CPSC to Vote June 29 on "15(j)" Final Rule for Drawstrings
The Consumer Product Safety Commission is scheduled to vote on June 29, 2011 on a “15(j)” final rule for drawstrings in children’s upper outerwear. The final rule would designate children’s upper outwear in sizes 2T to 12, or the equivalent, with neck or hood drawstrings, and children’s upper outerwear in sizes 2T to 16, or the equivalent, with certain waist or bottom drawstrings, as substantial product hazards under section 15(j) of the Consumer Product Safety Act (CPSA).
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(Section 15(j) of the CPSA provides a new general defect authority that allows CPSC to define the presence or absence of certain characteristics as a defect for a class of products. The characteristic must be “readily observable” and addressed by voluntary standards that are effective and generally complied with. The characteristic may be one that should not be present (e.g. drawstring) or one that should be present (e.g. hairdryer immersion protection). “15(j)” authority was established by the Consumer Product Safety Improvement Act of 2008 (CPSIA).)
Products w/ Defect Require Immediate Reporting, to be Refused Admission, Etc.
Products with substantial product hazards face the following restrictions and requirements:
Must be reported immediately to CPSC -- is subject to the reporting requirements of section 15(b) of the CPSA (15 USC 2064(b)). A manufacturer (includes importer) who fails to report a substantial product hazard to the Commission is subject to civil and criminal penalties.
Will be refused admission -- will be refused admission into the U.S. under section 17(a) of the CPSA (15 USC 2066(a)).
Subject to corrective action (i.e., recall) -- is subject to corrective action under section 15(c) and (d) of the CPSA (15 USC 2064(c), (d)) which means that CPSC can order the manufacturer, distributor, or retailer of the product to offer to repair or replace the product, or to refund the purchase price to the consumer.
(Note that CPSC approved its first “15(j)” final rule for hairdryers without immersion protection on June 3, 2011, but it is still pending publication in the Federal Register. See ITT’s Online Archives or 06/06/11 news, 11060613, for BP summary of the approval.)
See ITT’s Online Archives or 05/17/10 news, 10051763, for BP summary of the proposed 15(j) rule for drawstrings.)
Staff briefing package and draft Federal Register final rule available here.