 So in original. Probably should be “2052(a)))”.

that was obtained by the seller for use and not for the purpose of resale or was obtained by the seller, either directly or indirectly, from a person who obtained such children’s product for use and not for the purpose of resale. Such term also includes a children’s product that was donated to the seller for charitable distribution or resale to support charitable purposes. Such term shall not include—

Editorial Notes

References in Text

The Federal Hazardous Substances Act, referred to in subsec. (a)(1), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables.

The Consumer Product Safety Act, referred to in subsec. (c), is Pub. L. 92–573, Oct. 27, 1972, 86 Stat. 1207, which is classified generally to chapter 47 (§ 2051 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2051 of this title and Tables.

This Act, referred to in subsec. (e)(3), is Pub. L. 110–314, Aug. 14, 2008, 122 Stat. 3016, known as the Consumer Product Safety Improvement Act of 2008. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 2051 of this title and Tables.

Codification

Section was enacted as part of the Consumer Product Safety Improvement Act of 2008, and not as part of the Federal Hazardous Substances Act which comprises this chapter.

Amendments

2011—Subsec. (a)(1). Pub. L. 112–28, § 10(b), substituted “(as defined in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)))” for “(as defined in section 3(a)(16) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(16)))”.

Subsec. (a)(3). Pub. L. 112–28, § 1(a), added par. (3).

Subsec. (b)(1). Pub. L. 112–28, § 1(b)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The Commission may, by regulation, exclude a specific product or material from the prohibition in subsection (a) if the Commission, after notice and a hearing, determines on the basis of the best-available, objective, peer-reviewed, scientific evidence that lead in such product or material will neither—

“(A) result in the absorption of any lead into the human body, taking into account normal and reasonably foreseeable use and abuse of such product by a child, including swallowing, mouthing, breaking, or other children’s activities, and the aging of the product; nor

“(B) have any other adverse impact on public health or safety.”

Subsec. (b)(2)(A). Pub. L. 112–28, § 1(b)(2), substituted “include” for “include to,”.

Subsec. (b)(5) to (8). Pub. L. 112–28, § 1(b)(3), added pars. (5) to (7) and redesignated former par. (5) as (8).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–28, § 11, Aug. 12, 2011, 125 Stat. 283, provided that: “Except as provided otherwise, the amendments made by this Act [amending this section and sections 2055a, 2056a, 2056b, 2057c, 2063, 2068, and 2076 of this title and enacting provisions set out as a note under section 2089 of this title] shall take effect on the date of enactment of this Act [Aug. 12, 2011].”

Definition

For definition of “Commission” used in this section, see section 2(a) of Pub. L. 110–314, set out as a note under section 2051 of this title.