Senate Committee Orders Amended CPSC Bill on Product Safety to be Reported Out (Includes Provision on Revocation CHB License)
On October 30, 2007, the Senate Committee on Commerce, Science and Transportation amended and ordered to be favorably reported S. 2045, the CPSC Reform Act of 2007, to reform the Consumer Product Safety Commission to provide greater protection to children's products, and for other purposes.
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Bill Has Provision on Revoking Brokers' Licenses for "Aiding and Abetting"
As amended, S. 2045 contains a provision that would allow the CPSC to designate as a repeat offender, after notice and an opportunity for a hearing, any customs broker found by the CPSC to have aided and abetted the importation of a violative consumer product on multiple occasions, and to refer such broker to U.S. Customs and Border Protection with a recommendation that its license be revoked. The bill also states that CBP shall revoke the import and Customs broker license of any broker so referred. (The National Customs Brokers and Forwarders Association of America (NCBFAA) is opposed to this provision; see letter below.)
(See ITT's Online Archives or 10/22/07 news, 07102205, for BP summary of earlier version of S. 2045, where the original provision was to revoke an importer's license.)
Bill Would Also Require Third Party Certification of Children's Products, Etc.
Highlights of the amended bill's table of contents include the following section titles:
Sec. 10. Third party testing and certification of products for children aged 7 and younger
Sec. 11. Tracking labels for products for children
Sec. 12. Substantial product hazard reporting requirement
Sec. 13. Corrective action plans
Sec. 14. Identification of manufacturer by importers, retailers, and distributors
Sec. 15. Repeated importation offenses (contains broker license provision)
Sec. 17. Penalties
Sec. 22. Whistleblower protections
Sec. 23. Ban on children's products containing lead; lead paint rule
Sec. 24. Alternative measures of lead content
Sec. 29. Child-resistant portable gasoline containers
Sec. 30. Toy safety standard
Sec. 31. All-terrain vehicle safety standard
Sec. 32. Garage door opener standard
Sec. 34. Completion of cigarette lighter rulemaking
Sec. 35. Consumer product registration forms
(See ITT's Online Archives or 10/18/07 news, 07101815, for BP summary of H.R. 2474, a House-passed bill to increase maximum civil penalties that can be imposed by CPSC.)
Copy of October 31, 2007 (11:13 a.m.) version of S. 2045 (both the original and the amendment in the nature of a substitute) as obtained from a trade lobbyist is available by email only by sending requests to documents@brokerpower.com
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NCBFAA letter opposing provision on revocation of CHB licenses (dated 10/29/07) available by email only by sending requests to documents@brokerpower.com