DeLauro, DeGette Introduce Legislation to Strengthen Consumer Product Safety Laws
"As consumers, we wantto know that the products we purchase are safe, particularly when itcomes to toys for our children, but with 50 lead-based toy recallsalready this year – more than double any previous year – it is clearthat we need to act urgently to strengthen consumer protection safetylaws. With this legislation, we will enhance our ability to catchdefects and keep defective products out of the marketplace in the firstplace. Our children should be able to play with lead-free toys," saidDeLauro
"From children's toys to play jewelry, the record numberof lead-tainted product recalls this year is seriously frightening,"said DeGette. "It is an outrage that in this day and age our childrenare still playing with dangerous toys. The federal government has animportant role to play in ensuring the safety of the products we bringinto our homes. This bill will go a long way in making sure thegovernment has the tools and resources to carry out this criticalmission."
Already this year the CPSC has raised the totallead-based recalls in 2007 to 50 – almost one-third of the 154 recallsthe commission has issued in the 30 years since it began monitoringlead levels in consumer items. Throughout 2007, the CPSC has recalleda record number of hazardous imported products from China including awide variety of toys and children's jewelry. According to the CPSC, in2006 there were 471 recalls involving approximately 124 millionconsumer products that either violated mandatory standards or presenteda substantial risk to the public. Over two-thirds of these recallsinvolved imported products, primarily from China. The problem ofdangerous imported toys is growing.
The SAFE Consumer ProductAct would strengthen and improve the mandate of the Consumer ProductSafety Act in regulating consumer products. Specifically it will:
- Require children's products to undergo independent third-party testing;
- Expand civil and criminal penalties;
- Ban lead in children's products;
- Enhance CPSC recall and inspection authority;
- Expedite recall disclosure to the public; and
- Provide additional resources to the CPSC.
Reps. Rosa DeLauro and Diana DeGette
1. Require Children's Products to Undergo Independent Third-Party Testing (Section 4)
Currently, manufacturer testing certifications can be performed by any entity, without regulation or restriction.
TheSAFE Consumer Product Act would require all child safety certificationsto be carried out by independent third-party entities. This would giveconsumers at least a minimal level of assurance that the children'sproducts they buy are safe.
The bill would also allow the CPSC, at its discretion, to require other products to undergo third-party testing.
TheCPSC would create an entity to accredit what non-governmentalindependent third-parties qualify to perform such tests or testingprograms.
The Toy Industry Association (TIA) during recentcongressional testimony has encouraged the Federal government to adopta requirement that all toys sold in the U.S. undergo inspection toassure that they conform to our standards. (Click here to view TIA'sHouse testimony)
2. Enhance CPSC Recall and Inspection Authority (Section 5)
Currently,the CPSC has to convene a formal hearing before manufacturers can beforced to recall a product— this time delay means that unsafe productsmay continue to be used by children and sold by retailers despite anacknowledgement of their potential hazards.
The SAFE ConsumerProduct Act would provide the CPSC with strengthened recall authorityto ensure defective and hazardous consumer products are taken off storeshelves expeditiously before they get in the hands of children.
Oncea recall need is identified by the CPSC, manufacturers could be orderedto cease distribution, provide notice to consumers and distributors,and recall the product. Manufacturers would have an opportunity for ahearing shortly after any order from the CPSC.
The bill would make it clear that it is illegal to knowingly sell any consumer product subject to a recall.
It would require manufacturers to choose a recall remedy that is acceptable to the CPSC.
Trackinglabels for children's products would also be required. Thisinformation would facilitate future recalls by making it easier todistinguish defective products.
Finally, it provides the CPSCwith the explicit authority to inspect retailers. Currently, thecommission only has the authority to inspect any factory, warehouse, orestablishment in which consumer products are manufactured or held.
3. Expand Civil and Criminal Penalties (Section 6)
CivilPenalties - Currently, the limit on civil penalties that can be leviedby the CPSC is only $1.825 million. This amount is inadequate to serveas an effective deterrent for large manufacturers and retailers.
