Page:United States Statutes at Large Volume 122.djvu/3042

 12 2 STA T .30 1 9PUBLIC LA W 110 – 31 4— AU G .14 , 200 8normal an d r e a s ona b l yf oreseeable u se and abuse of su chp roduc t, as determ i ned by the C ommission .A component part is not accessible under this subpara g raph if such component part is not physically e x posed by reason of a sealed co v ering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product. R easonably foreseeable use and abuse shall include to, s w allowing, mouthing, brea k ing, or other chil - dren ’ s activities, and the aging of the product. (B)INAC C ES S IB I L I TYPRO CEE D IN G . —W ithin 1 year after the date of enactment of this Act, the Commission shall promulgate a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible for purposes of subparagraph (A). (C) APPLICATION PENDING CPSC G U IDANCE.— U ntil the Commission promulgates a rule pursuant to subparagraph (B), the determination of whether a product component is inaccessible to a child shall be made in accordance with the re q uirements laid out in subparagraph (A) for consid- ering a component to be inaccessible to a child. ( 3 ) CERTAIN BARRIERS DIS Q UALI F IED.— F or purposes of this subsection, paint, coatings, or electroplating may not be consid- ered to be a barrier that would render lead in the substrate inaccessible to a child, or to prevent absorption of any lead into the human body, through normal and reasonably foresee- able use and abuse of the product. ( 4 ) CERTAIN ELECTRONIC DE V ICES.—If the Commission determines that it is not technologically feasible for certain electronic devices, including devices containing batteries, to comply with subsection (a), the Commission, by regulation, shall— (A) issue requirements to eliminate or minimi z e the potential for exposure to and accessibility of lead in such electronic devices, which may include requirements that such electronic devices be equipped with a child-resistant cover or casing that prevents exposure to and accessibility of the parts of the product containing lead and (B) establish a schedule by which such electronic devices shall be in full compliance with the limits in sub- section (a), unless the Commission determines that full compliance will not be technologically feasible for such devices within a schedule set by the Commission. ( 5 ) P ERIODIC REVIE W .— T he Commission shall, based on the best available scientific and technical information, periodi- cally review and revise the regulations promulgated pursuant to this subsection no less frequently than every 5 years after the first promulgation of a regulation under this subsection to make them more stringent and to require the lowest amount of lead the Commission determines is technologically feasible to achieve. (c) APPLICATION WIT H A S T M F 96 3.—To the extent that any regulation promulgated by the Commission under this section (or any section of the Consumer Product Safety Act or any other Act enforced by the Commission, as such Acts are affected by this section) is inconsistent with the ASTM F963 standard, such Deadlin e .R e qu i r e m en ts. Deadline.

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