S.Amdt. 4107

1. Rewrites the text S.Amdt. 4104 would insert

   Rewrites S.Amdt. 4104In place of the text S.Amdt. 4104 would insert

   In S.Amdt. 4104 as proposed

   Struck: SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECIFIED PHTHALATES.

   Struck: (a) Banned Hazardous Substance.--Effective January 1, 2009, any children's product or child care article that contains a specified phthalate shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and the prohibitions contained in section 4 of such Act shall apply to such product or article.

   Struck: (b) Prohibition on Use of Certain Alternatives to Specified Phthalates in Children's Products and Child Care Articles.--

   Struck: (1) In general.--If a manufacturer modifies a children's product or child care article that contains a specified phthalate to comply with the ban under subsection (a), such manufacturer shall not use any of the prohibited alternatives to specified phthalates described in paragraph (2).

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   Struck: (2) Prohibited alternatives to specified phthalates.--The prohibited alternatives to specified phthalates described in this paragraph are the following:

   Struck: (A) Carcinogens rated by the Environmental Protection Agency as Group A, Group B, or Group C carcinogens.

   Struck: (B) Substances described in the List of Chemicals Evaluated for Carcinogenic Potential of the Environmental Protection Agency as follows:

   Struck: (i) Known to be human carcinogens.

   Struck: (ii) Likely to be human carcinogens.

   Struck: (iii) Suggestive of being human carcinogens.

   Struck: (C) Reproductive toxicants identified by the Environmental Protection Agency that cause any of the following:

   Struck: (i) Birth defects.

   Struck: (ii) Reproductive harm.

   Struck: (iii) Developmental harm.

   Struck: (c) Preemption.--Nothing in this section or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any provision of State or local law that--

   Struck: (1) applies to a phthalate that is not described in subsection (d)(3);

   Struck: (2) applies to a phthalate described in subsection (d)(3) that is not otherwise regulated under this section;

   Struck: (3) with respect to any phthalate, requires the provision of a warning of risk, illness, or injury; or

   Struck: (4) prohibits the use of alternatives to phthalates that are not described in subsection (b)(2).

   Struck: (d) Definitions.--In this section:

   Struck: (1) Children's product.--The term "children's product" means a toy or any other product designed or intended by the manufacturer for use by a child when the child plays.

   Struck: (2) Child care article.--The term "child care article" means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

   Struck: (3) Children's product or child care article that contains a specified phthalate.--The term "children's product or child care article that contains a specified phthalate" means--

   Struck: (A) a children's product or a child care article any part of which contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP) in concentrations exceeding 0.1 percent; and

   Struck: (B) a children's product or a child care article intended for use by a child that--

   Struck: (i) can be placed in a child's mouth; and

   Struck: (ii)(I) contains any combination of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent; or

   Struck: (II) contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.

   Inserted: SEC. __. SAFETY OF CHILDREN'S PRODUCTS CONTAINING PHTHALATES.

   Inserted: (a) Findings.--Congress finds that--

   Inserted: (1) phthalates are a class of chemicals used in certain plastics to improve flexibility and are used in many products intended for use by young children, including toys and soft plastic books;

   Inserted: (2) concerns have been expressed that the use of phthalates in certain vinyl children's products and child care articles may have potential health risks for children;

   Inserted: (3) pursuant to section 28 of the Consumer Product Safety Act (15 U.S.C. 2077), the Consumer Products Safety Commission (referred to in this section as the "Commission") has the authority to convene a Chronic Hazard Advisory Panel (referred to in this section as a "CHAP"), which shall be expert and independent, to critically assess hazards and risks to human health;

   Inserted: (4) the Commission has previously convened a CHAP to study diisononyl phthalate (referred to in this section as "DINP"), the phthalate plasticizer most commonly used in soft plastic toys. The CHAP found that exposure to DINP from toys posed little or no risk of injury to children, and the Commission concurred, finding no demonstrated health risk; and

   Inserted: (5) the Commission has not convened a CHAP to assess other phthalates or other plasticizers that are used in children's products and child care articles.

   Inserted: (b) Safety Study of Children's Products Containing Phthlalates or Other Plasticizers.--

   Inserted: (1) In general.--The Commission shall examine and assess the risks to human health presented by exposure to toys or any other products designed or intended for use by children under 6 years of age that contain phthalates or other plasticizers used to soften vinyl products.

   Inserted: (2) Advisory panel on phthalates.--Pursuant to section 28 of the Consumer Product Safety Act (15 U.S.C. 2077), the Commission shall appoint a CHAP to critically assess the risks to human health presented by exposure to toys or any other products designed or intended for use by children under six years of age that contain phthalates or other plasticizers used to soften vinyl products.

   Inserted: (3) Discretion to supplement prior study.--The Commission may update its prior assessment of DINP to the extent determined necessary by the Commission.

   Inserted: (4) Report.--Not later than 18 months after the date of the enactment of this Act, the Chairman of the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that summarizes the relevant scientific evidence pertaining to any significant health risks presented by exposure to toys or any other products designed or intended for use by children under 6 years of age that contain phthalates or other plasticizers used to soften vinyl products.

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   Inserted: (c) Rulemaking.--

   Inserted: (1) Interim regulation on children's products containing dinp.--Notwithstanding the requirements under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), not later than 3 months after the date of the enactment of this Act, the Commission shall promulgate a rule that--

   Inserted: (A) sets limits on the DINP content of toys or any other products designed or intended for use by children under 6 years of age that are consistent with the findings of the CHAP on DINP; and

   Inserted: (B) shall take effect 1 year after the date on which it is promulgated.

   Inserted: (2) Final rule on safety of children's products containing phthalates or other plasticizers.--

   Inserted: (A) In general.--Not later than 24 months after the date of the enactment of this Act, the Commission, subject to the requirements of section 9(f)(3) of the Consumer Product Safety Act (15 U.S.C. 2058(f)(3)), shall promulgate a final rule to regulate products or categories of products identified in the study described in subsection (b), as reasonably necessary to eliminate or reduce an unreasonable risk of injury associated with such products.

   Inserted: (B) Establishment of limits.--The final rule promulgated under this paragraph shall establish limits for--

   Inserted: (i) the content of phthalates and other plasticizers in products or categories of products identified in the study described in subsection (b) that are consistent with the findings of the CHAP appointed pursuant to subsection (b)(2); and

   Inserted: (ii) the DINP content of toys or any other products designed or intended for use by children under 6 years of age that are consistent with the findings of the CHAP on DINP and any updated assessment of DINP conducted pursuant to subsection (b)(3).

   Inserted: (C) Effective date.--Notwithstanding the requirements of section 9(g)(1) of the Consumer Product Safety Act (15 U.S.C.

   Inserted: 2058(g)(1)), the final rule promulgated under this paragraph shall take effect 1 year after the date on which it is promulgated.

   Original wording

   In lieu of the matter proposed to be inserted, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed