ConsumerProductSafetyCommission[1]

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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
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