Cliff Annicelli

Vote imminent on CPSC reform act

In addition to greater funding for the CPSC and some regulations specifically targeted at all-terrain vehicles (ATVs), the bill includes toy-specific provisions in these areas:

• Lead: Ban lead for products manufactured for children age 12 or younger. Specifically, the permissible level of lead in children’s products would be 600 ppm within 180 days, 300 ppm after one year, and 100 ppm after three years. The CPSC is directed to periodically review and lower the limit. 
 

·        • Toy Testing: Require mandatory third party safety certification of products made for children 12 and under. Upon CPSC accreditation, firewalled labs could be allowed to test products if they provide equal or greater consumer protection than available third party labs. Authorizes CPSC personnel to enter and inspect any firewalled lab certified under the Consumer Product Safety Act and withdraw accreditation if necessary. 
 
• Mandatory Toy Standards: Make mandatory current toy safety standards promulgated by ASTM International, an independent standard-setting organization.

• Phthalates: Ban the sale of children’s products containing trace concentrations of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP). Temporarily bans products containing trace concentrations of diisononyl phthalates (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP) unless further study and evaluation prompts the CPSC to lift the ban.

•  Database: Within 2 years, the CPSC would establish a searchable database to include any reports of injuries, illness, death or risk related to consumer products submitted by consumers, local, state or national government agencies, child care providers, physicians, hospitals, coroners, first responders and the media. Upon receiving a complaint, the CPSC has 5 days to submit the complaint to the manufacturer. The manufacturer then has 10 days to respond. The complaint and manufacturers response would then be posted on the database. The CPSC would have the authority to remove or correct a complaint if it is found to be inaccurate.

• Civil Fines: Increase the civil fine penalty cap from $5,000 to $100,000 per individual violation, and from $1.25 million to $15 million for aggregate violations.

•  Criminal Penalties: Increase criminal penalties to five years in jail for those who knowingly and willingly violate product safety laws.

• Attorneys General: Provide authority for states' Attorneys General to enforce consumer product safety laws and act expeditiously to remove dangerous products from shelves.

• Whistleblower Protections: Provide whistleblower protections for private sector employees.

• Labeling: Require manufacturers to label children’s products with tracking information useful to consumers and retailers in identifying recalled products.

• Recalled Products: Make it unlawful for retailers to sell a recalled product.

• Supply Chain: Require companies to identify manufacturers and subcontractors in the supply chain.

The bill also further outlines CPSC's powers and responsibilities, such as anabling it to prohibit a U.S. entity from exporting a product that does not comply with consumer product safety rules unless the importing country has notified the Commission of its permission; requires the CPSC to develop a plan to identify shipments of consumer products intended for import into the U.S. and improve information sharing among federal agencies, including U.S. Customs and Border Protection.; and gives CPSC greater oversight to prevent the entry of unsafe consumer products in the U.S., including the destruction of non-compliant products. 

[Click here to read the text of the bill (H.R. 4040) that passed the Senate in March of this year.]

Posted by Cliff Annicelli on July 28, 2008 | Comments (0)