[Congressional Record Volume 155, Number 46 (Tuesday, March 17, 2009)]
[Senate]
[Pages S3165-S3166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TESTER:
  S. 608. 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; to the Committee on Commerce, Science, and Transportation.
  Mr. TESTER. Mr. President, I rise today to introduce the Common Sense 
in Consumer Product Safety Act of 2009 on behalf of the folks across 
America who are outdoor enthusiasts and budding sportsman and women. 
This bill will bring a common sense approach to restrictions we place 
upon access to children's products.
  Last fall, in response to the high lead paint content found in a 
number of toys and products intended for children, the Congress passed 
legislation to limit children's access to these dangerous products. 
Many of these products were imports from China and other places where 
consumer protection is weak or non-existent. I supported this 
legislation, as did 78 of my colleagues.
  Today, however, we have learned that this bill has had some 
unintended consequences. Any product sold that is intended to be used 
by children up to the age of 12 must be tested and certified to not 
contain more than the allowable level of lead.
  While the goal is admirable, it is important to inject a little 
common sense into the process. I want our kids and grandkids to be safe 
and protected from harmful toys, but we all know that most kids who are 
past the teething stage do not chew on their toys. It is important to 
enact responsible safety requirements while at the same time 
recognizing that overzealous restrictions can interfere with a way of 
life enjoyed by not just Montanans, but outdoor enthusiasts across 
America.
  As the Vice Chairman of the Congressional Sportsmen's Caucus, I am 
proud to stand up for Montana's outdoor heritage at every chance. 
Unfortunately, the new law goes too far and limits younger Montanans' 
opportunities to be a part of that heritage.
  My bill will protect small businesses and allow families better, 
safer access to the outdoors.
  The current law extends to all products intended for the use of 
children through the age of 12. This includes ATVs, dirt bikes and 
other vehicles built specifically for the use of older kids and adults; 
the way the vehicles are built, parts that might include lead are not 
totally sealed away and therefore they do not pass the standard of 
inaccessibility required by law. As a result of this requirement, a 
number of ATV sales and retail establishments have halted the sale of 
all ATVs for kids. In an abundance of caution, they have also refused 
to repair any equipment intended for kids use.
  I have heard from many Montanans--consumers and retail sales people 
alike--expressing their concern about the impact of the legislation 
upon outdoor motor sports. Therefore today, I am introducing this bill 
to designate an exception for vehicles intended to be used by children 
between the ages of 7 and 12.
  In addition to manufacturers and merchants, thrift stores and other 
retail establishments are also implicated because of the wide-reaching 
scope of the legislation. It is possible that even holding a yard sale 
can lead folks astray from the new law. Therefore, my bill also removes 
liability for lead paint content in any product that is repaired or is 
resold by thrift stores, flea markets or at yard sales. The liability 
in place at the time of primary sale of these products is sufficient 
and it could cripple the profitability of the secondary merchants if 
they were to be liable for testing the products they resell or repair.
  In this tough economy, second-hand resellers simply can not afford 
the third-party testing requirement put in place by last fall's bill. 
At the same time, more and more of Montana's families are finding their 
budgets tighten and are relying upon thrift and resale stores for toys, 
children's clothing and other household goods. I want to make sure that 
laws intended to keep our kids safe end up doing more harm than good.

[[Page S3166]]

  I think this a very important bill, bringing a dose of common sense 
to the very important goal of protecting our kids from lead paint and 
other substances that will harm their health. I urge my colleagues to 
join me in this effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 608

       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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