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Senator Justice moved the following amendment:

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     Senate Amendment

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     Delete lines 36 through 39

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and insert:

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     (e) "Toxic substance" means a substance that contains lead,

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or a coating on an item that contains lead, so that the lead

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content is more than 0.06 percent of the total weight. The term

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does not include glass or crystal decorative components,

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electrical components, or any component that is not accessible

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through normal and reasonably foreseeable use and abuse of a toy

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or article of child care. For purposes of this section, a

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component is "not accessible" if it cannot be touched with an

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articulated probe meant to simulate a child's finger both before

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and after use and abuse testing, such as drop, torque, tension,

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compression, and other applicable testing performed in a manner

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described in 16 C.F.R. part 1500.

4/28/2008  2:07:00 PM     16-08817-08