Page:United States Statutes at Large Volume 122.djvu/3052

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12 2 STA T .30 2 9PUBLIC LA W 110 – 31 4— AU G .14 , 200 8com m en ce th e rul em aki n g re q uire d under p aragraph (1) and s hall promulgate standards f ornofe w er than 2 categories of dura b le infant or toddler products e v er y6 months thereafter , beginning with the product categories that the C ommission determines to be of highest priority, until the Commission has promulgated standards for all such product categories .T hereafter, the Commission shall periodically review and revise the standards set forth under this subsection to ensure that such standards provide the highest level of safety for such products that is feasible. ( 3 ) JUDIC I ALREV IE W . —A ny person adversely affected by such standards may file a petition for review under the proce - dures set forth in section 11(g) of the Consumer P roduct S afety Act (1 5U .S.C. 2 0 60(g)), as added by section 236 of this Act. (c) CRI BS .— (1) ING ENERAL.—It shall be a violation of section 1 9 (a)(1) of the Consumer Product Safety Act (15 U.S.C. 206 8 (a)(1)) for any person to which this subsection applies to manufacture, sell, contract to sell or resell, lease, sublet, offer, provide for use, or otherwise place in the stream of commerce a crib that is not in compliance with a standard promulgated under sub- section (b). (2) PERS O NS T OW H ICH SUBSECTION A P PLIES.—This sub- section applies to any person that— (A) manufactures, distributes in commerce, or contracts to sell cribs

( B ) based on the person ’ s occupation, holds itself out as having knowledge or skill peculiar to cribs, including child care facilities and family child care homes; (C) is in the business of contracting to sell or resell, lease, sublet, or otherwise place cribs in the stream of commerce; or ( D ) owns or operates a place of public accommodation affecting commerce (as defined in section 4 of the F ederal Fire Prevention and Control Act of 19 7 4 (15 U.S.C. 2203) applied without regard to the phrase ‘ ‘not owned by the Federal G overnment’’). (3) CRIB DE F INED.—In this subsection, the term ‘‘crib’’ includes— (A) new and used cribs; (B) full-si z ed or nonfull-sized cribs; and (C) portable cribs and crib-pens. (d) CONSU M ER R EGISTRATION RE Q UIREMENT.— (1) RULEMA K ING.— N otwithstanding any provision of chapter 6 of title 5, United States Code, or the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), not later than 1 year after the date of enactment of this Act, the Commission shall, pursuant to its authority under section 16(b) of the Con- sumer Product Safety Act (15 U.S.C. 2065(b)), promulgate a final consumer product safety rule to require each manufacturer of a durable infant or toddler product— (A) to provide consumers with a postage-paid consumer registration form with each such product; (B) to maintain a record of the names, addresses, e- mail addresses, and other contact information of consumers who register their ownership of such products with the Deadlin e .