12 2 STA T .30 3 5PUBLIC LA W 110 – 31 4— AU G .14 , 200 8(A)providesa si gn i f i c an tlyh igher degree of protection fro m s u ch ris k of in j ury than the consumer product safety standard or rule under this section
and ( B ) does not unduly b urden interstate commerce .I n determining the burden , ifany,ofa S tate or political subdivi - sion standard or regulation on interstate commerce, the C ommission shall consider and make appropriate (as deter- mined by the Commission in its discretion) findings on the technological and economic feasibility of complying w ith such standard or regulation, the cost of complying with such standard or regulation, the geographic distribution of the con- sumer product to which the standard or regulation would apply, the probability of other States or political subdivisions applying forane x emption under this subsection for a similar standard or regulation, and the need for a national, uniform standard under this Act for such consumer product. ( 2 ) EF F ECTO F S T AND A R DS ON ESTA BLI S H ED STATE LA W S. —N othing in this section or in section 2 6 of the Consumer P roduct Safety Act ( 15U .S.C. 2 07 5) shall prevent a State or political subdivision of a State from continuing in effect a safety re q uire- ment applicable to a toy or other children ’ s product that is designed to deal with the same risk of injury as the consumer product safety standards established by this section and that is in effect on the day before the date of enactment of this Act, if such State or political subdivision has filed such require- ment with the Commission within 9 0 days after the date of enactment of this Act, in such form and in such manner as the Commission may require. (i) JU DICIAL R E V IEW.— T he issuance of any rule under this section is subject to judicial review as provided in section 11(g) of the Consumer Product Safety Act (15 U.S.C. 2060(g)), as added by section 2 3 6 of this Act. SEC.107 . S TUDYOFPR E V E N T ABL E I N J URIES AND DEAT H SIN M INORITY CHILDREN RELATED TO CONSUMER PRODUCTS. (a) IN G ENERAL.—Not later than 90 days after the date of enactment of this Act, the Comptroller General shall initiate a study, by the Government Accountability O ffice or by contract through an independent entity, to assess disparities in the risks and incidence of preventable injuries and deaths among children of minority populations, including Black, H ispanic, American Indian, Alaska Native, Native Hawaiian, and Asian / Pacific Islander children in the United States. The Comptroller General shall consult with the Commission as necessary. (b) RE Q UIRE M ENTS.—The study shall examine the racial dispari- ties of the rates of preventable injuries and deaths related to suffocation, poisonings, and drownings, including those associated with the use of cribs, mattresses and bedding materials, swimming pools and spas, and toys and other products intended for use by children. (c) RE P ORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall report the findings to the appropriate Congressional committees. The report shall include— (1) the Comptroller General’s findings on the incidence of preventable risks of injuries and deaths among children Deadlin e . Deadline.
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