CPSC Annual Report Lists All Standards, 2009 Penalties and Seizures, Etc.

(The report and its content are mandated by the Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA).)

Settled $9.8 million in Civil Penalties in 2009, Expects More in Future

In 2009, CPSC negotiated out-of-court settlements in which 38 companies voluntarily agreed to pay $9.8 million in civil penalties to the U.S. Treasury. Both the number of firms and the dollar amount are the largest in CPSC history. This total is expected to increase in the future because the CPSIA allows CPSC to impose significantly higher penalties. The report lists all civil penalty settlements accepted by CPSC in 2009 as well as completed or pending judicial actions.

CPSC Involved in 465 Voluntary Recalls in 2009

In 2009, CPSC staff completed 465 recalls (100% voluntary) of products that either violated mandatory standards or were defective and presented a substantial risk of injury to the public. The report describes all of the voluntary recalls undertaken by importers or manufacturers in 2009, the reason for the recall, and links to each recall notice.

Report Lists All Letters of Advice Issued After Port Screening, Etc

CPSC's report lists information on the many "Letters of Advice" sent to importers and manufacturers in 2009. These letters advise the company of violations discovered during screening by CPSC or U.S. Customs and Border Protection at the ports or elsewhere and the nature of the necessary corrective action such as "stop sale and correct future production," "recall," "denied entry," etc. Each of the entries lists the product, violation, action ordered, citation, and company name.

Includes Links to All CPSC Standards, Describes Voluntary Standards

The report's section on standards provides hyperlinks to all of the mandatory product safety standards traditionally enforced by CPSC, such as the safety standards for the flammability of clothing textiles, cigarette lighters, etc. It also describes the more recent standards created pursuant to the CPSIA including: (i) limits on certain phthalates in children's toys and child care articles; (ii) legislated limits on lead content and lead paint in children's products; (iii) standards for portable gasoline containers; and (iv) standards for swimming pool and spa drain covers.

In addition, the report describes CPSC's work with voluntary standards, noting that CPSC staff provided technical support or monitored the development of 39 voluntary safety standards in 2009. These include voluntary standards for furniture, window guards, electric heaters, artificial turf, bicycles, playground equipment, tree stands, etc.

Voluntary standards made mandatory in 2009. The report notes that the following voluntary standards became mandatory in 2009: (i) the ASTM F963-07 toy standard and its successor ASTM F963-08; (ii) the ANSI/SVIA-1-2007 standard for all-terrain vehicles; (iii) the ASTM F2517-05 child resistant gasoline container standard; and (iv) the ASME/ANSI A112.19.8 drain cover standard.

Report Describes All CPSC 2009 Rulemakings

CPSC's report lists and provides a brief description and hyperlink to all of its 2009 rulemakings which included (partial list):(i) final rule on inaccessibility for CPSIA lead content limits for children's products; (ii) final rule on determinations that certain materials do not exceed the CPSIA lead content limits; (iii) final rule on advertizing certain toys and games; (iv) final rule on ATV requirements; (v) etc.

CPSC Conducted Research on Children's Sleepwear, Phthalates, Drywall, Etc

CPSC conducts research to identify hazardous products and to design effective strategies to reduce product hazards. In 2009, CPSC staff conducted or participated in the following research (partial list):

Children's sleepwear test manual. In 2009, staff completed a draft Children's Sleepwear Laboratory Test Manual, which is in the clearance process. Staff will finalize the manual and post it on the CPSC Web site in 2010.

Carpets and rugs. In 2009, staff completed a literature review of laundering procedures used in mandatory and voluntary carpet and rug flammability standards. A draft report of the findings was completed.

Phthalates. A contractor report of a toxicity review of five phthalate substitutes was completed and staff completed five toxicity reviews for its report. Staff sent the five toxicity reviews out for scientific peer review. A sixth toxicity review, an update of toxicity data for di-isononyl phthalate, is scheduled to be completed in 2010.

Nanotechnology. Staff signed an Interagency Agreement with NIST in July 2009 that includes a review of nano FR performance in foam and barriers, and potential releases of these compounds during simulated use conditions. Staff expects that this review will be completed by the end of the 2010 calendar year.

Chinese drywall. In response to an emerging hazard, CPSC launched an extensive investigation requiring substantial resources to analyze information about imported drywall to determine the connection between drywall imported from China and certain reported health and corrosion issues.

(See ITT's Online Archives or 11/24/09 news, 09112425, for BP summary of a similar CPSC report, its 2009 Performance and Accountability Report.)

CPSC 2009 Report to the President and Congress (posted 03/24/10) available at http://www.cpsc.gov/cpscpub/pubs/reports/2009rpt.pdf