Senators Propose Legislation To Strengthen Consumer Agency

By James A. Morrissey, Washington Correspondent

Two US senators have introduced legislation in Congress designed to beef up the Consumer Product Safety Commission (CPSC), which has jurisdiction over the safety of a wide range of consumer products including textiles and apparel.

Sens. Daniel Inouye, D-Hawaii, chairman of the Commerce Committee, and Mark Pryor, D-Arkansas, say the CPSC Reform Act of 2007 is designed to rebuild the consumer agency and enable it to meet the challenges of today’s economy.

Under the Bush administration CPSC has been moribund as a result of budget cuts and failure to name the number of commissioners needed to do its job. That all changed when the flap developed over toy imports of Chinese toys that were found to have lead paint levels that are illegal in the United States. Other toys also were found to present safety hazards. Although toy manufacturers have made massive recalls and are in negotiations with their overseas suppliers, Congress is likely to act soon to give the CPSC more authority and the staff necessary to address product safety problems. While the CPSC in the past has had problems with some textile products, they are few and far between today, but problems could exist with imports, and US manufacturers are keeping an eye on that situation.

The CPSC reform act would authorize funding in 2007 to increase the staff to at least 500 employees by 2013. It authorizes funding levels for seven years starting at $80 million in 2009 and increases funding at a rate of 10 percent per year through 2015. In 2008, an additional $20-million would be authorized to upgrade CPSC’s laboratories.

The act also would:
• increase civil fines up to $250,000 per violation with a cap of $100 million;
• increase criminal penalties to five years in jail for those who knowingly and willingly violate product safety laws;
• require independent, third-party safety certification on every children’s product that enters the United States;
• restore the commission to five members instead of the present three in order to prevent future absences of quorum;
• allow state attorneys general to bring civil action on behalf of their residents;
• provide whistleblower protection for manufacturers’ and importers’ employees to shed light on problems along the supply chain;
• make it illegal for retailers to sell a recalled product; and
• streamline product safety rule-making processes to be timely and proactive.