The underlined section --warehousing or distributed in commerce--seems to be the phrase that allows the commision to come down on the shops and charities. From HR 4040:
SEC. 102. MANDATORY THIRD PARTY TESTING FOR CERTAIN CHILDREN’S PRODUCTS.[/CENTER]
(a) Mandatory and Third Party Testing-
(1) GENERAL CONFORMITY CERTIFICATION-
(A) AMENDMENT- Paragraph (1) of section 14(a) (
[COLOR=#0000ff]15 U.S.C. 2063(a)[/COLOR]) is amended to read as follows:
‘(1) GENERAL CONFORMITY CERTIFICATION- Except as provided in paragraphs (2) and (3), every manufacturer of a product which is subject to a consumer product safety rule under this Act or similar rule, ban, standard, or regulation under any other Act enforced by the Commission and which is imported for consumption or
warehousing or distributed in commerce (and the private labeler of such product if such product bears a private label) shall issue a certificate which--
‘(A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this Act or any other Act enforced by the Commission; and
‘(B) shall specify each such rule, ban, standard, or regulation applicable to the product.’.
(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take effect 90 days after the date of enactment of this Act.