December 14, 2009

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By Product Safety Letter staff

CPSC is set to receive the full $118.2 million called for under the CPSIA for fiscal 2010 under the final appropriations bill approved by the Senate 57-35 December 13. The full funding follows a rising trend in the number. In May, President Barack Obama's initial budget request of $107 million would have been a 10.5% reduction from the CPSIA figure. After that, early versions of the Senate and House budget bills would have given CPSC about $115 million and $113 million respectively. Fiscal 2010 began October 1.

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The CPSIA called for $118.20 million in 2010, $115.64 million in 2011, $123.99 million in 2012, $131.78 million in 2013, and $136.41 million in 2014. CPSC's 2009 budget was $105.4 million.

Meanwhile, regarding CPSIA amendments, the latest conference report for the legislation, H.R. 3288, includes a deadline -- January 15 -- for CPSC to send suggested "improvements to the statute" to both Appropriations Committees, the House Energy and Commerce Committee and the Senate Commerce, Science and Transportation Committee.

A likely area for change could be section 101 lead provisions. Last month, Product Safety Letter broke a story that quoted CPSC Chairman Inez Tenenbaum as writing to Rep. George Radanovich (R-Calif) that CPSC resources could be more effectively used if there were exceptions "in cases where a component with lead is required for a functional purpose, contact with the lead is infrequent, and the elimination of such component part is impracticable or impossible based on available scientific and technical information. This exception would provide the Commission with greater flexibility." (PSL is aware of possible amendment language to that effect posted December 11 on the blog of Learning Resources Chairman Rick Woldenberg, but has not yet independently verified the document.)

The congressional conference report also includes instructions for CPSC to continue considering section 101 exemptions, to consider the challenges faced by small manufacturers and crafters under section 102 testing and certification provisions, and to continue working with manufacturers of youth recreational vehicles on that industry's CPSIA challenges.


The text of the conference report concerning CPSC follows:

The conference agreement includes $118,200,000 for the Consumer Product Safety Commission (CPSC) as proposed by the House, instead of $115,000,000 as proposed by the Senate.

Funding is provided for the ongoing implementation and enforcement of recently enacted consumer protection legislation, including the Consumer Product Safety Improvement Act, the Virginia Graeme Baker Pool and Spa Safety Act, and the Children's Gasoline Burn Prevention Act. Funding is also provided to support expansion of the CPSC's Import Safety Initiative which positions CPSC investigators at key ports of entry to stop defective products from entering the United States. The conferees expect new staff hires, including at key ports of entry, as part of these implementation and enforcement efforts.

The conference agreement also provides funding to assist the CPSC in further identifying and addressing problems that may be associated with imported drywall from China.

The conference agreement modifies House report language regarding the Consumer Product Safety Improvement Act (CPSIA) of 2008 (Public Law 110-314). The CPSIA was signed into law on August 14, 2008 and is considered to be the most significant piece of consumer protection legislation enacted since the CPSC was established in the early 1970s. The legislation received nearly unanimous bipartisan support in Congress. Congress passed this legislation in the wake of a massive number of consumer product recalls in 2007 and 2008--more than 20 million--many of which involved toys manufactured in China. The conferees strongly support this legislation but are aware of concerns surrounding implementation of certain aspects of the law. The conferees believe there may be parts of some products subject to the strict lead ban under section 101(a) of the CPSIA that likely were not intended to be included. This includes parts of youth motorized off-road vehicles and bicycles, and may include parts of some sporting equipment and ordinary books. The conferees urge the CPSC to continue considering exemptions under section 101(b) of the CPSIA for parts of products that, based on the CPSC's determination, present no real risk of lead exposure to children. The conferees are also aware of concerns among small manufacturers and crafters regarding the third-party testing requirements under section 102 of the CPSIA and urge the CPSC to consider those when issuing rules and guidance on third-party testing.

The conferees further encourage the CPSC to continue to work with the off-road vehicle and other industries to reduce lead content in accessible components of all children's products to the greatest extent possible, where complete compliance is deemed not necessary or not feasible by the CPSC. The conferees note that the CPSC has already instituted a stay of enforcement until May 1, 2011 on the lead standard with regard to youth motorized recreational vehicles (which include all-terrain vehicles, motorcycles, and snowmobiles) with the expectation that the industries would work constructively with the CPSC in reducing lead levels as feasible. The CPSC is directed to assess enforcement efforts of section 101(a), including difficulties encountered, as well as recommendations for improvement to the statute, and to report to the House and Senate Appropriations Committees, as well as the House Energy and Commerce Committee and the Senate Commerce, Science, and Transportation Committee, no later than January 15, 2010.