U.S. Consumer Product Safety Commission

Joseph P. MohorovicDirector IPIA

IMPORTANT NOTE: The comments or views expressed are my own and they have not

been reviewed by and are not necessarily those of the Commission.

U.S. 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

Purpose“To protect the public against unreasonable

risks of injury associated with consumer products.”1

1 Section 2(b)(1) of the Consumer Product Safety Act, 15 U.S.C. § 2051 (b)(1)

How is the Mission Carried Out?

• Promulgating regulations providing for safety standards for consumer products

• Recalling defective products which could create a substantial product hazard or create an unreasonable risk of serious injury or death to consumers

• Administering civil and criminal remedies including monetary penalties

• Participating in the development of consensus standards

• Developing information and education programs

Product Safety Standards

• Regulatory process can be started by vote of the Commission or by a petition from an interested party

• CPSA acknowledges regulations (mandatory) and private sector (voluntary) product safety standards

• Private sector standards are developed in cooperation with the CPSC staff

• CPSC statutes set a preference for (voluntary) private sector standards

Petitions • Outside party can request (in writing) that Commission

develop mandatory standard• Petition must identify:

- product(s)- facts showing risk- need for standard

• Staff reviews petition and prepares recommendation to Commission:• grant• deny• defer action

• Commission may ask for public comment, hold public meeting(s)

• If Commission votes to grant, rulemaking commences

Commission Priorities

• Commission sets priorities for addressing risks• Staff prepares briefing package to Commission

evaluating risk/need for standard• If Commission accepts staff recommendation,

rulemaking commences

Advance Notice of Proposed Rulemaking (ANPR)

• Public notice identifies product, nature of risk, summarizes alternatives, existing standards

• Requests comment on problem, suggested solutions, existing standards

Information for Commission

• Staff prepares briefing package to Commission addressing comments on ANPR and recommending draft standard

• Commission may hold public meeting(s) to obtain additional input

Proposed Rule

• Commission votes to issue proposed standard for public comment

• Notice of proposed rulemaking (NPR) must include

• Proposed mandatory standard• Preliminary estimate of costs/benefits• Reasonable alternatives and their costs/benefits• Why existing or planned voluntary standards are not sufficient

Information for Commission

• Staff prepares briefing package to Commission analyzing comments on NPR and recommending final standard

• Commission may hold further public meeting(s)/hearings(s)

Commission Findings

• Mandatory standard is necessary to reduce or eliminate unreasonable risk

• Standard is least burdensome alternative that adequately reduces risk

• Benefits bear a reasonable relationship to costs• If voluntary standard exists

• will not adequately reduce risk, or• not likely to be substantial compliance with it

Final Rule

• Commission votes to issue final rule• Final Rule published in the Federal Register• Effective date at least 30 days after publication

absent good cause

CPSC Semiannual Regulatory AgendaApril 2006

• Pre-rule Stage– 3041-AC22 Petition for Mandatory Standards for Candles – 3041-AC29 Petition Requesting Amendment to the Ban on Infant Pillows

• Proposed Rule Stage– 3041-AB35 Flammability Standards for Upholstered Furniture– 3041-AB68 Amendment of the Standard for the Flammability of Clothing Textiles– 3041-AB91 Portable Bed Rails– 3041-AC25 Mandatory Standard for Cigarette Lighters– 3041-AC28 All Terrain Vehicles

• Long Term Actions– 3041-AB67 Amendment of Safety Regulations for Cribs– 3041-AC03 Safety Standard for Baby Bath Seats– 3041-AC10 Petition Requesting a Standard for Bunk Bed Corner Posts– 3041-AC19 Petition Requesting Standard for a System to Reduce Table Saw Injuries– 3041-AC26 Proposed Standard to Address Open-Flame Ignition of Bedclothes– 3041-AC27 Possible Revocation of Standard for the Flammability of Mattresses

• Completed Actions– 3041-AC02 Proposed Standard to Address Open-Flame Ignition of Mattresses– 3041-AC12 Possible Special Packaging Standard for Household Products Containing

Hydroxides– 3041-AC23 Petition Requesting Ban of Sulfuric Acid Drain Openers for Consumer Use

Joseph P. MohorovicDirector

Office of International Programs and Intergovernmental Affairs

U.S. Consumer Product Safety Commission 4330 East West Highway

Bethesda, MD  20814-4408 Office: (301) 504-7885Fax: (301) 504-0768

E-mail: jmohorovic@cpsc.gov