WASHINGTON, D.C. – Senator Barbara A. Mikulski (D-Md.), applauded the Senate’s passage last night of the Consumer Product Safety Modernization Act (H.R. 4040), a bill that protects children from unsafe toys by prohibiting lead and phthalates, requires mandatory third party testing of children’s products and authorizes increased funding for the Consumer Product Safety Commission (CPSC). The legislation now heads to the President to be signed into law.

“Parents have enough to worry about these days. Whether a child’s new toy is going to make him sick should not be one of them,” said Senator Mikulski. “We must hold manufacturers accountable if they put profits above product safety. This bill provides better and stronger protection by raising safety standards and oversight, and banning the use of harmful materials in all children’s products. I will continue to work in the Senate to stand up for America’s families.

The legislation came in response to a dramatic increase in unsafe imports coming from China and elsewhere and concerns that the CPSC lacked the staff and money to keep hazardous products off store shelves. Thirty million toys, and 15 million children’s products were recalled last year, in what consumer advocates termed the “Year of the Recall.”

In addition to banning lead and phthalates in all children’s toys, the legislation:

• Authorizes between $118 million and $136 million per year for the next five years for the CPSC to beef up staffing and consumer product oversight;

• Increases penalties for violators;

• Empowers state attorneys general to enforce federal product safety laws;

• Sets up a public database of complaints about products; and

• Protects whistle blowers.