[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 608 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 608

To amend the Consumer Product Safety Improvement Act of 2008 to exclude 
secondary sales, repair services, and certain vehicles from the ban on 
          lead in children's products, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2009

  Mr. Tester 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 Improvement Act of 2008 to exclude 
secondary sales, repair services, and certain vehicles from the ban on 
          lead in children's products, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense in Consumer Product 
Safety Act of 2009''.

SEC. 2. EXCLUSION OF SECONDARY SALES, REPAIR SERVICES, AND CERTAIN 
              VEHICLES FROM BAN ON LEAD IN CHILDREN'S PRODUCTS.

    (a) Exclusion of Secondary Sales and Repair Services.--Subsection 
(a) of section 101 of the Consumer Product Safety Improvement Act of 
2008 (15 U.S.C. 1278a) is amended by adding at the end the following:
            ``(3) Construction.--
                    ``(A) Secondary sales.--The sale of a children's 
                product described in paragraph (1) after the first 
                retail sale of that product shall not be considered an 
                introduction or delivery for introduction into 
                interstate commerce under section 4(a) of the Federal 
                Hazardous Substances Act (15 U.S.C. 1263(a)) of such 
                product.
                    ``(B) Repair services.--The repair of a children's 
                product described in paragraph (1) shall not be 
                considered an introduction or delivery for introduction 
                into interstate commerce under such section 4(a) of 
                such product.''.
    (b) Exclusion of Certain Vehicles.--Subsection (b) of such section 
101(b) is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following:
            ``(5) Certain vehicles.--A vehicle designed or intended 
        primarily for children 7 years of age or older shall not be 
        considered a children's product for purposes of the prohibition 
        in subsection (a). In determining whether a vehicle is 
        primarily intended for a child 7 years of age or older, the 
        factors specified in section 3(a)(2) of the Consumer Product 
        Safety Act (15 U.S.C. 2052(a)(2)) shall be considered except 
        that such section shall be applied by substituting `7 years of 
        age or older' for `12 years of age or younger' each place that 
        term appears.''.
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