Bans as a hazardous substance within the meaning of the Federal Hazardous Substances Act any children's product containing more than the specified amounts of lead. Defines the term "children's product" to mean any consumer product marketed for use by children under age six, or whose substantial use by children under age six is foreseeable.
Sets forth standards for the amount of lead that may be in such products over time. Authorizes the Consumer Product Safety Commission (CPSC) to revise the standards to any lower amount of lead that CPSC determines is feasible to achieve. Requires CPSC to review and revise the standards to require the lowest amount of lead that is feasible to achieve five years after this Act's enactment.
Requires children's products that are electronic devices to be equipped with a child-resistant cover or casing that limits exposure of and accessibility to the parts of the product containing lead if the CPSC determines it is not feasible for such products to attain lead standards. Requires such an alternative standard to be considered to be a consumer product safety rule under the Consumer Product Safety Act. Authorizes CPSC to establish a schedule by which such electronic devices shall be in full compliance.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2132 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2132
To prohibit the introduction or delivery for introduction into
interstate commerce of children's products that contain lead, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 3, 2007
Mr. Reid (for Mr. Obama (for himself, Mr. Schumer, Mr. Whitehouse, Mr.
Kerry, Mrs. Clinton, and Mr. Durbin)) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To prohibit the introduction or delivery for introduction into
interstate commerce of children's products that contain lead, 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. BAN ON CHILDREN'S PRODUCTS THAT CONTAIN LEAD.
(a) In General.--Beginning on the date that is 30 days after the
date of the enactment of this Act, any children's product that contains
more than the amount of lead set forth in subsection (b) shall be
treated as a banned hazardous substance under the Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.) and the prohibitions contained
in section 4 of such Act shall apply.
(b) Standard for Amount of Lead.--The amount of lead set forth in
this subsection is--
(1) 600 parts per million lead for any part of a product,
effective 30 days after the date of the enactment of this Act;
(2) 250 parts per million lead for any part of a product,
effective 1 year after the date of the enactment of this Act;
and
(3) 100 parts per million lead for any part of a product,
effective 2 years after the date of the enactment of this Act.
(c) Commission Authority To Revise the Standard.--
(1) More stringent standard.--The Consumer Product Safety
Commission may revise the standard set forth in subsection (b)
to any amount of lead that is lower than the level set forth in
such subsection if the Commission determines such lower amount
is feasible to achieve.
(2) Mandatory review.--After the date that is 5 years after
the date of the enactment of this Act, the Consumer Product
Safety Commission shall, based on the best available scientific
and technical information, review and revise the standard then
effective to require the lowest amount of lead that the
Commission determines is feasible to achieve.
(d) Certain Electronic Devices.--
(1) Alternate standard.--If the Consumer Product Safety
Commission determines that it is not feasible for certain
children's products that are electronic devices to attain the
standard set forth in subsection (b) or (c), such products
shall be equipped with a child-resistant cover or casing that
limits exposure of, and accessibility to, the parts of the
product containing such amounts of lead.
(2) Treatment as consumer product safety rule.--The
requirement of paragraph (1) shall be considered to be a
consumer product safety rule issued by the Consumer Product
Safety Commission under section 9 of the Consumer Product
Safety Act (15 U.S.C. 2058). The Commission may establish a
schedule by which such electronic devices shall be in full
compliance with the requirement of paragraph (1).
(e) Definition of Children's Product.--In this section, the term
``children's product'' means any consumer product marketed for use by
children under age 6, or whose substantial use by children under age 6
is foreseeable.
(f) No Preemption of More Protective State Laws.--Nothing in this
Act preempts any law or ordinance of a State or political subdivision
of a State containing a standard for lead in children's products that
provides equal or greater protection to consumers.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Star Print ordered on on the bill.
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