Conferees Reach Agreement on Consumer Product Safety Legislation
The Senate Commerce, Science, and Transportation Committee has announced that the House-Senate conference committee for H.R. 4040, the Consumer Product Safety Improvement Act of 2008, has reached agreement on the Conference Report.
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According to the Committee, the conference committee reached agreement on the remaining outstanding items, pending final adoption of the complete conference report. These items are in addition to the 9 items conferees approved on July 17, 2008 and the 21 items conferees approved on June 23, 2008.
(On December 19, 2007, the House passed its version of H.R. 4040, and on March 6, 2008, the Senate passed its version of this measure. A House-Senate conference was held to resolve the differences between the House and Senate versions of H.R. 4040.)
Conference Report Must Still be Passed by House, Senate; Enacted by President
The conference report must now be passed by both the House and Senate after which it would be sent to the President for approval (enactment).
Final Items Approved Pending Adoption of Conference Report
The outstanding items on which the conference committee reached agreement, pending final adoption of the complete conference report, include:
- Third Party Testing, Inspection of Proprietary Labs
- Mandatory Toy Standards
- Reauthorization Years and Authorization of Appropriations
- Notification of Noncompliance
- Prohibited Acts
- Criminal Penalties
- Whistleblower Protections
- ATV Safety Standards
- Phthalates Ban
- Formaldehyde Study
(The 30 provisions previously agreed to by the conference committee are:
Export of Recalled and Non-conforming Products
Import Safety Management and Interagency Cooperation
Substantial Product Hazard List and Destruction of Noncompliant Imported Products
Financial Responsibility
Inspector General Audits and Reports
Children's Products Containing Lead, Lead Paint Rule
Enforcement by State Attorneys General
Establishment of a Public Consumer Product Safety Database
Public Disclosure of Information
Tracking Labels for Children's Products
Durable Nursery Product Standards
Catalog and Internet Advertising
Study of Injuries and Deaths in Minority Children
Full Commission Requirement and Interim Quorum
Submission of Documents to Congress
Expedited Rulemaking
Prohibition on Stockpiling
Enhanced Recall Authority
Corrective Action Plans
Requirements for Recall Notices
Inspection of Proprietary Labs
Identification of Manufacturers
Increased Civil Penalty
Sharing of Information with Government Agencies
Repeal of Section 30(d) of the Consumer Product Safety Act
Industry Sponsored Travel Ban
Annual Reporting Requirement
Study of effectiveness of authorities related to imported product safety
Cost Benefit Analysis for the Poison Prevention Packaging Act
Employee Training Exchanges)
(See ITT's Online Archives or 07/21/08 news, 08072119, for BP summary of agreement by Conferees on 9 items. See ITT's Online Archives or 06/27/08 news, 08062710, for BP summary of agreement by Conferees on 21 items.
See ITT's Online Archives or 03/19/08 and 01/07/08 news, 08031915, and 08010710, for BP summaries of the Senate's version of H.R. 4040 and the House's version of H.R. 4040, respectively.)
Senate Commerce, Science, and Transportation Committee press release on reaching agreement on 10 remaining items (dated 07/28/08) available at http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=fa463be5-3d49-44dc-bcd0-8975ead9cdd2&Month=7&Year=2008.6
Senate Commerce, Science, and Transportation Committee press release on agreement being reached on CPSC conference report (dated 07/28/08) available at http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=2781a005-2c39-46a2-9e25-95da65f4bd65&Month=7&Year=2008.