MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN’S PRODUCTS.

SEC. 102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN’S PRODUCTS.(a) Mandatory and Third Party Testing.—(1) General conformity certification.—(A) Amendment.—Paragraph (1) of section 14(a) (15 U.S.C. 2063(a)) is amended to read as follows:“(1) General conformity certification.—Except as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this Act or similar rule, ban, standard, or regulation under any other Act enforced by the Commission and which is imported for consumption or warehousing or distributed in commerce (and the private labeler of such product if such product bears a private label) shall issue a certificate which—“(A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this Act or any other Act enforced by the Commission; and“(B) shall specify each such rule, ban, standard, or regulation applicable to the product.”.(B) Effective date.—The amendment made by subparagraph (A) shall take effect 90 days after the date of enactment of this Act.(2) Third party testing requirement.—Section 14(2) (15 U.S.C. 2063(2)) is further amended by redesignating paragraph (2) as paragraph (4) and inserting after paragraph (1) the following:“(2) Third party testing requirement.—Effective on the dates provided in paragraph (3), before importing for consumption or warehousing or distributing in commerce any children’s product that is subject to a children’s product safety rule, every manufacturer of such children’s product (and the private labeler of such children’s product if such children’s product bears a private label) shall—“(A) submit sufficient samples of the children’s product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under paragraph (3) to be tested for compliance with such children’s product safety rule; and“(B) based on such testing, issue a certificate that certifies that such children’s product complies with the children’s product safety rule based on the assessment of a third party conformity assessment body accredited to conduct such tests.A manufacturer or private labeler shall issue either a separate certificate for each children’s product safety rule applicable to a product or a combined certificate that certifies compliance with all applicable children’s product safety rules, in which case each such rule shall be specified.“(3) Schedule for implementation of third party testing.—“(A) General application.—Except as provided under subparagraph (F), the requirements of paragraph (2) shall 122 STAT. 3023 apply to any children’s product manufactured more than 90 days after the Commission has established and published notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with a children’s product safety rule to which such children’s product is subject.“(B) Time line for accreditation.—“(i) Lead paint.—Not later than 30 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part 1303 of title 16, Code of Federal Regulations.“(ii) Full-size cribs; non full-size cribs; pacifiers.—Not later than 60 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1508, 1509, and 1511 of such title.“(iii) Small parts.—Not later than 90 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part 1501 of such title.“(iv) Children’s metal jewelry.—Not later than 120 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with the requirements of section 101(a)(2) of such Act with respect to children’s metal jewelry.“(v) Baby bouncers, walkers, and jumpers.—Not later than 210 days after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1500.18(a)(6) and 1500.86(a) of such title.“(vi) All other children’s product safety rules.—The Commission shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with other children’s product safety rules at the earliest practicable date, but in no case later than 10 months after the date of enactment of the Consumer Product Safety Improvement Act of 2008, or, in the case of children’s product safety rules established or revised 1 year or more after such date of enactment, not later than 90 days before such rules or revisions take effect.“(C) Accreditation.—Accreditation of third party conformity assessment bodies pursuant to the requirements established under subparagraph (B) may be conducted 122 STAT. 3024 either by the Commission or by an independent accreditation organization designated by the Commission.“(D) Periodic review.—The Commission shall periodically review and revise the accreditation requirements established under subparagraph (B) to ensure that the requirements assure the highest conformity assessment body quality that is feasible.“(E) Publication of accredited entities.—The Commission shall maintain on its Internet website an up-to-date list of entities that have been accredited to assess conformity with children’s product safety rules in accordance with the requirements published by the Commission under this paragraph.“(F) Extension.—If the Commission determines that an insufficient number of third party conformity assessment bodies have been accredited to permit certification for a children’s product safety rule under the accelerated schedule required by this paragraph, the Commission may extend the deadline for certification to such rule by not more than 60 days.“(G) Rulemaking.—Until the date that is 3 years after the Consumer Product Safety Improvement Act of 2008, Commission proceedings under this paragraph shall be exempt from the requirements of sections 553 and 601 through 612 of title 5, United States Code.”.(3) Conforming amendments.—Section 14(a)(4) (15 U.S.C. 2063(a)(4)), as redesignated by paragraph (2) of this subsection, is amended—(A) by striking “required by paragraph (1) of this subsection” and inserting “required under paragraph (1), (2), or (3)”; and(B) by striking “requirement under paragraph (1)” and inserting “requirement under paragraph (1), (2), or (3)”.(b) Additional Requirements; Definitions.—Section 14 (15 U.S.C. 2063) is further amended by adding at the end the following:“(d) Additional Regulations for Third Party Testing.—“(1) Audit.—Not later than 10 months after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall by regulation establish requirements for the periodic audit of third party conformity assessment bodies as a condition for the continuing accreditation of such conformity assessment bodies under subsection (a)(3)(C).“(2) Compliance; continuing testing.—Not later than 15 months after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the Commission shall by regulation—“(A) initiate a program by which a manufacturer or private labeler may label a consumer product as complying with the certification requirements of subsection (a); and“(B) establish protocols and standards—“(i) for ensuring that a children’s product tested for compliance with an applicable children’s product safety rule is subject to testing periodically and when there has been a material change in the product’s design or manufacturing process, including the sourcing of component parts;122 STAT. 3025“(ii) for the testing of random samples to ensure continued compliance;“(iii) for verifying that a children’s product tested by a conformity assessment body complies with applicable children’s product safety rules; and“(iv) for safeguarding against the exercise of undue influence on a third party conformity assessment body by a manufacturer or private labeler.“(e) Withdrawal of Accreditation.—“(1) In general.