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Kaye Offers Insight into Idea for Randomized Controlled Trials for Rules
CPSC Chairman Elliot Kaye May 13 explained to PSL that his call for agency staff to look into “randomized controlled trials of proposed rules” likely would involve review of what other agencies have done and would include analysis of legal considerations.
Commission Passes Operating Plan Update with Amendments
Commissioners voted 5-0 May 12 to approve with amendments the midyear update to CPSC’s operating plan.
CPSC Shows Early, Unfinished Platform for E-Filing Certificates
CPSC stakeholders May 13 had a chance to view a demonstration of the agency’s prototype registry to support electronic filing of certificates of conformance.
AHAM Updates CPSC Staff on Standards Proposals
The Association of Home Appliance Manufacturers (AHAM) May 12 shared fifteen proposals related to voluntary standards for major and portable appliances with CPSC staff.
CSPC Gets AFSL Input Related to Rules Review
CPSC May 11 heard an update and request for guidance on fireworks requirements.
Laundry Packets Work on Packaging and Aversives Continues
Task groups for ASTM’s F15.71 liquid laundry packets subcommittee May 8 and 11 discussed packaging options and potential issues with a patent on aversives.
Stop Sale Order Involves Recalled Magnets Zen Mixed with Own
Zen Magnets May 14 became subject to a stop sale order for all magnets it commingled with those it obtained from Star Networks.
ACCC Wants Input on Using Foreign Standards
The Australian Competition & Consumer Commission (ACCC) is seeking public feedback by June 5 on accepting international product safety standards and risk assessments.
EU Seeks Input on Toy Ingestion Amounts
Comment by June 12 on the European Union move to create a scientific opinion on estimates of how much toy material children ingest.
Albany NY Action Stayed Until Regulations Developed and Reviewed
Albany County, N.Y., May 13 agreed to a stay of its Local Law J, which targets antimony, arsenic, benzene, cadmium, cobalt, lead, and mercury in children’s products.
RAPEX YTD Tally Climbs to 676 with April Numbers
The EU’s January to April tally of RAPEX reports stands at 676 with the 170 received last month.
Vacant Homes Get 25K Fires a Year, Finds USFA
There were about 25,000 fires a year in vacant residential buildings from 2010 to 2012, according to data made available May 13 by the U.S. Fire Administration (USFA).
Four Sessions Likely to Address CPSC Broadly
An upcoming congressional hearing and three likely CPSC events promise to generate much discussion and insight into crosscutting agency matters.
Albany County, N.Y., May 13 agreed to a stay of its Local Law J, which targets antimony, arsenic, benzene, cadmium, cobalt, lead, and mercury in children’s products. Numerous industry groups, under the name Safe to Play Coalition, challenged the law in U.S. district court (PSL, 4/20/15) under the preemption provisions of both the CPSA and the FHSA.
Under the stipulation, the county will continue to create its regulations with expected completion in early November. It then will provide them to the coalition’s lawyers, and the coalition will decide, within 30 days, whether to proceed with its lawsuit. The county further agreed not to enforce the regulations until at least six months after any decision or order regarding preemption, an amended complaint, or a related appeal.
The coalition includes the American Apparel & Footwear Association, Halloween Industry Association, Juvenile Products Manufacturers Association, and Toy Industry Association (TIA). Locker Greenberg and Brainin is representing all members of the coalition with Arnold & Porter giving additional representation to TIA.
In the coalition’s press release, counsel Rick Locker noted, “This law claimed to make children’s products safer when, in reality, all it did was criminalize and ban the sale of safe children’s products that parents need and want for their children.”
Other New York counties are considering similar laws. Westchester County officials passed their version May 13, and it awaited the signature of the county executive as PSL went to press. It would involve a year-long education campaign targeting especially small retailers followed by the possibility of store checks. It also requires retailers to seek confirmation from suppliers that items comply with the restrictions, which follow those in Albany. Dutchess County is considering a similar move. As well, a similar bill is moving through the state legislature.
According to the coalition's April complaint (PSL, 4/20/15):
- On the FHSA, preemption would involve the definition of toxic at 15 CFR 1500.3(c)(2) and its role in determining what is a hazardous product. The coalition asserted that the approach of the local law towards toxic chemicals in children’s products differs from the federal approach by focusing on mere presence versus the FHSA specification of “an accessible and harmful amount of a hazardous chemical.” The suit also pointed to amendments via the CPSIA on lead that involve measurements at parts per million and technological feasibility as support against a zero content approach.
- Under the CPSA, the coalition noted the adoption of the ASTM F963 toy standard as mandatory via the CPSIA. The standard addresses many of the chemicals in the Albany law. Again, the argument involves the local law’s attempt to establish zero presence versus specified amounts.
- The coalition also argued that the law conflicts with the purposes of CPSC to “minimize conflicting state and local regulations,” to set “least burdensome” rules, and to deal with “unreasonable” risks.