Page:United States Statutes at Large Volume 122.djvu/3060

 122 STAT. 3037 PUBLIC LAW 110–314—AUG. 14, 2008

of these phthalates and phthalate alternatives that employ objective data collection practices or employ other objective methods; ( vi ) consider the health effects of phthalates not only from in g estion b u t also as a result of dermal , hand - to-mouth, or other e x posure; (vii) consider the level at w hich there is a reason- able certainty of no harm to children, pregnant women, or other susceptible individuals and their offspring, considering the best available science, and using suffi- cient safety factors to account for uncertainties regarding exposure and susceptibility of children, preg- nant women, and other potentially susceptible individ- uals; and (viii) consider possible similar health effects of phthalate alternatives used in children ’ s toys and child care articles .T he panel’s examinations pursuant to this paragraph shall be conducted denov o. The findings and conclusions of any previous C hronic H a z ard A dvisory P anel on this issue and other studies conducted by the Commission shall be reviewed by the panel but shall not be considered deter- minative. (C) REPORT . —N ot later than 180 days after completing its examination, the panel appointed under subparagraph (A) shall report to the Commission the results of the exam- ination conducted under this section and shall ma k e rec- ommendations to the Commission regarding any phthalates (or combinations of phthalates) in addition to those identi- fied in subsection (a) or phthalate alternatives that the panel determines should be declared banned hazardous substances. ( 3 ) PER MAN ENT PRO HIB ITION B Y R UL E.—Not later than 180 days after receiving the report of the panel under paragraph ( 2 )(C), the Commission shall, pursuant to section 5 53 of title 5, U nited S tates Code, promulgate a final rule to— (A) determine, based on such report, whether to con- tinue in effect the prohibition under paragraph (1), in order to ensure a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals with an ade q uate margin of safety; and ( B ) evaluate the findings and recommendations of the Chronic Hazard Advisory Panel and declare any children’s product containing any phthalates to be a banned haz- ardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 205 7 ), as the Commission determines necessary to protect the health of children. (c) TREATMENT O FV IOLATION.—A violation of subsection (a) or (b)(1) or any rule promulgated by the Commission under sub- section (b)(3) shall be treated as a violation of section 1 9 (a)(1) of the Consumer Product Safety Act (15 U.S.C. 20 6 8(a)(1)). (d) TREATMENT A S CONSUMER PRO D U C T SAFETY STANDARDS; E FFECT ON STATE L A W S.—Subsections (a) and (b)(1) and any rule promulgated under subsection (b)(3) shall be considered consumer product safety standards under the Consumer Product Safety Act. Nothing in this section or the Consumer Product Safety Act (15 U.S.C. 2051 et seq.) shall be construed to preempt or otherwise Deadlin e .

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