—The Commission may withdraw its accreditation or its acceptance of the accreditation of a third party conformity assessment body accredited under this section if the Commission finds, after notice and investigation, that—“(A) a manufacturer, private labeler, or governmental entity has exerted undue influence on such conformity assessment body or otherwise interfered with or compromised the integrity of the testing process with respect to the certification of a children’s product under this section; or“(B) such conformity assessment body failed to comply with an applicable protocol, standard, or requirement established by the Commission under subsection (d).“(2) Procedure.—In any proceeding to withdraw the accreditation of a conformity assessment body, the Commission—“(A) shall consider the gravity of the conformity assessment body’s action or failure to act, including—“(i) whether the action or failure to act resulted in injury, death, or the risk of injury or death;“(ii) whether the action or failure to act constitutes an isolated incident or represents a pattern or practice; and“(iii) whether and when the conformity assessment body initiated remedial action; and“(B) may—“(i) withdraw its acceptance of the accreditation of the conformity assessment body on a permanent or temporary basis; and“(ii) establish requirements for reaccreditation of the conformity assessment body.“(3) Failure to cooperate.—The Commission may suspend the accreditation of a conformity assessment body if it fails to cooperate with the Commission in an investigation under this section.“(f) Definitions.—In this section:“(1) Children’s product safety rule.—The term ‘children’s product safety rule’ means a consumer product safety rule under this Act or similar rule, regulation, standard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned hazardous product or substance.“(2) Third party conformity assessment body.—“(A) In general.—The term ‘third party conformity assessment body’ means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private 122 STAT. 3026 labeler of a product assessed by such conformity assessment body.“(B) Governmental participation.—Such term may include an entity that is owned or controlled in whole or in part by a government if—“(i) to the extent practicable, manufacturers or private labelers located in any nation are permitted to choose conformity assessment bodies that are not owned or controlled by the government of that nation;“(ii) the entity’s testing results are not subject to undue influence by any other person, including another governmental entity;“(iii) the entity is not accorded more favorable treatment than other third party conformity assessment bodies in the same nation who have been accredited under this section;“(iv) the entity’s testing results are accorded no greater weight by other governmental authorities than those of other third party conformity assessment bodies accredited under this section; and“(v) the entity does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other governmental authorities controlling distribution of products based on outcomes of the entity’s conformity assessments.“(C) Testing and certification of art materials and products.—A certifying organization (as defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations (or any successor regulation or ruling)) meets the requirements of subparagraph (A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.).“(D) Firewalled conformity assessment bodies.—Upon request, the Commission may accredit a conformity assessment body that is owned, managed, or controlled by a manufacturer or private labeler as a third party conformity assessment body if the Commission by order finds that—“(i) accreditation of the conformity assessment body would provide equal or greater consumer safety protection than the manufacturer’s or private labeler’s use of an independent third party conformity assessment body; and“(ii) the conformity assessment body has established procedures to ensure that—“(I) its test results are protected from undue influence by the manufacturer, private labeler or other interested party;“(II) the Commission is notified immediately of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over test results; and“(III) allegations of undue influence may be reported confidentially to the Commission.“(g) Requirements for Certificates.—122 STAT. 3027“(1) Identification of issuer and conformity assessment body.—Every certificate required under this section shall identify the manufacturer or private labeler issuing the certificate and any third party conformity assessment body on whose testing the certificate depends. The certificate shall include, at a minimum, the date and place of manufacture, the date and place where the product was tested, each party’s name, full mailing address, telephone number, and contact information for the individual responsible for maintaining records of test results.“(2) English language.—Every certificate required under this section shall be legible and all content required by this section shall be in the English language. A certificate may also contain the same content in any other language.“(3) Availability of certificates.—Every certificate required under this section shall accompany the applicable product or shipment of products covered by the same certificate and a copy of the certificate shall be furnished to each distributor or retailer of the product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy of the certificate to the Commission.“(4) Electronic filing of certificates for imported products.—In consultation with the Commissioner of Customs, the Commission may, by rule, provide for the electronic filing of certificates under this section up to 24 hours before arrival of an imported product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy to the Commission and to the Commissioner of Customs.“(h) Rule of Construction.—Compliance of any children’s product with third party testing and certification or general conformity certification requirements under this section shall not be construed to exempt such children’s product from any requirement that such product actually be in conformity with all applicable rules, regulation, standards, or ban under any Act enforced by the Commission.”.(c) CPSC Consideration of Existing Requirements.—In establishing standards for accreditation of a third party conformity assessment body under section 14(a)(3) of the Consumer Product Safety Act, as added by subsection (a), the Commission may consider standards and protocols for accreditation of such conformity assessment bodies by independent accreditation organizations that are in effect on the date of enactment of this Act, but shall ensure that the protocols, standards, and requirements prescribed under such section 14(a)(3) incorporate, as the standard for accreditation, the most current scientific and technological standards and techniques available.(d) Conforming Amendments.—Section 14(b) (15 U.S.C. 2063(b)) is amended—(1) by striking “consumer products which are subject to consumer product safety standards under this Act” and inserting “any product which is subject to a consumer product safety rule under this Act, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission,”; and(2) by striking “or testing programs.” and inserting “, unless the Commission, by rule, requires testing by an independent 122 STAT. 3028 third party for a particular rule, regulation, standard, or ban, or for a particular class of products.”.