Pub. L. 110-314, tit. II, subtit. D, sec. 235
TECHNICAL AND CONFORMING CHANGES.
SEC. 235. TECHNICAL AND CONFORMING CHANGES.(a) Definitions.—Section 3(a) (15 U.S.C. 2052) is amended by adding at the end the following:“(15) Appropriate congressional committees.—The term ‘appropriate Congressional committees’ means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.“(16) Children’s product.—The term ‘children’s product’ means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered:“(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.“(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.“(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.“(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.“(17) Third-party logistics provider.—The term ‘third-party logistics provider’ means a person who solely receives, holds, or otherwise transports a consumer product in the ordinary course of business but who does not take title to the product.”.(b) Miscellaneous.—Section 3 (15 U.S.C. 2052) is amended—(1) by striking “(a) for purposes of this Act:” and inserting “(a) In General.—In this Act:”;(2) by indenting each paragraph and subparagraph of subsection (a) 2 em spaces;(3) by inserting a heading, in a form consistent with the form of the heading of this subsection consisting of the term defined by such paragraph, after the designation of each paragraph of subsection (a);(4) by reordering such paragraphs and the additional paragraphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs and renumbering such paragraphs as so reordered; and(5) by inserting “common carriers, contract carriers, and freight forwarders” after “(b)” in subsection (b).(c) Conforming Amendments.—(1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting “third-party logistics provider,” after “contract carrier,”.(2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by striking “the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives or any subcommittee of such committee,” and insert “either of the appropriate Congressional committees or any subcommittee thereof,”.(3) Sections 9(a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 2058(a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are each amended by striking “the Committee on Commerce, Science, 122 STAT. 3075 and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives” each place it appears and inserting “the appropriate Congressional committees”.(4) Section 32(b)(1) (15 U.S.C. 2050(b)(1)) is amended by striking “the Committee on Energy and Commerce of the House of Representatives, and by the Committee on Commerce, Science, and Transportation of the Senate.” and inserting “the appropriate Congressional committees.”.(5) Section 35(e)(1) (15 U.S.C. 2082(e)(1)) is amended by striking “the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives” and insert “the appropriate Congressional committees”.(6) Sections 17(h)(3), 28(j)(10)(F), and 28(k)(1) and (2) (15 U.S.C. 2066(h)(3), 2077(j)(10)(F), and 2077(k)(1) and (2), respectively) are each amended by striking “the Congress” and inserting “the appropriate Congressional committees”.(7) Section 29(e) (15 U.S.C. 2078(e)) is amended by striking “The Commission” and inserting “Notwithstanding section 6(a)(3), the Commission”.