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Safety Advocates Suggest FY 2012 Priorities and Plans for CPSC

The Consumer Product Safety Commission held an open meeting with stakeholders on August 11, 2010 to discuss the agency’s priorities and plans for fiscal year 2012.

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Four of the five Commissioners were present and asked questions of the presenters who were all from consumer advocacy or fire prevention associations.

Highlights of Participant Suggestions

The following are highlights of the participants’ suggestions for CPSC action in FY 2012:

Require U.S. registered agents. There was support among participants for legislation currently being considered in Congress that would require foreign manufacturers and producers of certain covered items to register an agent in the U.S. who is authorized to accept service of process. According to the participants, this type of legislation would go a long way in improving accountability of foreign manufacturers of consumer products. (See ITT’s Online Archives or 07/23/10 news, 10072336, for BP summary of H.R. 4678 the committee-reported Foreign Manufacturers Legal Accountability Act of 2010.)

Lift CPSC testing/certification stay. CPSC was asked to lift as soon as possible the stay of enforcement of certain Consumer Product Safety Improvement Act testing and certification requirements, which has been in place for certain products and safety rules since February 2009. (See ITT’s Online Archives or 12/29/09 news, 09122920, for BP summary of CPSC deciding to lift the stay in stages.)

Address cadmium. One participant stated that even though CPSC may be in the process of developing a standard to regulate cadmium, until such a regulation is finalized, the agency needs to better address imminent cadmium hazards.

Strengthen wearing apparel standard. The agency was encouraged to make the performance requirements more stringent under 16 CFR Part 1610, the Standard for the Flammability of Clothing Textiles.

Create corded window covering standard. CPSC was asked to establish a mandatory standard for corded window coverings that would not allow any cords beyond 7 ¼ inches in length. (See ITT’s Online Archives or 06/29/10 news, 10062937, for BP summary of CPSC, Canada, and Europe calling for an international standard for corded window coverings.)

Prevention in supply chain. Some participants urged CPSC to stress the importance of prevention as early as possible in the supply chain. They expressed strong support for CPSC’s May 2010 proposed rule to allow for certain testing of components as a partial or full basis for certifying that the final product complies with CPSC rules, bans, standards, etc. (See ITT’s Online Archives or 05/21/10 news, 10052134, for BP summary of the May 2010 proposed rule.)

Recall effectiveness. Participants supported CPSC’s efforts in the area of consumer registration cards for durable infant and toddler products that are meant to facilitate recalls, but stressed that CPSC must also focus on the effectiveness of recalls (i.e. the number of recalled products that actually get removed from the market).

Public database. CPSC was asked to add its current body of information on consumer complaints and incidents to the public database it is required to establish by March 2011. According to the participant, CPSC’s May 2010 proposed rule on the database would not require the agency to capture any of this “legacy” information. (See ITT’s Online Archives or 05/25/10 news, 10052524, for BP summary of CPSC’s public database proposed rule.)

Other product-specific recommendations. Participants also asked CPSC to address the following product-specific topics:

  • Upholstered furniture - establish mandatory standard which requires open flame testing.
  • Novelty cigarette lighters -- ban novelty cigarette lighters which are dangerous and targeted to children.
  • Glass furniture -- require that any glass in furniture be made of “safety glass.”
  • Crib bumper pads -- make clear that CPSC does not “endorse” the use of bumper pads in cribs.
  • Ladders -- establish new mandatory standards for ladders.
  • Residential sprinklers -- establish robust performance standards for residential sprinklers.