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Unformatted text preview: U.S. Consumer Product Safety Commission Consumer Products Exported to the United States
Who is Responsible for Safety? Richard O’Brien 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 1 This presentation has not been reviewed or approved by the Commission and may not reflect its views 2 Imported Products Are Essential for the U.S. Economy and Represent Important Revenue for the Exporting Economy. But Know the Rules Before You Agree on the Order!
U.S. Consumer Product Safety Commission U.S. Department of Transportation Department Department of Commerce Department Environmental Protection Agency Environmental Department of Agriculture Department
3 Imported Products Are Essential for the U.S. Economy and Represent Important Revenue for the Exporting Economy. But Know the Rules Before You Agree on the Order!
U.S. Food and Drug Administration U.S. Department of Homeland Security Department Federal Communications Commission Federal Department of Energy Department Some States Some
4 U.S. Consumer Product Safety Commission (CPSC)
An independent federal agency An Established May 1973 Established Responsible for Consumer Product Safety Responsible functions of the Federal Government Three Commissioners, appointed by the Three President and confirmed by the Senate 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, 2 a school, in recreation, or otherwise…” otherwise…” 2
5 Section 3(a)(1) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(1) 6 Not Within CPSC Jurisdiction
“… any article which is not customarily produced or distributed for for sale to, or use or consumption by, or enjoyment of, a consumer…”3 consumer…” Alcoholic beverages, tobacco, firearms and explosives (BATFE) Alcoholic Motor vehicles and equipment (NHTSA) Motor Pesticides (EPA) Pesticides Aircraft (FAA) Aircraft Boats (Coast Guard) Boats Food and drugs (USDA and FDA) Food Occupational products (OSHA) Occupational Fixed-site amusement park rides (State jurisdiction) Fixed- Laws That Give CPSC Jurisdiction Over Consumer Products Whether Made in USA or Imported
Consumer Product Safety Act (CPSA) Consumer Federal Hazardous Substances Act (FHSA) Federal Flammable Fabrics Act (FFA) Flammable Poison Prevention Packaging Act (PPPA) Poison Refrigerator Safety Act (RSA) Refrigerator 3 Section 3(a)(1)(A) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(1)(A) 7 8 Other Jurisdictional Issues
Manufacturers, distributors and retailers: all Manufacturers, equally responsible and liable under the acts4 (but (but 5 common carriers are specifically excluded) Exported goods: excluded from jurisdiction unless Exported the Commission finds such export presents an unreasonable risk of injury to consumers within the United States6 Preemption: all state and local regulations that Preemption: conflict with CPSC regulations addressing the same risks7
4 5 6 7 Product Safety Standards
CPSA provides for regulations CPSA (mandatory) and private sector consensus (voluntary) product safety standards Regulatory process for a mandatory Regulatory standard can be started by vote of the Commission or by a petition from an interested party
9 10 Section 15 (b) of the Consumer Product Safety Act, 15 U.S.C. § 2064(b) Section 3 (b) of the Consumer Product Safety Act, 15 U.S.C. § 2052(b) Section 18 (a)(1)(B) of the Consumer Product Safety Act, 15 U.S.C. § 2067(a)(1)(B) Section 26 (a) of the Consumer Product Safety Act, 15 U.S.C. § 2075(a) Product Safety Standards
Private sector consensus voluntary Private standards are developed in cooperation with the CPSC staff CPSC statutes set a preference for CPSC consensus voluntary private sector standards
10 Standards Exist to Prevent…
Reporting Requirements10 Manufacturers, retailers and distributors must report Manufacturers, immediately to the Commission if they obtain information which reasonably supports the conclusion that the product: contains a defect which could create a contains “substantial product hazard,” or creates “an unreasonable risk of creates serious injury or death.” serious
Section 15 (b)(1),(2),(3) of the Consumer Product Safety Act, 15 U.S.C. § 2064(b)
12 Primary Voluntary Standard Development Coordinators Utilized for Consumer Products
ANSI (American National Standards Institute)
Motorized Equipment Lawn & Garden Equipment Household Products Safety Labeling Primary Voluntary Standard Development Coordinators Utilized for Consumer Products
NFPA (National Fire Protection Association) Electrical Fire Suppression (sprinklers, fire extinguishers) Fueled Devices ASTM International (formerly American Society for Testing and Materials)
13 Underwriters Laboratories (UL)
Electrical and other products
14 CPSC Mandatory Toy Standards Title 16 CFR, Part:
1117. Reporting of choking incidents involving 1117. marbles, small balls, latex balloons and other small parts 1500.18 Banned toys and other banned articles 1500.18 intended for use by children. 1500.19 Misbranded toys and other articles for use 1500.19 by children. Markings for Small Parts/Toys 1500.40 Method of testing toxic substances. 1500.40 1500.47 Method for determining the sound 1500.47 pressure level produced by toy caps. 1500.48 Technical requirements for determining a 1500.48 sharp point in toys and other articles intended for use by children under 8 years of age.