TheSAFE Consumer Product Act would eliminate the cap on civil penalties. The CPSC would consider the nature of the product defect, the severityof the risk of injury, the occurrence of absence of injury, the numberof defective products distributed, and the appropriateness of suchpenalty in relation to the size of the business of the personcharged.
Criminal Penalties – Currently, the CPSC has toissue a notice of noncompliance to individuals, officers, or agents whoengage in prohibited actions.
The SAFE Consumer Product Actwould eliminate this requirement to streamline the timeliness andefficiency of the criminal penalty process.
4. Expedite Recall Disclosure to the Public (Section 7)
TheSAFE Consumer Product Act would reduce the period of notice tomanufacturers and private labelers prior to public disclosure from 30days to 10 days. This will help facilitate the timely publicannouncement of recalls.
The bill would require manufacturers and retailers to post recall notices on their Internet website.
5. Ban Lead in Children's Products (Section 8)
Althoughthe CPSC issued a ban on lead-containing paint (600 parts per million)and on toys and furniture coated with such paint in 1977, it has yet toexplicitly ban lead in children's toys.
The SAFE ConsumerProduct Act would require the CPSC to prescribe regulations classifyingany children's product containing lead (more than 40 parts per million)as a banned substance under the Hazardous Substances Act. This wouldinclude products marketed or used by children under age 12.
TheAmerican Academy of Pediatrics supports both of these thresholds toensure the safety of our children. (Click here to view AAP's Housetestimony)
6. Require Consumer Product Registration Forms for Children's Toys (Section 9)
TheSAFE Consumer Product Act would require manufactures of children'sproducts to include a product registration form (not later than 270days) for products subject to a consumer product safety standard or avoluntary standard. This recordkeeping will help to ensure consumerwho purchase recalled products can be properly informed of defects etc.
7. Enhance Internet Advertising of Children's Toys (Section 10)
TheSAFE Consumer Product Act would require warning labels in a clearlocation on any Internet advertisements for a children's product.
8. Allow the CPSC to Continue Regulatory Activities (Section 11)
TheCPSC has been without a third commissioner since July 2006. The tworemaining commissioner were able to continue their regulatoryactivities for 6 months after the vacancy—so from January 15, 2007until last month the panel was unable to vote on civil penalties ortake regulatory action—only in August did Senator Pryor insert aone-sentence provision into a recently approved homeland security billthat allows the two remaining commission members to comprise a quorum,at least until January 2008.
The SAFE Consumer Product Acturges the president to nominate members to fill any vacancy in themembership of the Commission as expeditiously as practicable so thatthe CPSC can function effectively.
Upon expiration of thetemporary quorum, the CPSC may take an action if it is necessary in thepublic interest and the Commission transmits its reasons to Congress.
9. Ensure States are Not Preempted by the CPSC (Section 12)
TheSAFE Consumer Product Act makes it clear that consumer product safetystandards issued by the CPSC do not preempt State or local laws. There are several States, including California and Vermont, which havetaken the lead on strengthening consumer protection laws.
10. Provide Additional Resources to the CPSC (Section 13)
TheCPSC shrinking budget is just $62 million this year, even though theagency regulates an industry that sells $1.4 trillion annually.
TheFY08 Financial Services Appropriations bill includes $66.8 million,which is $4.11 above last year's allocation and $3.588 more than thepresident's budget request—nearly 7 percent increase in funding.
The SAFE Consumer Product Act would authorize additional funds for the CPSC:
- $75,600,000 for fiscal year 2008.
- $87,950,000 for fiscal year 2009.
- $100,300,000 for fiscal year 2010.
- $112,650,000 for fiscal year 2011.
- $125,000,000 for fiscal year 2012.
ActingCPSC Chairman Nord acknowledges that the agency has had to limit itsfocus; it investigates only 10 percent to 15 percent of the reportedinjuries or deaths linked to co