CPSIA Update: Senator Tester’s Bill That Tries to Fix Some Things

By March 19, 2009Regulations

Senator Jon Tester (D-MT) has introduced a bill that would exempt ATVs and other off-road vehicles from the lead-content requirements of the jobs-killed Consumer Product Safety Improvement Act. (See Tuesday’s post.)

His introductory statement and the bill’s text (S. 608) are available in the Congressional Record and have been uploaded here. The bill also provides some protection for thrift store and other second-hand sellers of products that may or may not have lead.

Rep. Denny Rehberg (R-MT) has now introduced a second bill to relieve ATVs from the lead requirements, H.R. 1587. We note it comes in with three original cosponsors, including Rep. Earl Pomeroy (D-ND). Bipartisanship could be the key to solving this problem.

There are plenty of bills that have been introduced, though. (Ten, in fact. See below.) We’ll know Congress, or rather, Congressional leadership, is getting serious when leaders or committee chairmen allow a hearing to be scheduled.

(We generated the following list by searching for the words “consumer product” in the Thomas “bill search” field for the 111th Congress.)

H.R.968 : To amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.
Sponsor: Rep Shadegg, John B. [AZ-3] (introduced 2/10/2009) Cosponsors (22)
Committees: House Energy and Commerce
Latest Major Action: 2/10/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.1027
: To exempt second-hand sellers of certain products from the lead content and certification requirements of the Consumer Product Safety Improvement Act of 2008.
Sponsor: Rep Posey, Bill [FL-15] (introduced 2/12/2009) Cosponsors (1)
Committees: House Energy and Commerce
Latest Major Action: 2/12/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.1046 : To ensure the effective implementation of children’s product safety standards under the Consumer Product Safety Improvement Act of 2008.
Sponsor: Rep Putnam, Adam H. [FL-12] (introduced 2/12/2009) Cosponsors (1)
Committees: House Energy and Commerce
Latest Major Action: 2/12/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.1105 : Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes.
Sponsor: Rep Obey, David R. [WI-7] (introduced 2/23/2009) Cosponsors (None)
Committees: House Appropriations; House Budget
Latest Major Action: Became Public Law No: 111-8 [GPO: Text, PDF] Note: An explanatory statement was submitted by Mr. Obey, Chairman of the House Committee on Appropriations “as if it were a joint explanatory statement of a committee of conference.” It appears in two 2/23/2009 Congressional Record documents on pages: H1653-H2088 and H2089-H2599.

H.R.1465 : To amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.
Sponsor: Rep Ellsworth, Brad [IN-8] (introduced 3/12/2009) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 3/12/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.1510 : To amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain all-terrain vehicles, and for other purposes.
Sponsor: Rep Rehberg, Denny [MT] (introduced 3/16/2009) Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 3/16/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

H.R.1587 : To amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain off-highway vehicles, and for other purposes.
Sponsor: Rep Rehberg, Denny [MT] (introduced 3/18/2009) Cosponsors (3)
Committees: House Energy and Commerce
Latest Major Action: 3/18/2009 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

S.374 : A bill to amend the Consumer Product Safety Act to provide regulatory relief to small and family-owned businesses.
Sponsor: Sen DeMint, Jim [SC] (introduced 2/4/2009) Cosponsors (7)
Committees: Senate Commerce, Science, and Transportation
Latest Major Action: 2/4/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

S.389 : A bill to establish a conditional stay of the ban on lead in children’s products, and for other purposes.
Sponsor: Sen Bennett, Robert F. [UT] (introduced 2/5/2009) Cosponsors (None)
Committees: Senate Commerce, Science, and Transportation
Latest Major Action: 2/5/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

S.608 : A bill to amend the Consumer Product Safety Improvement Act of 2008 to exclude secondary sales, repair services, and certain vehicles from the ban on lead in children’s products, and for other purposes.
Sponsor: Sen Tester, Jon [MT] (introduced 3/17/2009) Cosponsors (None)
Committees: Senate Commerce, Science, and Transportation
Latest Major Action: 3/17/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

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