15 CPSC Mandatory Toy Standards Title 16 CFR, Part:
1500.49 Technical requirements for determining a 1500.49 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 1500.50 abuse of toys and other articles intended for use by children. 1500.51 Test methods for simulating use and 1500.51 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 1500.52 abuse of toys and other articles intended for use by children over 18 but not over 36 months of age.
16 CPSC Mandatory Toy Standards Title 16 CFR, Part:
1500.53 Test methods for simulating use and abuse of 1500.53 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 1500.85 hazardous substances 1500.86 Exemptions from classification as a banned 1500.86 toy or other banned article for use by children. 1500.121 Labeling requirements; prominence, 1500.121 placement, and conspicuousness. 1500.230 Guidance for lead (Pb) in consumer products. 1500.230 1500.231 Guidance for hazardous liquid chemicals in 1500.231 children's products. 1505 Requirements for electrically operated toys 1505 or other electrically operated articles for use by children 17 What are Importer’s* Responsibilities?
Safety Consciousness Safety Specifications (standards) Specifications Mandatory and Voluntary Certification Mandatory Testing Testing Market Surveillance Market Reporting Reporting Corrective Action Corrective
______________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________ * Importer and Supplier Must Work Together Importer
18 Basic Responsibility
Under the Consumer Product Safety Act, Under the term “manufacturer” is defined to include any person who imports a consumer product. Importers, although reliant on foreign Importers producers, are directly responsible for directly the safety of products they bring into the United States.
19 Safety Consciousness
Do your homework know exactly which Do standards apply to the product you plan to sell
Mandatory standards are the bare minimum Mandatory Consensus standards will help avoid trouble Consensus Learn the safety issues before you make a Learn before deal, not after
Use the information from CPSC website Use Sign up to receive notice of CPSC recalls Sign Talk to experts in the field Talk 20 Communicating Specifications
Importers and manufacturers must have a Importers clear understanding of exactly which exactly standards need to be met Itemize the mandatory standards that apply Itemize Specify consensus standards and other Specify safety requirements Foreign manufacturers/suppliers should Foreign insist on a list of which mandatory and consensus standards apply
21 Some Products Require Certification
Section 14 of the Consumer Product Safety Section Act requires certification of some consumer products Under this law, which dates from 1972, the Under term “certification” has a different meaning than it does in recent international usage Certification under section 14 is more like Certification a “supplier’s declaration of conformity”
22 Which CPSC Standards Currently Require Certification?
Section 1201 architectural glazing Section Section 1202 matchbooks Section Section 1203 bicycle helmets Section Section 1205 walk-behind power lawn mowers Section Section 1210 cigarette lighters Section Section 1212 multipurpose lighters Section Section 1213 bunk beds Section Others Others More in the future possible – stay current! More
23 Who Must Certify?
Section 14 applies to “every manufacturer” of Section 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. The importer of a product as well as the original manufacturer (unless exempted by CPSC rule) Section 14 also applies to a private labeler if Section the product bears a private label
