Consumer Product Safety Improvement Act of 2008

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110TH UNITED STATES CONGRESS
2ND SESSION

An Act
To establish consumer product safety standards and other safety requirements for children's products and to reauthorize
and modernize the Consumer Product Safety Commission.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title; Table of Contents.[edit]

(a) Short Title.—
This Act may be cited as the ``Consumer Product Safety Improvement Act of 2008´´.
(b) Table of Contents.—
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authority to issue implementing regulations.
TITLE I — CHILDREN’S PRODUCT SAFETY
Sec. 101. Children’s products containing lead; lead paint rule.
Sec. 102. Mandatory third party testing for certain children’s products.
Sec. 103. Tracking labels for children’s products.
Sec. 104. Standards and consumer registration of durable nursery products.
Sec. 105. Labeling requirement for advertising toys and games.
Sec. 106. Mandatory toy safety standards.
Sec. 107. Study of preventable injuries and deaths in minority children related to consumer products.
Sec. 108. Prohibition on sale of certain products containing specified phthalates.
TITLE II — CONSUMER PRODUCT SAFETY COMMISSION REFORM
Subtitle A — Administrative Improvements
Sec. 201. Reauthorization of the Commission.
Sec. 202. Full Commission requirement; interim quorum; personnel.
Sec. 203. Submission of copy of certain documents to Congress.
Sec. 204. Expedited rulemaking.
Sec. 205. Inspector general audits and reports.
Sec. 206. Industry-sponsored travel ban.
Sec. 207. Sharing of information with Federal, State, local, and foreign government agencies.
Sec. 208. Employee training exchanges.
Sec. 209. Annual reporting requirement.
Subtitle B — Enhanced Enforcement Authority
Sec. 211. Public disclosure of information.
Sec. 212. Establishment of a public consumer product safety database.
Sec. 213. Prohibition on stockpiling under other Commission-enforced statutes.
Sec. 214. Enhanced recall authority and corrective action plans.
Sec. 215. Inspection of firewalled conformity assessment bodies; identification of supply chain.
Sec. 216. Prohibited acts.
Sec. 217. Penalties.
Sec. 218. Enforcement by State attorneys general.
Sec. 219. Whistleblower protections.
Subtitle C — Specific Import-Export Provisions
Sec. 221. Export of recalled and non-conforming products.
Sec. 222. Import safety management and interagency cooperation.
Sec. 223. Substantial product hazard list and destruction of noncompliant imported products.
Sec. 224. Financial responsibility.
Sec. 225. Study and report on effectiveness of authorities relating to safety of imported consumer products.
Subtitle D — Miscellaneous Provisions and Conforming Amendments
Sec. 231. Preemption.
Sec. 232. All-terrain vehicle standard.
Sec. 233. Cost-benefit analysis under the Poison Prevention Packaging Act of 1970.
Sec. 234. Study on use of formaldehyde in manufacturing of textile and apparel articles.
Sec. 235. Technical and conforming changes.
Sec. 236. Expedited judicial review.
Sec. 237. Repeal.
Sec. 238. Pool and Spa Safety Act technical amendments.
Sec. 239. Effective dates and Severability.


Sec. 2. References.[edit]

(a) Defined terms.—
As used in this Act—
(1) the term “appropriate Congressional committees” means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
(2) the term “Commission” means the Consumer Product Safety Commission.
(b) Consumer Product Safety Act.—
Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).

Sec. 3. Authority to Issue Implementing Regulations.[edit]

The Commission may issue regulations, as necessary, to implement this Act and the amendments made by this Act.


Approved August 14, 2008.


Legislative History[edit]

  • HOUSE REPORTS:
  • SENATE REPORTS:
    • No. 110-265 accompanying S. 2045 (Comm. on Commerce, Science, and Transportation)
  • CONGRESSIONAL RECORD, Vol. 153 (2007):
    • Dec. 19, considered and passed House.
  • CONGRESSIONAL RECORD, Vol. 154 (2008):
    • Mar. 6, considered and passed Senate, amended, in lieu of S. 2663.
    • July 30, House agreed to conference report.
    • July 31, Senate agreed to conference report.