text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Children's Products Safety Act of 
  2007''.
  
  SEC. 2. PURPOSE.
  
      The purpose of this Act and the amendments made by this Act is to 
  prevent the introduction of dangerous toys and other products used by 
  children into the marketplace by requiring independent third-party 
  testing and certification that toys and other products intended for use 
  by children comply with consumer product safety standards and rules 
  before they enter the interstate stream of commerce.
  
  SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH 
                CONSUMER PRODUCT SAFETY RULES.
  
      (a) Expansion of Certification Requirement To Include Certification 
  for Compliance With All Consumer Product Safety Rules Promulgated Under 
  Acts Administered by the Consumer Product Safety Commission.--
  Subsection (a) of section 14 of the Consumer Product Safety Act (15 
  U.S.C. 2063) is amended--
              (1) by redesignating paragraph (2) as paragraph (5);
              (2) in paragraph (1)--
                      (A) by striking ``Every manufacturer'' and 
                  inserting ``Except as provided in paragraph (2),''; and
                      (B) by designating the second and third sentences 
                  as paragraphs (3) and (4), respectively, and indenting 
                  the margin of such paragraphs, as so designated, 2 ems 
                  from the left margin;
              (3) by inserting after paragraph (1) the following:
              ``(2) Every manufacturer of a children's product (and the 
          private labeler of such product if it bears a private label) 
          which is subject to a consumer product safety standard under 
          this Act or a rule under this or any other Act administered by 
          the Commission declaring a consumer product a banned hazardous 
          product shall issue a certificate which shall certify that such 
          product conforms to such consumer product safety standard or is 
          not a banned hazardous product under such rule, and shall 
          specify such consumer product safety standard or such rule.'';
              (4) in paragraph (3), as redesignated by paragraph (2)(B), 
          by striking ``Such certificate shall'' and inserting ``A 
          certificate required under this subsection shall''; and
              (5) in paragraph (5), as redesignated by paragraph (1)--
                      (A) by striking ``required by paragraph (1) of this 
                  subsection'' and inserting ``required by paragraph (1) 
                  or (2) (as the case may be)''; and
                      (B) by striking ``requirement under paragraph (1)'' 
                  and inserting ``requirement under paragraph (1) or (2) 
                  (as the case may be)''.
      (b) Third-Party Certification Required.--Subsection 14(b) of the 
  Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended--
              (1) by striking ``The Commission may'' and inserting ``(1) 
          The Commission may'';
              (2) by designating the second sentence as paragraph (2) and 
          indenting the margin of such paragraph, as so designated, 2 ems 
          from the left margin;
              (3) in paragraph (2), as so designated, by striking ``Any 
          test or'' and inserting ``Except as provided in paragraph (3), 
          any test or''; and
              (4) by adding at the end the following:
              ``(3) In the case of a children's product, any test or 
          testing program on the basis of which a certificate is issued 
          under subsection (a)(2) shall be conducted by a nongovernmental 
          independent third party qualified to perform such tests or 
          testing programs.''.
      (c) Definition of Children's Products and Independent Third 
  Party.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) 
  is amended by adding at the end the following:
      ``(d) Definitions.--In this section:
              ``(1) Children's product.--The term `children's product' 
          means a toy or other article intended for use by a child under 
          60 months of age that is introduced into the interstate stream 
          of commerce. In determining whether a toy or article is 
          intended for use by a child under 60 months of age, the 
          following factors shall be considered:
                      ``(A) A statement by a manufacturer about the 
                  intended use of such toy or article, including a label 
                  on such toy or article, if such statement is 
                  reasonable.
                      ``(B) The context and manner of the advertising, 
                  promotion, and marketing associated with the toy or 
                  article.
                      ``(C) Whether the toy or article is commonly 
                  recognized by consumers as being intended for use by a 
                  child under 60 months of age.
                      ``(D) The Age Determination Guideline issued by the 
                  Consumer Product Safety Commission in September 2002 
                  and any subsequent version of such Guideline.
              ``(2) Independent third party.--The term `independent third 
          party', with respect to a testing entity, means an independent 
          testing entity that is physically separate from any 
          manufacturer or private labeler whose product will be tested by 
          such entity, and is not owned, managed, controlled, or directed 
          by such manufacturer or private labeler.''.
      (d) Label and Certification.--Not later than 180 days after the 
  date of the enactment of this Act, the Consumer Product Safety 
  Commission shall prescribe a rule in accordance with subsection (c) of 
  section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for 
  children's products described in subsection (d)(1) of such section, as 
  added by subsection (c) of this section.
  
  SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD-
                PARTY TESTING CERTIFICATION.
  
      Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066) 
  is amended--
              (1) in paragraph (4), by striking ``or'' at the end;
              (2) in paragraph (5), by striking the period at the end and 
          inserting a semicolon and ``or''; and
              (3) by adding at the end the following:
              ``(6) is a children's product, as that term is defined in 
          section 14(d), that is not accompanied by a certificate from a 
          third-party verification entity required by section 
          14(a)(2).''.
target: Children's Products Safety Act of 2007 - Amends the Consumer Product Safety Act to require every manufacturer (and any related private labeler) of an article for use by a child under 60 months of age which is subject to a consumer product safety standard or a rule under any Act administered by the Consumer Product Safety Commission (CPSC) declaring a consumer product a banned hazardous product to certify, based on testing conducted by a nongovernmental independent third party, that the product conforms to such standard or is not a banned hazardous product.
  
  Bars importation of such articles lacking independent third party certification.
feat_title: To amend the Consumer Product Safety Act to require third-party verification of compliance of children's products with consumer product safety standards promulgated by the Consumer Product Safety Commission, and for other purposes.