Nyantee Kpou Consumer Product Safety Commission Consumer Product Safety Commission • Consumer Prod. Safety Act • Federal Hazardous Substances Act • Poison Prevention Packaging Act • Flammable Act • Reporting Requirements • Refrigerator Act • Exercise Consumer Product Safety Commission • Purpose of CPSC – The CPSC is an independent Federal regulatory agency that helps keep American families safe by reducing the risk of injury or death from consumer products. Purposes of the commission under the CSPA are: • To protect the public against unreasonable risks of injury associated with consumer products. • To assist consumers in evaluating the comparative safety of consumer products. • To develop uniform safety standards for consumer products and to minimize conflicting State and local regulations. • To promote research and investigation into the causes and prevention of product- related deaths, illnesses, and injuries. • They do all these by: continue • Developing voluntary standards with industry • Obtaining the recall of products or arranging for their repair • Conducting research on potential product hazards • Issuing and enforcing mandatory standards; banning consumer products if no feasible standard would adequately protect the public Definition(Consumer Product Safety Act) The CPSA, enacted in 1972, is CPSC's umbrella statute. It established the agency, defines its basic authority, and provides that when the CPSC finds an unreasonable risk of injury associated with a consumer product it can develop a standard to reduce or eliminate the risk. The CPSA also provides the authority to ban a product if there is no feasible standard, and it gives CPSC authority to pursue recalls for products that present a substantial product hazard Federal Hazardous Substances Act • Definition • Penalties Definition (FHSA) The Federal Hazardous Substances Act (FHSA), requires that certain hazardous household products ("hazardous substances") bear cautionary labeling to alert consumers to the potential hazards that those products present and to inform them of the measures they need to protect themselves from those hazards Penalties (FHSA) Any person who violates any of the provisions shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $500 or to imprisonment for not more than ninety days, or both. • • Organizations -- Not more than $10,000. Individuals -- Not more than $5,000. • Offenses committed with intent to defraud or mislead or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than $3,000, or both such imprisonment and fine. Organizations: Not more than $200,000 if the offense does not result in death. Not more than $500,000 if the offense results in death. Individuals: Not more than $100,000 if the offense does not result in death. Not more than $250,000 if the offense results in death. Poison Prevention Packaging Act What is it? PPPA definition Enacted in 1970, the PPPA requires a number of household substances to be packaged in child-resistant packaging. The packaging required by the PPPA must be designed or constructed to be significantly difficult for children under five years of age to open within a reasonable time, and not difficult for normal adults to use properly. Flammable Fabrics Act (FFA) • Definition • Penalties Definition FFA The Flammable Fabrics Act, was passed in 1953 to regulate the manufacture of highly flammable clothing, such as brushed rayon sweaters and children's cowboy chaps. The Flammable Fabrics Act of 1953 originally placed enforcement authority with the Federal Trade Commission. In 1967, Congress amended the Flammable Fabrics Act to expand its coverage to include interior furnishings as well as paper, plastic, foam and other materials used in wearing apparel and interior furnishings. Penalties Any person who willfully violates this Act, or who fails to comply with it, will be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $5,000 or be imprisoned not more than one year or both in the discretion of the court: Provided, That nothing herein shall limit other provisions of this Act. Penalties cont. • Organizations: Not more than $200,000 if the offense does not result in death. Not more than $500,000 if the offense results in death. • Individuals: Not more than $100,000 if the offense does not result in death. Not more than $250,000 if the offense results in death. Refrigerator Safety Act • What is it? • Penalties What is it? The Refrigerator Safety Act, was enacted in 1956. The Act's regulations which became effective October 30, 1958 require a mechanism (usually a magnetic latch) which enables the door to be opened from the inside in the event of accidental entrapment. Penalties • Any person who violates this Act shall be guilty of a misdemeanor and shall, upon conviction thereof, be subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both. • Organizations: Not more than $200,000 if the offense does not result in death. Not more than $500,000 if the offense results in death. • Individuals: Not more than $100,000 if the offense does not result in death. Not more than $250,000 if the offense results in death Reporting Requirements • For most firms, there are two reporting requirements: – Dangerous products – Lawsuits Dangerous products • Manufacturers, importers, distributors, and retailers are required to report to CPSC within 24 hrs. of getting information that a product does not comply with a safety rule, or contains a defect with could create a substantial risk of injury to the public or present a risk of serious injury or death. Lawsuits • Manufacturers of a consumer product are also required to report information about settled or adjudicated lawsuits to CPSC under section 38(b) of the CPSA. Exercise 1 • Which of the following is cover under the jurisdiction of the CPSC? – – – – A: B: C: D: Cereal Egg products Gun locks Cosmetics Exercise 2 • True or False? The CPSC have jurisdiction on all U.S. manufactured products. Exercise 3 • True or False? Dr. S. Tom Foster has been chosen to serve on the Malcolm Baldrige National Quality Award committee 3 times. Summary • The Consumer Product Safety Commission plays a very critical role in our society. With the passing of: • The Flammable Fabrics Act to regulate the manufacturer of highly flammable clothing, such as brushed rayon sweaters and children’s cowboy champs. • The Poison Prevention Packaging Act, which requires a number of household substances to be package in childresistant packaging to ensure children's safety. • The Federal Hazardous Substances Act, which requires certain hazardous household products bear cautionary labeling to alert consumers of potential hazard of that product. • The Consumer Product Safety Act, which provide bans on products that do not meet the CPSC requirements. Summary cont. • The Refrigerator Safety Act, requires all refrigerator to have a magnetic latch which will enable the door to be open from the inside in the event of accidental entrapment Bibliography • http://www.cpsc.gov/busin fo/notcpsc.html • http://www.cpsc.gov/busin fo/fhsatext.html#sec5 • http://www.cpsc.gov/busin fo/fhsa.html • http://www.cpsc.gov/busin fo/pppa.html • http://www.cpsc.gov/cpsc pub/pubs/103.html • http://www.cpsc.gov/busin fo/ffa.html • http://www.cpsc.gov/busin fo/ffatext.html#sec7 • http://www.cpsc.gov/busin fo/rsa.html • http://www.cpsc.gov/busin fo/rsatext.html • http://www.cpsc.gov/busin fo/rsa.html • http://www.cpsc.gov/busin fo/unreg.html