H.R. 2715 (112th): To provide the Consumer Product Safety Commission with greater authority and discretion in enforcing the consumer product safety laws, and for other purposes.

Introduced:
Aug 01, 2011 (112th Congress, 2011–2013)
Sponsor:
Rep. Mary Bono Mack [R-CA45]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-28.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was enacted after being signed by the President on August 12, 2011.

Progress
Introduced Aug 01, 2011
Referred to Committee Aug 01, 2011
Passed Senate Aug 01, 2011
Passed House Aug 01, 2011
Signed by the President Aug 12, 2011
Votes

House Vote on Passage
Aug 01, 2011 2:28 p.m.
Passed 421/2

Cosponsors
7 cosponsors (4D, 3R) (show)
Committees

House Energy and Commerce

The committee chair determines whether a bill will move past the committee stage.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jan 01, 2012.
11 pages

Primary Source

View on THOMAS (The Library of Congress)

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GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

8/12/2011--Public Law. (This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)
Section 1 -
Amends the Consumer Product Safety Improvement Act of 2008 to apply the limit on lead content in children's products only to product's manufactured after the effective date of the limit.
Requires the Consumer Product Safety Commission (CPSC) to grant an exception to such lead limit for a specific product, class of product, material, or component part if CPSC determines that:
(1) it is not practicable or technologically feasible to manufacture the item in accordance with the lead limit by removing the excessive lead or by making the lead inaccessible;
(2) the item is not likely to be placed in the mouth or ingested by a child; and
(3) the exception will have no measurable adverse effect on public health or safety (i.e., the exception will result in no measurable increase in blood lead levels of a child).
Sets forth procedures for granting these exceptions.
Exempts off-highway vehicles from the limit on lead content in children's products.
Exempts bicycles from such lead limit and applies an alternate limit for the metal component part of the products.
Exempts used children's products from the lead limit, except for children's metal jewelry, any product for which the donating party or seller has actual knowledge that the product is in violation of the lead limits, or any product or category as determined by CPSC.
Section 2 -
Amends the Consumer Product Safety Act to authorize CPSC to revise third party testing regulations to reduce testing costs consistent with assuring compliance with children's product safety rules.
Requires CPSC to exempt small batch manufacturers from third party testing requirements if no alternative testing requirement is available or economically practicable.
Limits such exemption as necessary to protect public health and safety and for certain children's products (e.g., durable infant or toddler products).
Excludes ordinary books, ordinary paper-based printed materials, and the metal component parts of bicycles from third party testing requirements.
Prohibits subdividing production of a children's product into small quantities that has the effect of evading any third party testing requirements.
Section 3 -
Sets forth procedures that apply when CPSC adopts a voluntary consumer product safety standard issued by an organization. Applies revisions to the safety standards for cribs only to a person that manufactures or imports cribs, unless a more expansive application is necessary to protect against an unreasonable risk to health or safety.
Section 4 -
Considers any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration (FDA) or any statute administered by FDA to be a consumer product safety standard issued by CPSC.
Section 5 -
Applies limits on phthalates in children's toys or child care articles to plasticized component parts of such toys or articles, unless such component is not accessible to a child.
Section 6 -
Authorizes CPSC to: (1) exclude a specific product or class of products from regulations requiring that products contain distinguishing marks to identify production information if it is not practicable for such product or class of products to bear such marks; and (2) establish alternative requirements for identification of products.
Section 7 -
Revises provisions regarding reports of harm relating to the use of consumer products for the database on the safety of consumer products to: (1) require a stay of five days before submitting such information if CPSC receives notice that information in a report is materially inaccurate, and (2) establish procedures for when the CPSC receives a report missing a model or serial number for the product.
Section 8 -
Gives the CPSC the authority to: (1) issue subpoenas for the production of physical evidence, and (2) delegate to CPSC's general counsel the authority to issue subpoenas to federal, state, or local government agencies.
Section 9 -
Requires CPSC to issue a final rule on safety standards pertaining to all-terrain vehicles within one year of enactment of this Act.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/112/1/hr2715.

Summary

H.R. 2715 would provide greater authority and discretion to the Consumer Product Safety Commission (CPSC) in enforcement of product safety laws.

H.R. 2715 would address a number of unintended consequences created by the Consumer Product Safety Improvement Act of 2008.  The bill would do the following;

  • Provide relief from an August 14, 2011, deadline by making the 100ppm lead limit prospective;
  • Create a more flexible exemption process for products containing lead in excess of statutory limits;
  • Grant relief to bikes and ATVs from lead limits and testing;
  • Grant relief for printed books and other materials;
  • Permit the resale by thrift and charity stores of used children’s products made prior to the 2008 law;
  • Create additional but limited flexibility in the statutory testing regime;
  • Grant limited relief for small batch manufacturers;
  • Limit retroactivity of future crib standards;
  • Create an exception for inaccessible parts made of phthalates similar to the exception for inaccessible parts containing lead; and
  • Make modest modifications to the database created by the 2008 law.

Cost

At press time, no official Congressional Budget Office estimate was available.   

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)