U.S. Consumer Product Safety Commission

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U.S. Consumer Product Safety Commission
This presentation has not been reviewed or
approved by the Commission and may not reflect
its views
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Consumer Products Exported to the United
StatesWho is Responsible for Safety?
Richard OBrien Director, Office of International
Programs and Intergovernmental Affairs
This presentation has not been reviewed or
approved by the Commission and may not reflect
its views
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Imported Products AreEssential for the U.S.
Economyand Represent Important Revenue for the
Exporting Economy. But Know the Rules Before
You Agree on the Order!

• U.S. Consumer Product Safety Commission
• Department of Transportation
• Department of Commerce
• Environmental Protection Agency
• Department of Agriculture

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Imported Products AreEssential for the U.S.
Economyand Represent Important Revenue for the
Exporting Economy. But Know the Rules Before
You Agree on the Order!

• U.S. Food and Drug Administration
• Department of Homeland Security
• Federal Communications Commission
• Department of Energy
• Some States

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U.S. Consumer Product Safety Commission (CPSC)

• An independent federal agency
• Established May 1973
• Responsible for Consumer Product Safety functions
  of the Federal Government
• Three Commissioners, appointed by the President
  and confirmed by the Senate

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Will You Be Trading in Any of 15,000 Types of
Consumer Products?

• . . . any article, or component part thereof,
  produced or distributed (i) for sale to a
  consumer for use in or around a permanent or
  temporary household or residence, a school, in
  recreation, or otherwise, or (ii) for the
  personal use, consumption or enjoyment of a
  consumer in or around a permanent or temporary
  household or residence, a
  school, in recreation, or otherwise2

2 Section 3(a)(1) of the Consumer Product
Safety Act, 15 U.S.C. 2052 (a)(1)
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Not Within CPSC Jurisdiction

• any article which is not customarily produced
  or distributed for sale to, or use or consumption
  by, or enjoyment of, a consumer3
• Alcoholic beverages, tobacco, firearms and
  explosives (BATFE) 
• Motor vehicles and equipment (NHTSA) 
• Pesticides (EPA)
• Aircraft (FAA)
• Boats (Coast Guard)
• Food and drugs (USDA and FDA)
• Occupational products (OSHA)
• Fixed-site amusement park rides (State
  jurisdiction)

3 Section 3(a)(1)(A) of the Consumer Product
Safety Act, 15 U.S.C. 2052 (a)(1)(A)
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Laws That Give CPSC Jurisdiction Over Consumer
ProductsWhether Made in USA or Imported

• Consumer Product Safety Act (CPSA)
• Federal Hazardous Substances Act (FHSA)
• Flammable Fabrics Act (FFA)
• Poison Prevention Packaging Act (PPPA)
• Refrigerator Safety Act (RSA)

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Other Jurisdictional Issues

• Manufacturers, distributors and retailers all
  equally responsible and liable under the acts4
  (but common carriers are specifically excluded)5 
• Exported goods excluded from jurisdiction unless
  the Commission finds such export presents an
  unreasonable risk of injury to consumers within
  the United States6
• Preemption all state and local regulations that
  conflict with CPSC regulations addressing the
  same risks7

4 Section 15 (b) of the Consumer Product Safety
Act, 15 U.S.C. 2064(b) 5 Section 3 (b) of the
Consumer Product Safety Act, 15 U.S.C.
2052(b) 6 Section 18 (a)(1)(B) of the Consumer
Product Safety Act, 15 U.S.C. 2067(a)(1)(B) 7
Section 26 (a) of the Consumer Product Safety
Act, 15 U.S.C. 2075(a)
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Product Safety Standards

• CPSA provides for regulations (mandatory) and
  private sector consensus (voluntary) product
  safety standards
• Regulatory process for a mandatory standard can
  be started by vote of the Commission or by a
  petition from an interested party

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Product Safety Standards

• Private sector consensus voluntary standards are
  developed in cooperation with the CPSC staff
• CPSC statutes set a preference for consensus
  voluntary private sector standards

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Standards Exist to Prevent

• Reporting Requirements10
• Manufacturers, retailers and distributors must
  report immediately to the Commission if they
  obtain information which reasonably supports the
  conclusion that the product
• contains a defect which could create a
  substantial product hazard, or
• creates an unreasonable risk of serious injury
  or death.

