Awaiting reconciliation with the House version of the bill.
The Legislation:
The Consumer Product Safety Commission Reform Act raises Consumer Product Safety Commission (CPSC) funding to $155 million in FY2015 and designates an additional $40 million for renovation of the Commission’s research, development, and testing facility. The legislation increases consumer access to information about hazardous products: the law requires the CPSC to create a publicly accessible database of deaths, injuries, illnesses, and risks of injury related to the use of consumer products that are reported by consumers, government agencies, health care professionals, and other non-governmental sources. The bill makes rulemaking at the CPSC more efficient. The Consumer Product Safety Modernization Act mandates independent third-party testing of children’s products to certify that they meet applicable standards and makes mandatory toy safety standards that are currently voluntary. The legislation authorizes state attorneys general to bring civil actions on behalf of residents to obtain injunctive relief from a violation of a consumer product safety rule. A so-called whistleblower protection clause safeguards both public and private sector employees who object to or inform authorities about violations of consumer product safety rules. The bill increases civil penalties for violators of the Consumer Product Safety Act from $1.8 million to $20 million. The legislation also bans paint and children’s products that contain more than a minimal amount of lead and expands the definition of children’s products to include all goods that are primarily intended for youths under the age of 7.
The Middle-Class Position:
The Middle Class Supports. The record-setting 473 product recalls last year made 2007 the year of the recall. Although the Consumer Product Safety Commission is responsible for protecting consumers from more than 15,000 types of consumer products, an anemic budget and staff shortages have increasingly put middle-class American consumers at risk. The Senate version of the Consumer Product Safety Modernization Act responds soundly to the dangers that consumers increasingly confront at the supermarket, at the toy store, and in their own homes. By providing the CPSC with additional funding through 2015, along with resources to improve its testing facilities, the legislation helps to ensure that competent inspectors remain vigilant of consumer safety no matter who is president. Empowering state attorneys general to file suit when they believe that residents of a state have been adversely affected by a violation of a consumer product safety rule – instead of simply to enforce a CPSC rule, as provided in the House version of this bill – creates an additional layer of consumer protection. Independent third-party testing of children’s products prevents the insidious practice by which manufacturers would certify the safety of their own goods, while mandatory toy safety standards are a commonsense response to the recent explosion of toy recalls. A database of consumer complaints about dangerous products will both educate the public about potentially harmful goods and allow consumers to voice their concerns about such products. The ban on lead in children’s products and the increase in the age level at which a product is considered to be intended for a child will benefit parents who would otherwise be unable to determine if a toy is safe. Whistleblower protections will ensure that vigilant industry employees and public employees do not fear job or compensation loss for reporting negligent manufacturing practices or poor oversight.
From the Experts:
“The CPSC needs more resources and authority, and a greater sense of urgency when it comes to hazards that can injure and kill, especially in light of the record 473 product recalls in 2007. In this regard, the Senate bill is certainly a major step in the right direction. The bill increases the CPSC’s funding, creates a public database of information on hazardous products, gives state attorneys general more authority to protect their residents from unsafe products, sets lower acceptable lead levels for children’s products, improves safety standards and testing for toys, and offers important whistleblower protection to employees who report unsafe products and legal violations.” –David Arkush, Public Citizen (March 6, 2008)
“Better product safety requires a comprehensive approach – fewer toxic toys, more money and authority for the CPSC, more disclosure to the public of hazards, more enforcement by state attorneys general and more independent testing of toys and other children’s products.” –Ed Mierzwinski, U.S. PIRG Consumer Program Director (March 6, 2008)
Beyond this Bill:
The Senate version of the Consumer Product Safety Modernization Act improves public access to information about harmful products, enhances enforcement of consumer product safety rules, and strengthens a Consumer Product Safety Commission that has been neglected in recent years. However, unlike the House bill, the Senate version does not enhance the CPSC’s recall authority. Additionally, caps on civil penalties encourage noncompliance on the part of manufacturers when their profit margins are greater than the monetary cap. Finally, expanding the definition of children’s products to include all goods marketed to young people under the age of 12 – as the House version does – would ensure that all children are protected by strict standards. Utilizing its improved resources, the CPSC must work assiduously to promulgate consumer product safety rules in a timely fashion.
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