CPSC to Shift from CPSIA Implementation to Enforcement in FY 2011
In its latest budget request, the Consumer Product Safety Commission stresses that its focus will be shifting from implementation of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to enforcement of it in fiscal year 2011, which begins October 1, 2010.
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Enforcement Focus to be on Regulations, Imports, and Defects
CPSC states that this increased focus on CPSIA enforcement will center around the following three elements of its Compliance program: regulatory enforcement, import surveillance, and defect investigations.
Enforcement of New CPSIA Regulations
Staff work will evolve from development of the CPSIA mandated rules to enforcing those rules. CPSC states that staff will enforce the following new CPSIA rules promulgated in 2009 and 2010 (some of which have not yet been finalized):
tracking label rules1;
product registration card requirements2;
new durable infant or toddler products rules3;
toy standard requirements4;
phthalates bans5;
Section 15(j) generic defect rules6.
advertising rules7;
ATV standard and action plan requirements8; and
third-party testing and certification of children's products9.
More Investigators at Ports for Imports
CPSC plans to expand its enforcement at ports to stop unsafe products from entering the country.
Investigators at the ports will verify certifications for imported products by collecting and testing suspect samples, as certification of children's products does not guarantee product safety and CPSC must establish that third-party testing and certification is working properly.
It must also identify attempts to circumvent the system including use of counterfeit certifications. CPSC will verify that manufacturers are properly recertifying when there is a material change in a product's design or in the manufacturing process including the sourcing of component parts.
The port investigators will continuously verify compliance with all CPSC regulations.
More Recalls of Defective Products
CPSC plans to increase its resources and ability to identify and recall defective products not covered by regulations and to strengthen CPSC's defect investigation capacity.
Product defects can be identified through incident reports, and the number of incident reports that CPSC receives is expected to increase significantly with the release of its public, product incident database in mid-2011.
Currently, staff is able to investigate only a small percentage of these incidents because of limited resources. CPSC has asked for increased resources to strengthen the capacity of its field staff to investigate more incidents and to conduct thorough investigations and verify the circumstances surrounding them.
1Effective August 14, 2009, manufacturers of children's products must place permanent distinguishing "marks" on children's products and their packaging, to the extent practicable, that will enable: (i) the manufacturer to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), etc; and (ii) the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information. (See ITT's Online Archives or 07/22/09 news, 09072205, for BP summary of CPSC's Policy Statement on tracking labels.)
2Effective June 28, 2010, domestic manufacturers and importers of durable infant and toddler products must permanently mark such products and provide registration cards (among other requirements) to enable consumers of these products to register and be notified directly if the product is the subject of a recall or safety alert. (See ITT's Online Archives or 02/22/10 and 12/30/09 news, 10022215 and 09123035, for BP summaries.)
3In September 2009, CPSC issued two proposed rules on new mandatory safety standards for: (i) infant bath seats and (ii) baby-bouncers, walker-jumpers, baby walkers and similar products (collectively, baby walkers) that are not yet finalized. (See ITT's Online Archives or 09/03/09 news, 09090320, for BP summary.) As CPSC is required to issue mandatory standards for specific durable infant/toddler products every six months, more are expected soon. (See ITT's Online Archives or 09/30/08 news, 08093005, for BP summary.) In addition, CPSC has stated that it will issue new crib standards in 2010. (See ITT's Online Archives or 02/19/10 news, 10021910, for BP summary.)
4Toys manufactured on or after February 10, 2009 must meet the ASTM F963-07el toy standard. Toys manufactured on or after August 17, 2009 must comply with the successor ASTM toy standard, F963-08. (See ITT's Online Archives or 05/18/09 news, 09051805, for BP summary.)
5The CPSIA imposed both permanent and interim bans on certain phthalates in specified children's products beginning February 10, 2009 as follows: (1) children's toys or child care articles containing more than 0.1% of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP), or di-(2-ethylhexyl) phthalate (DEHP) were permanently prohibited; and (2) children's toys that can be placed in a child's mouth or child care articles containing more than 0.1% of diisodecyl phthalate (DIDP), diisononyl phthalate (DINP), or di-n-octyl phthalate (DnOP) were prohibited, on an interim basis until the CPSC determines whether to continue the ban. (See ITT's Online Archives or 08/10/09 news, 09081005, for BP summary of a CPSC policy statement on the phthalate bans.)
6CPSC is working on "15 (j)" rulemakings for drawstrings in children's garments and for hairdryers that will allow it to stop and destroy products with certain hazards at ports of entry (or for domestic products, order a manufacturer to cease distribution) without having to go through the current "trial-like" process. (See ITT's Online Archives or 10/08/09 news, 09100810, for BP summary.)
7In November 2008, CPSC issued a final rule requiring cautionary statements on choking hazards in the advertising of certain toys and games in catalogues and other printed materials and the Internet, if the advertising provides a direct means to purchase or order the product. It had phased-in compliance dates starting December 12, 2008. (See ITT's Online Archives or 11/19/08 news, 08111905, for BP summary.)
8CPSC issued a final rule, effective April 13, 2009, which makes mandatory the voluntary consumer product safety standard for four-wheeled all-terrain vehicles (ANSI/SVIA 1-20071), imposes ATV action plan requirements, etc. (See ITT's Online Archives or 11/19/08 news, 08111910, for BP summary.) Note that certain components of youth ATVs were granted a two year stay of enforcement of the CPSIA lead content limits until May 1, 2011. (See ITT's Online Archives or 05/12/09 news, 09051215, for BP summary.)
9In December 2009, CPSC voted to lift its one year stay of enforcement of certain CPSIA testing and certification in phases. For many products, the testing/certification stay was lifted on February 10, 2010. For bicycles, the stay will lift on May 17, 2010. For certain children's product safety rules, the stay will lift on an individual basis as determined by CPSC, depending on the issuance of specific rulemakings, the availability of labs, etc. The testing and certification stay for lead content of children's products will lift on February 10, 2011. (See ITT's Online Archives or 12/29/09 news, 09122920, for BP summary.)
CPSC FY 2011 budget materials available at http://www.cpsc.gov/cpscpub/pubs/reports/2011plan.pdf