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CPSC Acting Chairman Nord Steps Down, Commissioner Moore Takes Over

The Consumer Product Safety Commission has confirmed that Nancy Nord is stepping down as Acting Chairman of the CPSC, and that Commissioner Moore is taking over on a temporary basis, starting June 1, 2009. Nord will remain on as a Commissioner until the end of her term in 2012.

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According to press sources, Nord, who is Republican, is stepping down to allow for a smoother transition during the appointment of a new CPSC Chairman. Senate sources have stated that they expect a new CPSC Chairman to be in place by August 14, 2009.

(On May 5, 2009, President Obama announced his intention to nominate Inez Tenenbaum as Chair of the CPSC, Robert Adler as CPSC Commissioner, and to fill the fifth and final commissioner position by sometime "later this summer." However, these nominations have not yet been made official. (See ITT's Online Archives or 05/07/09 and 05/28/09 news, 09050715 and 09052810, for BP summaries.))

Nord Has Been Critical of CPSIA

Acting Chairman Nord has previously been critical of the Consumer Product Safety Improvement Act of 2008 (CPSIA) and its 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, 04/07/09, 05/14/09, 05/15/09 news, 09032505, 09040710, 09051415, and 09051510, for BP summaries of letters, statements, and decisions by Nord raising these concerns.)

Two Commissioners Often at Odds Over CPSIA Implementation, Etc.

CPSC Commissioner Moore has stated that CPSC staff has been hampered by only having two Commissioners who do not view the CPSIA in the same light and who do not always agree on its meaning, leaving staff unsure in some instances about how to proceed and causing delays.

For example, on May 13, 2009, the two Commissioners voted on an emergency stay of the CPSIA tracking label requirement for children's products, but were unable to reach a decision as one voted for and the other against the stay. (See ITT's Online Archives or 05/15/09 news, 09051510, for BP summary.)

In addition, while Nord has criticized the CPSIA itself, Moore has stated that the single most important step that needs to be taken regarding the CPSIA, is to have a third Commissioner appointed to lead the agency. (See ITT's Online Archives or 03/25/09 news, 09032505, for BP summary of Moore's statements.)