,,ii #aacth ,,congress #b;d ,session ,s4 #bhaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ae1 #bjad ,mr4 ,schumer introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit the distribution in commerce of children's products and upholstered furniture containing certain flame retardants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,children and ,firefighters ,protection ,act of #bjad4 #b4 ,prohibition on sale of certain products containing specified flame retardants 7a7 ,definitions ,in this section1 the terms children's product1 consumer product1 distribute in commerce1 distributor1 import1 manufacturer1 retailer1 and ,united ,states have the meanings given such terms in section #c7;a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a774 7b7 ,prohibition ,it shall be unlawful for any manufacturer1 distributor1 or retailer to sell1 offer for sale1 manufacture for sale1 distribute in commerce1 or import into the ,united ,states any children's product or upholstered furniture that contains a flame retardant specified in subsection 7c7 that exceeds #a1jjj parts per million total chemical content by weight for any part of the product or furniture4 7c7 ,specified flame retardants ,the flame retardants specified in this subsection are the following3 7#a7 ,tris7#a1c-;dichloro-#b-propyl7phosphate 7,,tdcpp7 7chemical abstracts service number #acfgd-hg-h74 7#b7 ,tris7#b-;chloroethyl7phosphate 7,,tcep7 7chemical abstracts service number #aae-adif-h74 7#c7 ,tetrabromobisphenol ,a 7,,tbbpa7 7chemical abstracts service number #gi-id-g74 7#d7 ,decabromodiphenyl ether 7chemical abstracts service number #aafc-ai-e74 7#e7 ,antimony trioxide 7chemical abstracts service number #acji-fd-d74 7#f7 ,hexabromocyclododecane 7,,hbcd7 7chemical abstracts service number #befcg-ii-d74 7#g7 ,bis7#b-;,ethylhexyl7-#c1d1e1f-tetrabrom ophthalate 7,,tbph7 7chemical abstract service number #bfjdj-ea-g74 7#h7 #b-;,ethylhex,yl-#b1c1d1e-tetrabromobenz oate 7,,tbb7 7chemical abstract service number #ahcfeh-bg-g74 7#i7 ,chlorinated paraffins 7chemical abstract services number #heece-hd-h74 7#aj7 ,tris 7#a-;chloro-#b-propyl7 phosphate 7,,tcpp7 7chemical abstract service number #acfgd-hd-e74 7#aa7 ,such other chemical flame retardants as the ,commission may specify by rule under subsection 7d77#e74 7d7 ,chronic hazard advisory panel 7#a7 ,appointment ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall appoint a chronic hazard advisory panel pursuant to the procedures of section #bh of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjgg7 to study the effects on human health of all chemical flame retardants as used in children's products or upholstered furniture4 7#b7 ,examination 7,a7 ,in general ,the panel shall1 not later than #edj days after the date on which the panel is appointed under paragraph 7#a71 complete an examination of the potential hazards and exposures for the full range of chemical flame retardants that may be used in children's products or upholstered furniture to meet applicable fire safety standards and shall-- 7i7 examine potential health effects of the chemical flame retardants1 including-- 7,i7 developmental toxicity2 7,,ii7 carcinogenicity1 genetic damage1 or reproductive toxicity2 7,,iii7 endocrine disruption2 7,,iv7 toxicity related to the nervous system1 immune system1 or organs or cause other systemic toxicity2 and 7,v7 whether they are-- 7aa7 persistent1 bioaccumulative1 and toxic2 or 7bb7 very persistent and very bioaccumulative2 7ii7 consider the potential health effects of such chemical flame retardants1 both in isolation and in combination with other flame retardants2 7iii7 examine biomonitoring studies that document existing levels and likely future levels of chemical flame retardants in children1 pregnant women1 firefighters 7including combustion by-products of chemical flame retardants71 and others2 7iv7 examine data and analysis regarding the chemical flame retardants in household dust1 indoor air1 or elsewhere in the home environment2 7v7 consider the cumulative effects of total exposure to flame retardants1 both from children's products1 upholstered furniture1 and from other sources1 such as food1 commercial furniture1 building insulation1 and electronics2 7vi7 review all relevant data1 including the most recent1 best-available1 peer-reviewed1 scientific studies of these chemical flame retardants that employ objective data collection practices or employ other objective methods2 7vii7 consider the amounts of chemical flame retardants used in consumer products and the total volumes manufactured for use2 and 7viii7 consider possible similar health effects of chemical flame retardants used in children's products or upholstered furniture4 7#c7 ,do novo ,the panel's examinations pursuant to this subsection shall be conducted de novo4 ,the findings and conclusions of any previous chronic hazard advisory panel on chemical flame retardants and other studies conducted by the ,commission shall be reviewed by the panel but shall not be considered determinative4 7#d7 ,report ,not later than #ahj days after completing its examination1 the panel appointed under paragraph 7#a7 shall submit to the ,commission a report on the results of the examination conducted under this section and shall make recommendations to the ,commission regarding any chemical flame retardants 7or combinations of chemical flame retardants7 in addition to those identified in paragraphs 7#a7 through 7#aj7 of subsection 7c7 that the panel determines should be prohibited under subsection 7b74 7#e7 ,specification of additional chemical flame retardants ,not later than #ahj days after receiving the report of the panel under paragraph 7#d71 the ,commission shall-- 7,a7 evaluate the findings of the chronic hazard advisory panel regarding the examination carried out under paragraph 7#b72 7,b7 evaluate the recommendations submitted by the chronic hazard advisory panel under paragraph 7#d72 and 7,c7 promulgate a final rule1 based on the evaluations carried out under subparagraphs 7,a7 and 7,b7 of this paragraph1 that specifies such chemical flame retardants that are not listed in paragraphs 7#a7 through 7#aj7 of subsection 7c7 as the ,commission determines that the presence of such chemical flame retardant in any part of a children's product or upholstered furniture may cause substantial personal injury or substantial illness1 including-- 7i7 developmental or learning disabilities2 7ii7 cancer2 7iii7 endocrine disruption2 7iv7 reproductive harm2 or 7v7 damage to the nervous system1 immune system1 or organs or cause other systemic toxicity4 7e7 ,treatment of violation ,a violation of subsection 7b7 shall be treated as a violation of section #ai7;a77#a7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjfh7;a77#a774 7f7 ,product certification and labeling ,a product subject to subsection 7b7 of this section shall not be subject to section #ad7;a77#b7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjfc7;a77#b77 with respect to testing for compliance with the requirements of this section4 7g7 ,rulemaking 7#a7 ,in general ,the ,consumer ,product ,safety ,commission shall promulgate rules to carry out this section in accordance with section #eec of title #e1 ,united ,states ,code4 7#b7 ,exemption from certain requirements ,the requirements of sections #g and #i of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjef and #bjeh7 shall not apply to a rulemaking under this section4 7h7 ,relation to ,state law ,this section shall not annul1 alter1 or affect a provision of law of a ,state relating to the presence of a chemical flame retardant in a children's product or upholstered furniture except to the extent that such provision of law is inconsistent with a provision of this section1 and then only to the extent of the inconsistency4 ,for purposes of this section1 a provision of law of a ,state is not inconsistent with the provisions of this section if the protection such provision of law affords any person is greater than the protection provided under this section4 7i7 ,effective date 7#a7 ,in general ,this ,act shall take effect on the date of the enactment of this ,act1 except subsection 7b7 shall take effect on the date that is #a year after the date of the enactment of this ,act4 7#b7 ,applicability ,subsection 7b7 shall apply with respect to children's products and upholstered furniture manufactured after the date that is #a year after the date of the enactment of this ,act4