((a)) ** In general** Beginning 180 days after , the provisions of ASTM International Standard F963–07 Consumer Safety Specifications for Toy Safety (ASTM F963), as it exists on (except for section 4.2 and Annex 4 or any provision that restates or incorporates an existing mandatory standard or ban promulgated by the Commission or by statute or any provision that restates or incorporates a regulation promulgated by the Food and Drug Administration or any statute administered by the Food and Drug Administration) shall be considered to be consumer product safety standards issued by the Commission under .section 2058 of this titleAugust 14, 20082008-08-14August 14, 20082008-08-14

((b)) ** Rulemaking for specific toys, components and risks**

((1)) ** Evaluation** Not later than 1 year after , the Commission, in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, shall examine and assess the effectiveness of ASTM F963 or its successor standard (except for section 4.2 and Annex 4), as it relates to safety requirements, safety labeling requirements, and test methods related to—

((A)) internal harm or injury hazards caused by the ingestion or inhalation of magnets in children’s products;

((B)) toxic substances;

((C)) toys with spherical ends;

((D)) hemispheric-shaped objects;

((E)) cords, straps, and elastics; and

((F)) battery-operated toys.

((2)) ** Rulemaking** Within 1 year after the completion of the assessment required by paragraph (1), the Commission shall promulgate rules in accordance with that—

((A)) take into account other children’s product safety rules; and

((B)) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury of such toys.

((c)) ** Periodic review** The Commission shall periodically review and revise the rules set forth under this section to ensure that such rules provide the highest level of safety for such products that is feasible.

((d)) ** Consideration of remaining ASTM standards** After promulgating the rules required by subsection (b), the Commission shall—

((1)) in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of ASTM F963 (and alternative health protective requirements to prevent or minimize flammability of children’s products) or its successor standard, and shall assess the adequacy of such standards in protecting children from safety hazards; and

((2)) in accordance with , promulgate consumer product safety rules that—

((A)) take into account other children’s product safety rules; and

((B)) are more stringent than such standards, if the Commission determines that more stringent standards would further reduce the risk of injury associated with such toys.

((e)) ** Prioritization** The Commission shall promulgate rules beginning with the product categories that the Commission determines to be of highest priority, until the Commission has promulgated standards for all such product categories.

((f)) ** Treatment as consumer product safety standards** Rules issued under this section shall be considered consumer product safety standards issued by the Commission under .section 2058 of this title

((g)) ** Revisions** If ASTM International (or its successor entity) proposes to revise ASTM F963–07, or a successor standard, it shall notify the Commission of the proposed revision. The Commission shall incorporate the revision or a section of the revision into the consumer product safety rule. The revised standard shall be considered to be a consumer product safety standard issued by the Consumer Product Safety Commission under , effective 180 days after the date on which ASTM International notifies the Commission of the revision unless, within 90 days after receiving that notice, the Commission notifies ASTM International that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard. If the Commission so notifies ASTM International with respect to a proposed revision of the standard, the existing standard shall continue to be considered to be a consumer product safety rule without regard to the proposed revision.section 2058 of this title

((h)) ** Rulemaking to consider exemption from preemption**

((1)) ** Exemption of State law from preemption** Upon application of a State or political subdivision of a State, the Commission shall, after notice and opportunity for oral presentation of views, consider a rulemaking to exempt from the provisions of (under such conditions as it may impose in the rule) any proposed safety standard or regulation which is described in such application and which is designed to protect against a risk of injury associated with a children’s product subject to the consumer product safety standards described in subsection (a) or any rule promulgated under this section. The Commission shall grant such an exemption if the State or political subdivision standard or regulation—

((A)) provides a significantly higher degree of protection from such risk of injury than the consumer product safety standard or rule under this section; and

((B)) does not unduly burden interstate commerce.

((2)) ** Effect of standards on established State laws** Nothing in this section or in shall prevent a State or political subdivision of a State from continuing in effect a safety requirement applicable to a toy or other children’s product that is designed to deal with the same risk of injury as the consumer product safety standards established by this section and that is in effect on the day before , if such State or political subdivision has filed such requirement with the Commission within 90 days after , in such form and in such manner as the Commission may require.section 2075 of this titleAugust 14, 20082008-08-14August 14, 20082008-08-14

((i)) ** Judicial review** The issuance of any rule under this section is subject to judicial review as provided in , as added by section 236 of this Act.section 2060(g) of this title