Page:United States Statutes at Large Volume 122.djvu/3045

 12 2 STA T .30 22 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8section2(q) o f t h e F e d e ralH a z ardo u s S u b stances A ct( 15U. S. C . 12 6 1(q)). SEC.102 . MAND A TORY T HI RD P ARTY TESTIN GF OR CERTAIN CHI L- DREN ’ S PROD U CTS. (a) MAND A TORY AND THI RD P ARTY T ES TIN G . — (1) G ENERA LC ON F OR M ITY CERTIFICATION.— (A) AMENDMENT.—Para g ra p h (1) of section 1 4 (a) (15 U.S.C. 2 0 6 3 (a)) is a m ended to read as follo w s

‘(1) GENERAL CONFORMITY CERTIFICATION.— Ex cept as pro -v ided in paragraphs (2) and (3) , ever y manufacturer of a product which is sub j ect 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 com- plies 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) EFFECTI V E DATE.—The amendment made by subparagraph (A) shall ta k e effect 9 0 days after the date of enactment of this Act. (2) THIRD P ARTY TESTING RE QU IREMENT.—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 consump- tion 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 Notice.C e r ti f ic a tio n . 15US C 2063 note.

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