II 112th CONGRESS 1st Session S. 69 IN THE SENATE OF THE UNITED STATES January 25 (legislative day, January 5), 2011 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.

1.

Short title

This Act may be cited as the Common Sense in Consumer Product Safety Act of 2011.

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 6 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 6 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 6 years of age or older for 12 years of age or younger each place that term appears. .