12 2 STA T .30 3 8PUBLIC LA W 110 – 31 4— AU G .14 , 2008 af f ect a nyS tate r e qui re m ent w it h re sp ect t o any phtha l ate alter - nati v e not specifically re g ulate d in a consumer product safety standard under the C onsumer P roduct Safety A ct .( e )DEFIN I T I O N S . — ( 1 ) DEFINE D TE RM S.—As used in this section
(A) T he term ‘ ‘phthalate alternative ’ ’ means any common su b stitute to a phthalate , alternative material to a phthalate, or alternative plastici z er. ( B ) The term ‘‘children’s toy’’ means a consumer product designed or intended by the manufacturer for a child 1 2 years of age or younger for use by the child when the child plays. (C) The term ‘‘child care article’’ means a consumer product designed or intended by the manufacturer to facili- tate sleep or the feeding of children age 3 and younger, or to help such children with suc k ing or teething. (D) The term ‘‘consumer product’’ has the meaning given such term in section 3(a)(1) of the Consumer Product Safety Act (1 5U .S.C. 2 0 52(a)(1)). (2) DETERMIN A TION GU IDE L INES.— (A) AGE.— I n determining whether products described in paragraph (1) are designed or intended for use by a child of the ages specified, the following factors shall be considered: (i) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. (ii) W hether the product is represented in its pack- aging, display, promotion, or advertising as appropriate for use by children of the ages specified. (iii) Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified. (iv) The Age Determination guidelines issued by the Commission staff in September 2002 and any suc- cessor to such guidelines. (B) TO Y T H AT C AN B E P LACED IN A CHILD’S MOUTH.— F or purposes of this section a toy can be placed in a child’s mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children’s product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth. TI T LE II —CONSUM E RP RO D UCT S AF ET Y COMMISSION REFORM S ubti t le A—A dm i n i s t ra ti v eIm p r o vements SEC.201 . R E AUTHO R IZ ATIO N O F THE CO M MISSION. (a) AUTHORI Z ATION OF APPROPRIATIONS.—Subsection (a) of sec- tion 32 (15 U.S.C. 20 8 1) is amended to read as follows: ‘‘(a) G ENERAL AUTHORIZATION OF APPROPRIATIONS.—
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