Senate Committee Expected to Mark Up CPSC Reform Act of 2007
On September 12, 2007, Senators Pryor and Inouye introduced S. 2045, the CPSC Reform Act of 2007, a bill to "reform the Consumer Product Safety Commission to provide greater protection for children's products, to improve the screening of noncompliant consumer products, to improve the effectiveness of consumer product recall programs, and for other purposes."
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After its introduction, S. 2045 was referred to the Senate Commerce, Science, and Transportation Committee.
Senate Committee Expects to Hold Mark Up of S. 2045 on October 23, 2007
Trade sources have stated that the Senate Commerce, Science, and Transportation Committee is expected to hold a mark up of S. 2045 on October 23, 2007.
(A subcommittee of this same committee held a hearing on S. 2045 on October 4, 2007. Testifying at the hearing were representatives from the CPSC, various trade groups, etc.)
Highlights of S. 2045
According to press releases from Senator Pryor and the Senate Commerce, Science, and Transportation Committee, as well as the text of the legislation, S. 2045 would (partial list):
increase the Consumer Product Safety Act (CPSA), Federal Hazardous Substances Act (FHSA), and Flammable Fabrics Act (FFA) maximum civil penalty for each violation to $250,000, and the maximum civil penalty for a related series of violations to $100 million1.
strike the requirement that violators of the CPSA may only be criminally prosecuted after repeated warnings. It would also make a knowing violation of the CPSA punishable by up to a 1-year imprisonment and a knowing and willful violation punishable by up to a 5-year imprisonment.
direct the CPSC to establish a protocol for manufacturers and importers to have independent third party compliance certification for children's consumer products under CPSC jurisdiction.
authorize the CPSC to refer importers found to have committed multiple violations of the CPSA to U.S. Customs and Border Protection with the recommendation that the importer's license be revoked1.
ban the use of lead in children's products and establish a maximum level trace amount of lead allowed in such products.
direct manufacturers to label children's products with marks that can be used to identify the source, production date, and other information useful to facilitate a recall.
allow state Attorneys General to bring civil action on behalf of its residents to enforce product safety laws and obtain damages and restitution.
provide whistleblower protections for manufacturers' and importers' employees to shed light on any problems along the supply chain.
make it unlawful for retailers to sell a recalled product.
streamline the product safety rulemaking process to be timely and proactive.
reauthorize the CPSC for the next 7 years. Beginning with an authorization of $80 million for fiscal year (FY) 2009, the funding levels would increase by 10% per year, culminating at approximately $141.7 million for FY 2015.
authorize an additional $20 million for FY 2009 and FY 2010 for repair, re-equipping, and upgrading of the CPSC's research, development, and testing facility.
direct the CPSC to increase its number of full-time employees to at least 500 within the first 5 years.
eliminate a 1992 limitation on the use of funds for more than 3 Commissioners and urge the President to appoint a full complement of 5 Commissioners.
1The House of Representative recently passed a bill (H.R. 2474) which would also increase the maximum civil penalty under the CPSA, FHSA, and/or FFA for a related series of violations. (See ITT's Online Archives or 10/18/07 news, 07101815, for BP summary of the House's passage of H.R. 2474.)
2Their intent may be to revoke import privileges.
S. 2045 as introduced available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s2045is.txt.pdf.
Senate Commerce, Science, and Transportation Committee press release (dated 09/13/07) available at http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=248925&Month=9&Year=2007.
Senator Pryor press release (dated 09/12/07) available at http://pryor.senate.gov/newsroom/details.cfm?id=282376.
Archived video webcast of the October 4, 2007 subcommittee hearing, as well as the witness list and prepared testimony available at http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=1902.