10 Section 15 (b)(1),(2),(3) of the Consumer
Product Safety Act, 15 U.S.C. 2064(b)
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Primary Voluntary Standard Development
Coordinators Utilized for Consumer Products

• ANSI (American National Standards Institute)
• Motorized Equipment
• Lawn Garden Equipment
• Household Products
• Safety Labeling
• ASTM International (formerly American Society for
  Testing and Materials)
• Childrens Products

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Primary Voluntary Standard Development
Coordinators Utilized for Consumer Products

• NFPA (National Fire Protection Association)
• Electrical
• Fire Suppression (sprinklers, fire extinguishers)
• Fueled Devices
• Underwriters Laboratories (UL)
• Electrical and other products

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CPSC Mandatory Toy Standards Title 16 CFR, Part

• 1117. Reporting of choking incidents
  involving marbles, small balls, latex balloons
  and other small parts
• 1500.18 Banned toys and other banned
  articles intended for use by children.
• 1500.19 Misbranded toys and other articles
  for use by children. Markings for Small
  Parts/Toys
• 1500.40 Method of testing toxic substances.
• 1500.47 Method for determining the sound
  pressure level produced by toy caps.
• 1500.48 Technical requirements for
  determining a sharp point in toys and other
  articles intended for use by children under 8
  years of age.

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CPSC Mandatory Toy Standards Title 16 CFR, Part

• 1500.49 Technical requirements for
  determining a sharp metal or glass edge in toys
  and other articles intended for use by children
  under 8 years of age.
• 1500.50 Test methods for simulating use and
  abuse of toys and other articles intended for use
  by children.
• 1500.51 Test methods for simulating use and
  abuse of toys and other articles intended for use
  by children 18 months of age or less.
• 1500.52 Test methods for simulating use and
  abuse of toys and other articles intended for use
  by children over 18 but not over 36 months of age.

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CPSC Mandatory Toy Standards Title 16 CFR, Part

• 1500.53 Test methods for simulating use and
  abuse of toys and other articles intended for use
  by children over 36 but not over 96 months of
  age.
• 1500.85 Exemptions from classification as
  banned hazardous substances
• 1500.86 Exemptions from classification as a
  banned toy or other banned article for use by
  children.
• 1500.121 Labeling requirements prominence,
  placement, and conspicuousness.
• 1500.230 Guidance for lead (Pb) in consumer
  products.
• 1500.231 Guidance for hazardous liquid
  chemicals in children's products.
• 1505 Requirements for electrically
  operated toys or other electrically operated
  articles for use by children

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What are Importers Responsibilities?

• Safety Consciousness
• Specifications (standards)
• Mandatory and Voluntary Certification
• Testing
• Market Surveillance
• Reporting
• Corrective Action
• __________________________________________________
  __________________________________________________
  __________________________________________
• Importer and Supplier Must Work Together

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Basic Responsibility

• Under the Consumer Product Safety Act, the term
  manufacturer is defined to include any person
  who imports a consumer product.
• Importers, although reliant on foreign producers,
  are directly responsible for the safety of
  products they bring into the United States.

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Safety Consciousness

• Do your homework know exactly which standards
  apply to the product you plan to sell
• Mandatory standards are the bare minimum
• Consensus standards will help avoid trouble
• Learn the safety issues before you make a deal,
  not after
• Use the information from CPSC website
• Sign up to receive notice of CPSC recalls
• Talk to experts in the field

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Communicating Specifications

• Importers and manufacturers must have a clear
  understanding of exactly which standards need to
  be met
• Itemize the mandatory standards that apply
• Specify consensus standards and other safety
  requirements
• Foreign manufacturers/suppliers should insist on
  a list of which mandatory and consensus standards
  apply

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Some Products Require Certification

• Section 14 of the Consumer Product Safety Act
  requires certification of some consumer products
• Under this law, which dates from 1972, the term
  certification has a different meaning than it
  does in recent international usage
• Certification under section 14 is more like a
  suppliers declaration of conformity

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Which CPSC Standards Currently Require
Certification?

• Section 1201 architectural glazing
• Section 1202 matchbooks
• Section 1203 bicycle helmets
• Section 1205 walk-behind power lawn mowers
• Section 1210 cigarette lighters
• Section 1212 multipurpose lighters
• Section 1213 bunk beds
• Others
• More in the future possible stay current!

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Who Must Certify?

• Section 14 applies to every manufacturer of a
  product that is subject to a CPSA standard it
  does not apply to bans or to standards/bans under
  other Acts implemented by CPSC
• The term manufacturer includes each U.S.
  importer of a product as well as the original
  manufacturer (unless exempted by CPSC rule)
• Section 14 also applies to a private labeler if
  the product bears a private label

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What Does Certified Mean?

