Bill Summary
The "Protecting Americans from Harmful CCP Products Act" aims to enhance consumer safety by amending the Consumer Product Safety Act. The key provisions include:
1. **Mandatory Recall Authority**: The legislation empowers the Consumer Product Safety Commission (CPSC) to issue mandatory recalls of consumer products from manufacturers or retailers located in China, including regions like Hong Kong and Macao, without needing their consent. This applies if the product is deemed to present a substantial hazard and if the manufacturer or retailer fails to respond adequately to the CPSC's requests regarding safety concerns.
2. **Rebuttable Presumption**: The act establishes a rebuttable presumption that products from these manufacturers pose a substantial hazard, streamlining the process for the CPSC to act on safety issues.
3. **Distributor Definition**: The definition of "distributor" is expanded to include operators of e-commerce platforms that are based in or primarily operate from China and facilitate sales to U.S. consumers. This aims to hold foreign online marketplaces accountable for the safety of products sold to American consumers.
Overall, the legislation seeks to enhance consumer protections against potentially hazardous products originating from China by allowing quicker recall actions and holding e-commerce platforms responsible for the products they sell.
Possible Impacts
The "Protecting Americans from Harmful CCP Products Act" could affect people in several ways:
1. **Enhanced Consumer Safety**: By enabling the Consumer Product Safety Commission (CPSC) to mandate recalls of products from Chinese manufacturers without their consent, consumers will be better protected from potentially hazardous products. This could lead to a reduced risk of injuries or health issues caused by unsafe products, especially in categories such as toys, electronics, and household items.
2. **Increased Transparency and Awareness**: The requirement for the CPSC to publish notices of mandatory recalls online and inform known distributors and platforms will help raise awareness among consumers about dangerous products. This increased transparency can empower consumers to make informed purchasing decisions and take necessary actions if they own recalled items.
3. **Impact on E-commerce and Retail**: The legislation's definition of distributors to include e-commerce platforms based in China may lead to stricter regulations on these platforms. This could result in changes in how products are marketed and sold online, potentially leading to increased compliance costs for e-commerce businesses. It might also affect the availability of certain products for American consumers if companies choose to limit their offerings to avoid regulatory scrutiny.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3069 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3069
To amend the Consumer Product Safety Act to protect Americans from
harmful CCP products.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 29, 2025
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To amend the Consumer Product Safety Act to protect Americans from
harmful CCP products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Americans from Harmful
CCP Products Act''.
SEC. 2. AMENDMENTS TO THE CONSUMER PRODUCT SAFETY ACT.
(a) Recall of Chinese Products.--Section 15 of the Consumer Product
Safety Act (15 U.S.C. 2064) is amended by adding at the end the
following:
``(k) Recall of Chinese Products.--
``(1) In general.--Notwithstanding subsection (f), the
Commission may issue an order under subsection (c) or (d),
including a mandatory recall, without the consent of the
manufacturer or retailer of a consumer product distributed in
commerce that presents a substantial product hazard if--
``(A) the manufacturer or retailer of the product
is located in the People's Republic of China, including
in any of its Special Administrative Regions such as
Hong Kong and Macao;
``(B) the product is offered for sale directly to
United States consumers, including via online
platforms;
``(C) the Commission has requested information or
action related to the potential hazard from the
manufacturer or retailer and has not received a timely
or adequate response; and
``(D) if the Commission determines that a product
distributed in commerce presents a substantial product
hazard.
``(2) Rebuttable presumption.--There shall be a rebuttable
presumption in favor of the Commission's claim that a product
poses a substantial product hazard under this subsection.
``(3) Notice.--The Commission shall publish notice of any
mandatory recall order under this subsection, not later than 30
days before the order shall take effect, on its website and
transmit such notice to all known distributors, importers, and
platforms offering the product for sale within the United
States.''.
(b) Definition.--Section 3(a) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)) is amended by striking paragraph (8) and inserting
the following:
``(8) Distributor.--
``(A) In general.--The term `distributor' means a
person to whom a consumer product is delivered or sold
for purposes of distribution in commerce, except that
such term shall not include a manufacturer or retailer
of the product.
``(B) Certain e-commerce platforms.--
Notwithstanding any limitation described in
subparagraph (A), an operator of an e-commerce platform
that is headquartered in or primarily operates from the
People's Republic of China, including any of its
Special Administrative regions such as Hong Kong and
Macao, and that facilitates the sale of consumer
products to United States consumers, shall be
considered a distributor under this Act.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed as having any bearing on
whether any non-Chinese persons or entities are
distributors for purposes of this Act.''.
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