    (A) what actions they should take to ensure that 
                they meet the requirements; and
                    (B) how to determine whether they have met the 
                requirements; and
            (3) may contain such additional information as the 
        Commission deems appropriate, including telephone, e-mail, and 
        Internet contacts for compliance support and information.
    (c) Publication and Distribution.--The Commission shall--
            (1) publish a sufficient number of copies of the guide to 
        satisfy both individual requests for copies and mass requests 
        to accommodate distribution by chambers of commerce, trade 
        associations and other organizations the membership of which 
        includes small enterprises whose business activities are 
        affected by the requirements of the Consumer Product Safety Act 
        and other Acts enforced by the Commission;
            (2) make the guide available, without charge, by mail; and
            (3) provide easy access to the guide on the Commission's 
        public website.
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