March 2008 (07B-130)
 Bulletin Summary
On March 6, the Senate passed HR 4040 – EAS and agreed to incorporate parts of Senate Bill S. 2663 (the later version of S. 2045). The CPSC Reform Act, Bill HR 4040, was unanimously passed in the House of Representatives by roll call vote in December 2007 and passed the Senate with amendmentson March 6, 2008. The bill now proceeds to a conference committee of Senators and Representatives to work out differences in the versions of thebill and will then go back to vote in each chamber. Once approved by both chambers, the bill will go before the President for signing before becoming law.
Bureau Veritas will keep you up-to-date as new information becomes available. |
Comparison of Proposed Bills | Rush Bill - HR 4040 | Pryor Bill - S 2045 | HR 4040 – EAS
(Engrossed Amendment as Agreed to by Senate) |
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(Passed by the House of Representatives in December 2007) | (Original Bill Proposed by the Senate; later revised to S. 2663). | (Passed by the Senate on March 6. Includes HR 4040 as passed by the House with amendments from S. 2663.) |
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Defines children as age 12 and under | Defines children as under age 7 | Defines children as age 7 and under |
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Allows for 3rd party or proprietary labs (1st party in-house) to conduct testing | Only allows for 3rd party laboratory testing | Allows for 3rd party laboratory and firewalled proprietary laboratory testing |
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Does not identify a testing frequency | Requires biannual testing | Does not identify a testing frequency |
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Increases civil penalties to $10 M | Increases penalties to $100 M | Increases civil penalties to $20 M |
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Surface coatings on children’s products & furniture reduced to 0.009 mg/cm² total lead. Paint reduced to 90 ppm total lead.
Paint and coatings reduced to 90 ppm total lead. | Paints and coatings reduced to 90 ppm total lead. | Paints and surface coating on furniture reduced to 90 ppm (0.009%) total lead. |
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Restricts total lead in any part of a children’s product:
- 600 ppm, 180 days after enactment, and
- 300 ppm, 2 years after enactment, and
- 100 ppm, 4 years after enactment | Restricts total lead in any part of a children’s product:
- 200 ppm for jewelry
- 400 ppm for all other products | Restricts total lead in any part of a children’s product:
- 300 ppm, 1 year after enactment, and
- 100 ppm, 3 years after enactment, or
- if CPSC determines this limit feasible, CPSC will establish a limit between 300 ppm & 100 ppm |
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No whistleblower provision | Includes a whistleblower provision that allows for protection of the whistleblower and also allows them to receive up to 25% of any civil penalty assessed | Allows for protection of whistleblower |
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Additional Key Components:
HR 4040-EAS also requires:
> Tracking labels on children’s product and packaging
> Product registration cards/forms for all durable infant or toddler products
> Certain toys and games sold in catalogs and on the internet to include cautionary labeling as specified in FHSA
> Commission to examine effectiveness of voluntary safety standards for durable infant/toddler products
> Commission staff to increase to at least 500 with additional funding provided over the next seven years
> The allowance of State Attorneys General to bring action on behalf of the residents of the state
> ASTM F963-07 to be considered a safety rule and mandatory, 60 days after enactment
> The establishment and maintenance of a publicly available searchable database
> Five Commissioners (Two members from different political parties constitutes a quorum for first nine months)
> The CPSC to conduct a study and identify any risks to consumers on the use of formaldehyde in manufacturing of textile and apparel articles, within two years after enactment
> A ban on phthalates:
o Children’s products (defined as toy or other product for use during play) and child care articles (products to
facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething) must not
contain in any combination DEHP, DBP, and BBP exceeding 0.1%
o Children’s products or child care articles that can be placed in a child’s mouth, must not contain,
-- any combination of DINP, DIDP, and DnOP exceeding 0.1%
-- any combination of DEHP, DBP, BBP, DINP, DIDP, and DnOP exceeding 0.1%
o It also prohibits alternatives that are carcinogens and reproductive toxicants as specified in the bill
o Effective January 1, 2009
Full Text of HR 4040 (EAS)
To view the full text of the bill passed by the Senate on March 6, 2008, please visit: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h4040eas.txt.pdf
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