Page:United States Statutes at Large Volume 122.djvu/3056

 12 2 STA T .30 33 PUBLIC LA W 110 – 31 4— AU G .14 , 200 8notbec on sid e r ed av io l ation o f s u c hp ara g raph .T he C o m mis - sion ma y promulgate regulations concerning the si z e and place- ment of the cautionary statement re q uired by paragraph (1) of this subsection as appropriate relative to the size and place- ment of the advertisements in such catalogues and other printed material. The Commission shall promulgate regulations that clarify the applicability of these requirements to catalogues and other printed material distributed solely bet w een businesses and not to individual consumers. ‘ ‘( 4 ) ENFORCEM EN T . — The requirements in paragraph (1) shall be treated as a consumer product safety standard promul- gated under section 9 of the Consumer P roduct S afety A ct (1 5U .S.C. 20 5 6 ). The publication or distribution of any advertisement that is not in compliance with paragraph (1) shall be treated as a prohibited act under section 19(a)(1) of such Act (15 U.S.C. 206 8 ). ’ ’. SEC.106 . MAND A TORY TOY SA F ETY STANDARDS. (a) I N G ENER AL .— B eginning 180 days after the date of enact- ment of this Act , the provisions of AST M International Standard F 96 3– 0 7 Consumer Safety Specifications for Toy Safety (ASTM F963), as it e x ists on the date of enactment of this Act (except for section 4.2 and Annex 4 or any provision that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute) shall be considered to be consumer product safety standards issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (b) RU LEMA KI N G FOR S P ECIFIC TO YS, COMPONENTS AN D RISKS.— (1) E V ALUATION.— N ot later than 1 year after the date of enactment of this Act, the Commission, in consultation with representatives of consumer groups, j uvenile product manufac- turers, and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety requirements, safety labeling require- ments, and test methods related to— (A) internal harm or injury hazards caused by the ingestion or inhalation of magnets in children’s products (B) toxic substances; (C) toys with spherical ends; ( D ) hemispheric-shaped objects; (E) cords, straps, and elastics; and (F) battery-operated toys. (2) RULEMAKING.— W ithin 1 year after the completion of the assessment required by paragraph (1), the Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that— (A) ta k e into account other children’s product safety rules; and (B) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury of such toys. (c) PERIODIC REVIE W .—The Commission shall periodically review and revise the rules set forth under this section to ensure that such rules provide the highest level of safety for such products that is feasible. Deadlin e . Deadline. Ef fe ct i v e date. 15USC20 5 6b .

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