CPSC Approves New Safety Standard for Bassinets and Cradles

October 23, 2013/in CPSC, News/by BillJ

At the end of September 2013, the US Consumer Product Safety Commission (CPSC) approved a new safety standard for bassinets and cradles over the objection of Commissioner Nancy Nord. On October 23, 2013, the Final Rule was published in the Federal Register and is effective six (6) months after the publication date in the Federal Register.

The new standard is based on a voluntary industry standard known as ASTM F2194-13, but places stricter requirements on the pass-fail criterion for the so-called “mattress flatness test.” In the mattress flatness test, a cylindrical weight is placed on a seam, and the angle between the weight and the mattress is measured. The voluntary standard allows the test to be performed up to three times, and the results averaged. The new standard, by contrast, does not permit averaging.

In voting against the safety standard, Commissioner Nord urged CPSC to defer to the voluntary standard’s averaging methodology. In her view, it is difficult to know if the proposed criterion is any safer than that already being used in the industry. She stated: “although no concrete evidence has been presented that demonstrates a difference in safety between the two criteria, and that alone is sufficient to convince me that the Commission should adopt ASTM’s criterion, the voluntary standard also strives to address the variability inherent in manufacturing and testing, and that is something the agency equally should strive to address appropriately.”

The new safety standard also imposes a removable bassinet bed stability requirement.
Because of the time required to redesign removable bassinet beds, manufacturers and importers have until eighteen months after the date of publication to comply with the new requirements for removable bassinet beds.

New Federal Safety Standard for Bassinets and Cradles Approved by CPSC

October 1, 2013/in CPSC/by BillJ

WASHINGTON, D.C. – To prevent deaths and injuries to children, the U.S. Consumer Product Safety Commission (CPSC) has approved a new federal mandatory standard to improve the safety of bassinets and cradles. The vote was 4 to 1. The new federal standard incorporates provisions in the voluntary standard (ASTM F2194-13), Standard Consumer Safety Specification for Bassinets and Cradles. CPSC staff recommended five modifications to F2194-13 standard. These modifications address risks not adequately covered by the voluntary standard. The modifications include:

a clarification of the scope of the bassinet/cradle standard;
a change to the pass/fail criterion for the mattress flatness test;
an exemption from the mattress flatness requirement for bassinets that are less than 15 inches across;
the addition of a removable bassinet bed stability requirement; and
a change to the stability test procedure, requiring the use of a newborn CAMI dummy rather than an infant CAMI dummy.

CPSC received notice of 426 incidents involving bassinet/cradles, including 132 fatalities from November 2007 through March 2013. The new standard defines “bassinet/cradle” as a small bed designed primarily to provide sleeping accommodations for infants, supported by free standing legs, a stationary frame or stand, a wheeled base, a rocking base, or swing relative to a stationary base. In a stationary (non-rocking or swinging) position, a bassinet/cradle is intended to have a sleep surface less than or equal to 10 degrees from horizontal. A bassinet/cradle is not intended to be used beyond the age of about 5 months or when a child is able to push up on his hands and knees. Bassinet and cradle attachments for non-full-size cribs or play yards are considered to be part of the bassinet/cradle category, as are bedside sleepers that can be converted to four-sided bassinets not attached to a bed. The effective date for the mandatory bassinet/cradle standard is 6 months after the final rule is published in theFederal Register. Manufacturers are allowed an additional 12 months to comply with the provision for removable bassinet beds.

Notes from the Recent CPSC Safety Academy 2013

September 25, 2013/in CPSC/by BillJ

During the recent CPSC Safety Academy held in Seattle, WA this month, there was a presentation given by Carol Cave, the Assistant Executive Director (AED) of the Office of Import Surveillance and John Blachere, an International Trade Specialist in the Office of Import Surveillance for the CPSC on how the CPSC reviews shipments at ports.

With the expansion of the tariff codes, the CPSC has the ability to target shipments with either high profile product groups, which may have experienced recalls or manufacturers who may have had problem products in the past. Based on this system, there were over 2 million shipments that were eligible for examination and out of these only 1,400 (0.070%) were detained with an average detention time of 13.4 days.

The products detained included; Toys (55%), Fireworks (14%), Clothing (9%), Holiday Light Sets (3%), Other Electrical Products (5%) and All Others (14%). Most of these products entered the United States by Sea (86%) with the other categories being; Rail (2%), Truck (6%) and Air (6%).

Of the 1,400 shipments stopped for examination 77% (1,022) were found to have violations with 61% (622) of those requiring seizure. These shipments were over the period from October 1, 2011 to September 5, 2013.

