CPSC Plans New Rules to Implement Stayed CPSIA Certifications, Larger Port Presence, Etc.
In response to recommendations made by the Government Accountability Office in August 2009, the Consumer Product Safety Commission has issued a report to Congress outlining the actions it is taking to strengthen its oversight of imported products.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
(See ITT's Online Archives or 10/08/09 news, 09100810 and 09100815, for BP summaries of CPSC outlining many of these actions in a recent public meeting.)
GAO Recommendations
In its report, GAO recommended CPSC expeditiously implement key provisions of the Consumer Product Safety Improvement Act of 2008 (CPSIA); strengthen its ability to target shipments of unsafe products by better coordinating with U.S. Customs and Border Protection (CBP); and develop a long-term plan for ensuring the safety of consumer products entering the U.S., including long-term plans for international engagement. (See ITT's Online Archives or 08/18/09 news, 09081810, for BP summary of GAO's report.)
CPSC Plans Rules to Implement Stayed CPSIA Provisions, Enhance Surveillance, Access to CBP Data, Etc.
The Consumer Product Safety Commission agrees with the recommendations made by the GAO with respect to import safety and is taking the following actions to implement GAO's recommendations:
Developing rules to fully implement CPSIA testing/certification. CPSC states it is developing rules to support implementation of the CPSIA certification and testing requirements it partially stayed until February 10, 2010. (Though CPSC did not provide details of these rules in this document, it has previously stated it expects to issue a rulemaking on component testing for CPSIA certification purposes in a few weeks and it is working to finalize the question of who is ultimately responsible for CPSIA testing and certification (i.e. the manufacturer, importer, or private labeler.) CPSC states that a Commission vote is planned on February 10, 2010 on termination of the stay.
(In February 2009, CPSC announced a one year stay of enforcement of certain CPSIA testing and certification such as for lead content and phthalates in children's products. However, it did not stay underlying product compliance. See ITT's Online Archives or 02/06/09 news, 09020610, for BP summary.)
Planning more surveillance at ports. CPSC plans to revise its Strategic Plan in 2010 to reflect, among other things, that enhanced surveillance at U.S. ports is essential to stop hazardous products from entering the U.S. This enhanced surveillance must be well planned so that as staff increases at the ports, the infrastructure is in place to support the testing and analysis of more samples and the resources are available to follow up on hazardous products.
Access to CBP data for targeting. CPSC's 2011 budget request identifies a need for planning funds to address data sharing between CPSC's risk management system and CBP's systems. In addition, CPSC is currently hiring an employee that will have access to CBP's Automated Targeting System (ATS) manifest data at a new import safety center called the Commercial Targeting Analysis Center (CTAC), which was expected to become operational on October 1, 2009.
Negotiating MOUs with CBP. CPSC states it is negotiating with CBP on the following three Memoranda of Understanding: (i) Data MOU - to govern the terms of CPSC access to ACE data - latest version of which was sent to CBP in June 2009; (ii) Operational MOU - to change some aspects of how CPSC works with CBP at the ports - sent to CBP in August 2009; (iii) TECS MOU - an agreement relating the Treasury Enforcement Computer System (TECS) and access to ATS data - sent to CBP in the middle of September 2009.
Developing "15(j)" rulemakings on hair dryers, drawstrings. CPSC is developing its first "15(j)" rulemakings1 to adopt rules to address substantial hazards in hair dryers and children's upper outerwear with drawstrings, with other product classes to follow on a periodic basis. CPSC expects to propose the first two such rulemakings within the next six months.
CPSC presence in China. CPSC is on track to establish its first overseas presence during 2009, at the U.S. Embassy in Beijing, China. This will enable CPSC to promote compliance with U.S. product safety requirements among Asian (especially Chinese) exporters and to coordinate with product safety regulators in the region. CPSC will continue to facilitate safety efforts with China through its Office of International Programs and Intergovernmental Affairs.
1"15j" of the Consumer Product Safety Act (CPSA) (15 USC 2064(j)) is a new authority provided by the CPSIA that in effect, allows CPSC to make parts of voluntary standards mandatory. Since the CPSA makes it impossible to adopt a new mandatory standard when there is an effective voluntary standard generally being complied with, this new authority helps CPSC to address instances of noncompliance with voluntary standards by speeding up the process, etc. (See ITT's Online Archives or 10/08/09 news, 09100810, for BP summary of "15j.")
CPSC report to Congress (dated October 2009) available at http://www.cpsc.gov/about/cpsia/GAOresponse.pdf