• Section 14 requires the issuance of a certificate
• Must certify that the product conforms to all
  applicable consumer product safety standards
• Must specify any standard that is applicable
• Must accompany the product or otherwise be given
  to any distributor or retailer of the product
• Must state the name of the issuer and include the
  date and place of manufacture

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Basis for Certification

• Each certificate must be based on a test of each
  product or a reasonable testing program
• The Commission may prescribe reasonable testing
  programs for products requiring certification
• Any test or testing program may be conducted by a
  qualified, independent third party, but the
  Commission cannot require third-party testing

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Failure to Certify Imports

• Section 17 of the Consumer Product Safety Act
  states that a product offered for importation
  shall be refused admission if it is not
  accompanied by a certificate required by section
  14

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Certification Violations

• CPSA Section 19(a)(6) makes it unlawful for any
  person either
• to fail to furnish a certificate required by
  section 14 or
• to issue a false certificate if the issuer has
  reason to know it is false or misleading in any
  material respect
• Knowing violations of section 19 are subject to
  civil penalties knowing and willful violations
  are subject to criminal penalties

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Certification Under Other Statutes

• The new Standard for the Flammability (Open
  Flame) of Mattress Sets contains its own
  certification requirement 1633.12(a)(6)
• Advance Notice of Proposed Rulemaking for
  Fireworks discusses the possibility of adding a
  certification requirement

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Expansion of Mandatory Certification Is Likely

• Bills pending in Congress could make
  certification requirements applicable to other
  products, particularly toys
• Importers and their suppliers must perform due
  diligence

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Other Certification Requirements

• Third-party certification may be required by
  others for imported products
• For example, some States require certification of
  electrical products by recognized organizations
  like UL, CSA, ETL
• Retailers may require certification for certain
  products they sell

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Voluntary Third-Party Certification

• Certification by an independent third party is
  meaningful in many settings
• CPSC takes certification into account in sampling
  products for testing (e.g.,AFSL-tested fireworks
  are generally sampled less frequently)
• Failure to comply with consensus standards can
  create problems in product liability suits
• Consumers recognize and buy safer products

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Testing

• Importers and suppliers should make sure that
  products meet all CPSC standards at a minimum
• To avoid problems, samples should be tested
  randomly, early and often
• The cost of testing is a tiny fraction of the
  costs associated with recalls and violations

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Market Surveillance

• Make sure you have a system for keeping track of
  consumer complaints involving products in which
  you trade
• Pay attention to information from the CPSC
  Clearinghouse www.cpsc.gov and reports from
  your retailers
• Early identification of problems can avoid bigger
  problems

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Reporting

• Importers must report to the CPSC immediately if
  they learn that one of their products does not
  comply with a mandatory standard or ban under the
  Consumer Product Safety Act

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Reporting

• Failure to comply with a mandatory standard or
  ban under other laws administered by the CPSC may
  constitute a reportable defect
• Failure to meet consensus voluntary standards may
  make a product defective and require a report to
  CPSC

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Reporting Wisely

• Dont assume that an incident without injury
  means theres no problem
• Do evaluate product failures to determine what
  could have occurred in worst case
• Dont wait to finish exhaustive investigation
  before telling CPSC

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Corrective Action

• The CPSA provides for three alternative remedies
  in the case of the recall of a product that
  creates a substantial product hazard10
• Repair
• Replacement
• Refund of purchase price

10 15 U.S.C. 2064(d)
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Corrective Action

• Not every safety issue requires a recall, but it
  is important to learn from mistakes and prevent
  the same problems from happening again

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Preventive Action

• Preventive action is better than corrective
  action, for everyone
• Importer / Supplier must work as a team.
  Everyone wins or everyone loses.

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FACTORS OF CONFORMITY
Conformity With Export Market Safety Standards
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FACTORS OF CONFORMITY
Pa Pressure (production relative to capacity)
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FACTORS OF CONFORMITY
Z Deviation potential (local or 3rd country
standards relative to export market standards)
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FACTORS OF CONFORMITY
q Quality oversight (level of supply chain
quality management)
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FACTORS OF CONFORMITY
e Enforcement (level of regulatory enforcement,
including penalty )
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FACTORS OF CONFORMITY
Conformity With Export Market Safety Standards
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Questions?

• Office of International Programs
• Richard OBrien, Director
• robrien_at_cpsc.gov