Of those violations that required seizure, the number one reason was for lead (34%) followed by a mechanical hazard (15%). While all of this was interesting, most of this information has been issued throughout the year in CPSC press releases. What was interesting was that during the QA portion of the presentation a question came up with regard to Children’s Product Certificates. The question was, how did the CPSC observe company’s complying with the requirement of certificates “accompanying each shipment”?

Carol and John both said that certificates were either physically with the products (in the containers themselves), included with the importation documents submitted by brokers or in a unique URL printed on the invoice, PO or other importation document.

They were then asked if they stopped and seized shipments strictly for not having a certificate for which they responded no. However, they did say that beginning in the fiscal year 2014 they will be looking to see if the shipment does have a proper certificate. This means that even if the shipment has passed the examination for chemical or physical hazard, the shipment can still be help up for a documentation (certificate) violation.

CPSC Safety Academy to be held Sept 18th

September 17, 2013/in CPSC/by BillJ

CPSC to hold 2nd Annual Safety Academy

The CPSC Safety Academy brings together CPSC staff and stakeholders, including manufacturers, consumer advocates, academic researchers and others to disseminate and share information on product safety topics. These topics include current regulatory requirements, testing and certification of children’s products, the mandatory toy standard, navigating compliance issues, the fast track recall program and others.

2013 Safety Academy

The U.S. Consumer Product Safety Commission is pleased to announce its 2013 Safety Academy. This year, the one-day academy will be held on the West coast in Seattle, Wash.

The academy will be held from 8 a.m. to 4 p.m. on Sept. 18, 2013, at the Henry M. Jackson Federal Building located at the Seattle Metro Service Center, 915 2nd Avenue, Seattle, Wash. 98174.

Agenda

CPSC Safety Academy Logistics

Registration is closed; the maximum capacity for attendees has been reached.

The Safety Academy offers basic topics in the morning sessions designed for those unfamiliar with the CPSC and the agency’s regulations. Afternoon sessions present more complex topics. Regardless of a person’s level of familiarity with the CPSC, the Safety Academy is an opportunity to ask questions about regulations and procedures, and to meet with specialists and field staff.

FOR FURTHER INFORMATION CONTACT:

Marc Schoem

Acting Director, Office of Education, Global Outreach, and Small Business Ombudsman

4330 East West Highway, Bethesda, MD 20814

Phone: 301-504-7620

E-mail: business@cpsc.gov

Only a few days left to comment – Proposed Rule On Certificates Of Compliance (16 C.F.R. 1110)

July 25, 2013/in CPSC/by BillJ

With the deadline for comments regarding the Proposed Rule On Certificates Of Compliance only 4 days away, you would think there would be more items posted on the website to date but surprisingly there have only been a few.

Three points of contention posted so far with the proposed rule changes to 16 CFR 1110 (Certificates of Compliance)

The requirement to list on the certificate the place “including street address” where the product(s) were manufactured, produced or assembled. Commenters have objected based on the fact that by providing this information the identification of suppliers would be made public and open to competitors or even large customers to by-pass and go directly to these suppliers.
The requirement that “a certifier shall list all applicable testing exclusions and include on the certificate the basis for the statutory or regulatory testing exclusion to such regulation.” Commenters have objected based on the burden to administer these exclusions on the certificate. For example even though the CPSC has given guidance on the testing of certain components of a product from lead testing due to the material (unadulterated wood, gold, silver, bone, textiles, etc.) of the component it would require that these exemptions be listed on the certificate. Most test reports currently list exemptions from testing that apply to the product being tested; they are not currently being listed on the product certificates. It is unclear at this point how extensive these “exemptions” must be. For example, if you have a product evaluated for Toy Safety using the current ASTM F963 standard, there would be portions of the standard that would not apply to that product. If it were not battery powered, the sections that apply to battery powered toys would not apply to the product and therefore it would be exempt by exclusion. Would there be a need to include these types of exemptions?
The requirement for certificates of imported products to be filed electronically with Customs and Border Patrol (CBP) at the time of entry or entry summary.Commenters have objected based on the previous definition of electronic certificates under section 1110.9 which allows for the use of a unique identifier (URL) when referencing the certificate, as opposed to the certificate itself. The feeling is that by requiring the filing of the certificate with CBP rather than providing a reference for it through a unique identifier (URL) would again cause additional administrative burdens.

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CPSC Issues Rule on Exemptions to Lead Limits in Children’s Products

July 15, 2013/in CPSC/by BillJ

On July 10, 2013, the US Consumer Products Safety Commission (CPSC) published in the Federal Register a final rule [Docket No CPSC-2009-0004] to amend its existing regulations pertaining to procedures and requirements for exclusions from lead limits under section 101(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA).

The CPSIA provides a “functional purpose” exemption from the lead limits of Section 101 (or lead in substrate material) of 100 ppm. This functional purpose exemption can apply to a specific product, class of products, type of material or component part.