24 What Does Certified Mean?
Section 14 requires the issuance of a certificate Section Must certify that the product conforms to all Must applicable consumer product safety standards Must specify any standard that is applicable Must specify Must accompany the product or otherwise be Must accompany given to any distributor or retailer of the product Must state the name of the issuer and include Must the date and place of manufacture date
25 Basis for Certification
Each certificate must be based on a test of Each each product or a reasonable testing or reasonable program The Commission may prescribe reasonable The testing programs for products requiring certification Any test or testing program may be Any conducted by a qualified, independent third party, but the Commission cannot require third-party testing 26 Failure to Certify Imports
Section 17 of the Consumer Product Section 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 Certification Violations
CPSA Section 19(a)(6) makes it unlawful for CPSA any person either to fail to furnish a certificate required by to fail section 14; or to issue a false certificate if the issuer has to issue reason to know it is false or misleading in any material respect Knowing violations of section 19 are subject to Knowing civil penalties; knowing and willful violations are subject to criminal penalties
28 27 Certification Under Other Statutes
The new Standard for the Flammability The (Open Flame) of Mattress Sets contains its own certification requirement [ § 1633.12(a)(6) ] Advance Notice of Proposed Rulemaking Advance for Fireworks discusses the possibility of adding a certification requirement
29 Expansion of Mandatory Certification Is Likely
Bills pending in Congress could Bills make certification requirements applicable to other products, particularly toys Importers and their suppliers must Importers perform due diligence
30 Other Certification Requirements
Third-party certification may be required by Third others for imported products For example, some States require For certification of electrical products by recognized organizations like UL, CSA, ETL Retailers may require certification for Retailers certain products they sell
31 Voluntary Third-Party Certification
Certification by an independent third party is Certification meaningful in many settings CPSC takes certification into account in CPSC sampling products for testing (e.g.,AFSLtested fireworks are generally sampled less frequently) Failure to comply with consensus standards Failure can create problems in product liability suits Consumers recognize and buy safer products Consumers
Importers and suppliers should make sure Importers that products meet all CPSC standards at a minimum To avoid problems, samples should be To tested randomly, early and often The cost of testing is a tiny fraction of the The costs associated with recalls and violations
33 Market Surveillance
Make sure you have a system for keeping Make track of consumer complaints involving products in which you trade Pay attention to information from the Pay CPSC Clearinghouse [www.cpsc.gov] and reports from your retailers Early identification of problems can Early avoid bigger problems
Importers must report to the CPSC Importers immediately if they learn that one of their products does not comply with a mandatory standard or ban under the Consumer Product Safety Act
Failure to comply with a mandatory Failure standard or ban under other laws administered by the CPSC may constitute a reportable defect Failure to meet consensus voluntary Failure standards may make a product defective and require a report to CPSC
36 Reporting Wisely
Don’t assume that an incident without Don injury means there’s no problem Do evaluate product failures to determine Do what could have occurred in worst case Don’t wait to finish exhaustive Don investigation before telling CPSC
37 Corrective Action
The CPSA provides for three The alternative remedies in the case of the recall of a product that creates a substantial product hazard10: substantial Repair Repair Replacement Replacement Refund of purchase price Refund
10 15 U.S.C. § 2064(d)
38 Corrective Action Not every safety issue requires a Not recall, but it is important to learn from mistakes and prevent the same problems from happening again Preventive Action Preventive action is better than Preventive corrective action, for everyone for Importer / Supplier must work as Importer a team. Everyone wins or everyone loses.
39 40 FACTORS OF CONFORMITY FACTORS OF CONFORMITY Pa = Pressure (production relative to capacity) Pa Z qe Conformity With Export Market Safety Standards Pa Z qe FACTORS OF CONFORMITY Z = Deviation potential (local or 3rd country standards relative to export market standards) FACTORS OF CONFORMITY q = Quality oversight (level of supply chain quality management) Pa Z qe Pa Z qe FACTORS OF CONFORMITY e = Enforcement (level of regulatory enforcement, including penalty ) FACTORS OF CONFORMITY Pa Z qe Pa Z qe Conformity With Export Market Safety Standards Questions? Office of International Programs Richard O’Brien, Director email@example.com
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This note was uploaded on 04/06/2010 for the course ME ME4214 taught by Professor Dr.yuen during the Spring '10 term at NYU Poly.
- Spring '10