S 69
112th CONGRESS
1st Session
S. 69
To amend the Consumer Product Safety Improvement Act of 2008
to exclude secondary sales, repair services, and certain vehicles from
the ban on lead in children's products, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. TESTER introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
A BILL
To amend the Consumer Product Safety Improvement Act of 2008
to exclude secondary sales, repair services, and certain vehicles from
the ban on lead in children's products, 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. SHORT TITLE.
This Act may be cited as the `Common Sense in Consumer Product Safety
Act of 2011'.
SEC. 2. EXCLUSION OF SECONDARY SALES, REPAIR SERVICES, AND CERTAIN
VEHICLES FROM BAN ON LEAD IN CHILDREN'S PRODUCTS.
(a) Exclusion of Secondary Sales and Repair Services- Subsection (a)
of section 101 of the Consumer Product Safety Improvement Act of 2008
(15 U.S.C. 1278a) is amended by adding at the end the following:
`(A) SECONDARY SALES- The sale of a children's product described
in paragraph (1) after the first retail sale of that product shall
not be considered an introduction or delivery for introduction into
interstate commerce under section 4(a) of the Federal Hazardous
Substances Act (15 U.S.C. 1263(a)) of such product.
`(B) REPAIR SERVICES- The repair of a children's product described
in paragraph (1) shall not be considered an introduction or delivery
for introduction into interstate commerce under such section 4(a)
of such product.'.
(b) Exclusion of Certain Vehicles- Subsection (b) of such section 101(b)
is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
`(5) CERTAIN VEHICLES- A vehicle designed or intended primarily for
children 6 years of age or older shall not be considered a children's
product for purposes of the prohibition in subsection (a). In determining
whether a vehicle is primarily intended for a child 6 years of age
or older, the factors specified in section 3(a)(2) of the Consumer
Product Safety Act (15 U.S.C. 2052(a)(2)) shall be considered except
that such section shall be applied by substituting `6 years of age
or older' for `12 years of age or younger' each place that term appears.'.
END
