Congressional Letter Says CPSIA Gives CPSC Enforcement Discretion
(Acting CPSC Chairman Nord has previously expressed concerns over the CPSIA's limitations on the CPSC's ability to base decisions on risk, consider product-specific complexities, etc. See ITT's Online Archives or 03/25/09 and 04/07/09 news, 09032505 and 09040710, for BPsummaries of letters by CPSC Acting Chairman Nord raising these concerns.)
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- predominantly Democratic members of Congress1 have sent the Consumer Product Safety Commission a letter stating their view that "the CPSC is empowered by the Consumer Product Safety Improvement Act of 20082 to exercise its authority and enforcement discretion in a manner that ensures enforcement of the Act in a comprehensive manner while providing appropriate and common-sense relief to businesses and institutions."
CPSC Should Use its Discretion in Implementing the CPSIA
The 28 Members also state "that Congress provided for agency discretion and anticipated the CPSC would use its discretion to implement the CPSIA in a manner that would recognize anomalies in implementation and to work with businesses, institutions, and consumers to establish the protections of the CPSIA without undue impact on the stream of commerce."
CPSC Should Aid Industry by Immediately Issuing Info/Guidance on CPSIA
The Members of Congress further believe that the CPSC should aid industry and institutions with compliance on a prospective basis, and immediately promulgate information and guidance to help with compliance with the CPSIA.
1The letter's signatories include Senator Pryor (D), Chairman of the Subcommittee on Consumer Protection, and Senator Rockefeller (D), Chairman of the Commerce, Science and Transportation Committee. It also includes Congress Members Dick Durbin, Max Baucus, Dianne Feinstein and others.
2Enacted as Public Law 110-314 on August 14, 2009.
Congressional letter (dated 04/09/09) available via email by sending a request to documents@brokerpower.com