Page:United States Statutes at Large Volume 122.djvu/3097

 12 2 STA T .3074PUBLIC LA W 110 – 314 — AU G .14 , 200 8SEC.235 . T EC HNI C AL AN D C O N F O RM IN G CHANGES. (a)DEFIN I T I O N S.—Section3 (a) ( 15U .S. C . 20 52) i s a m en d ed by addin g att h e end the f o l lo w ing

‘(15) AP P R OPRI A TE C ON G RESSIONA L CO M MITTEES.— T he te r m ‘a p propriate Congressional committees ’ means the Committee on E nergy and Commerce of the H o u se of R epresentati v es and the Committee on Commerce , Science, and Transportation of the Senate. ‘‘(1 6 )C H IL D REN’S PROD U CT.—The term ‘children’s product’ means a consumer product designed or intended primarily for children 12 years of age or younger. I n determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors shall be considered: ‘‘(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable. ‘‘( B ) W hether the product is represented in its pac k- aging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. ‘‘(C) Whether the product is commonly recogni z ed by consumers as being intended for use by a child 12 years of age or younger. ‘‘(D) The Age Determination G uidelines issued by the Commission staff in September 2002, and any successor to such guidelines. ‘‘(1 7 ) THIRD-PART Y LOGISTICS PRO V IDER.—The term ‘third- party logistics provider’ means a person who solely receives, holds, or otherwise transports a consumer product in the ordi- nary course of business but who does not take title to the product.’’. (b) M ISCELLANEOUS.—Section 3 (15 U.S.C. 2052) is amended— (1) by striking ‘‘(a) for purposes of this Act:’’ and inserting ‘‘(a) IN GENERAL.—In this Act:’’ (2) by indenting each paragraph and subparagraph of sub- section (a) 2 em spaces; (3) by inserting a heading, in a form consistent with the form of the heading of this subsection consisting of the term defined by such paragraph, after the designation of each para- graph of subsection (a); ( 4 ) by reordering such paragraphs and the additional para- graphs added by paragraph (1) of this subsection in alphabetical order based on the headings of such paragraphs and renum- bering such paragraphs as so reordered; and (5) by inserting ‘‘common carriers, contract carriers, and freight forwarders’’ after ‘‘(b)’’ in subsection (b). (c) CONFORMING AMENDMENTS.— (1) Section 3(b) (15 U.S.C. 2052(b) is amended by inserting ‘‘third-party logistics provider,’’ after ‘‘contract carrier,’’. (2) Section 6(e)(4) (15 U.S.C. 2055(e)(4)) is amended by striking ‘‘the Committee on Commerce, Science, and Transpor- tation of the Senate or the Committee on Energy and Commerce of the House of Representatives or any subcommittee of such committee,’’ and insert ‘‘either of the appropriate Congressional committees or any subcommittee thereof,’’. (3) Sections 9 (a), 9(c), and 35(c)(2)(D)(iii) (15 U.S.C. 205 8 (a), (c), and 2082(c)(2)(D)(iii), and 2082(e)(1), respectively) are each amended by striking ‘‘the Committee on Commerce, Science,

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