To qualify for this functional purpose exemption the product, class of product, material or component part would have to require lead in excess of 100 ppm because it would not be practicable or technologically feasible to manufacture the product without lead in excess of the limit.

Exemptions can be issued based on how likely the product, class of product, material or component part could either be placed in the mouth, ingested or will have no measurable adverse effect on public heath, taking into consideration “normal and reasonably foreseeable use and abuse”.

If a party seeks exemption under this rule, they bear the “burden of proof” in demonstrating that product, class of product, material or component part meets the requirement of the exemption. The CPSC may base its decision solely on the materials presented by the party seeking the exemption and any materials received through the notice and hearing.

If an exemption is sought for the entire product or class of products then every accessible component or material must meet the criteria of the functional purpose exception.

If the CPSC grants an exemption for a product, class of products, material or component part they may; establish a new lead limit, place an expiration date on the exemption or establish a schedule after which the manufacture of the product, class of product, material or component part would be in compliance with existing lead limits.

The CPSC anticipates providing the public with staff guidance on the applicable procedures for requesting an exemption, which will be made available on the CPSC website. The effective date of this rule is July 10, 2013.

Ross Stores Agrees to $3.9 Million Civil Penalty, Internal Compliance Improvements for Failure to Report Drawstrings in Children’s Upper Outerwear

June 21, 2013/in CPSC, News/by BillJ

Release Date: June 21, 2013

Release Number: 13-224

WASHINGTON, D.C.-The U.S. Consumer Product Safety Commission (CPSC)

announced today that Ross Stores Inc., of Pleasanton, Calif., has agreed to

pay a $3.9 million civil penalty. The penalty agreement has been accepted

provisionally by the Commission in a 3-0 vote.

The settlement resolves CPSC staff’s charges that from January 2009 to

February 2012, Ross knowingly failed to report to CPSC immediately, as

required by federal law, that it sold or held for sale, about 23,000

children’s upper outerwear garments with drawstrings at the neck or waist.

In February 1996, CPSC issued guidelines (which were incorporated into a

consensus industry voluntary standard in 1997) to help prevent children from

strangling or getting entangled on neck and waist drawstrings in upper

garments, such as sweatshirts and jackets.

In May 2006, the Commission posted a letter on its website which stated that

staff considered children’s upper outerwear with drawstrings at the hood or

neck to be defective and present a substantial risk of injury to young

children. In July 2011, based on the 1996 CPSC guidelines and the 1997

voluntary standard, CPSC issued a final rule which designates the hazards

presented by drawstrings in children’s upper outerwear as substantial

product hazards.

Ross’s distribution of some children’s garments occurred during the same

period of time as CPSC’s investigation and negotiation of a 2009 civil

penalty. The $500,000 penalty that Ross paid in 2009 was to settle staff

charges that it failed to report four series of children’s upper outerwear

drawstring garments distributed between 2006 and 2008. Ross’s distribution

of the other garments in this matter occurred either partially or entirely

after the effective date of CPSC’s Final Rule. There have been no reported

injuries associated with the recalled garments.

In addition to paying a monetary penalty, Ross has agreed to implement and

maintain a compliance program designed to ensure compliance with the

reporting requirements of Section 15(b) of the Consumer Product Safety Act

and the Final Rule. Ross also agreed to enhance its existing compliance

policies by ensuring that its ongoing program contains written standards and

policies, a mechanism for confidential employee reporting of

compliance-related questions or concerns, and appropriate communication of

company compliance policies to all employees through training programs. Ross

has designed and implemented a system of internal controls and procedures to

ensure that the firm’s reporting to the Commission is timely, truthful,

complete, accurate, and in accordance with applicable law. The company will

also take steps to ensure that prompt disclosure is made to management of

any significant deficiencies or material weaknesses in the design or

operation of such internal controls.

The Commission, in cooperation with Ross and/or other firms that

manufactured, imported, or distributed the Garments, announced recalls of

the garments listed below between March 2010 and May 2012:

Manufacturer/Importer/Distributor/Retailer

Children’s Apparel Network, Ltd. Girls’ hooded sweater with neck

drawstrings

Byer California Girls’ cargo pocket jacket with neck and waist drawstrings

Puma North America Inc. Youth training jacket with waist drawstrings

LA Fashion Hub Inc. Girls’ winter jacket with neck drawstrings

Umbro Boy’s jacket with waist drawstrings

Hot Chocolate Boy’s jogging suit with waist drawstrings

Bonded Apparel Boy’s Hooded jacket with neck drawstrings

Me Jane Louise Paris Ltd Girl’s fur hood bubble fleece with waist

drawstrings and Fur hooded bubble jacket with waist drawstrings

LANY Group LLC Girls’ terry hooded sweatshirt with neck drawstrings

YMI Jeanswear Girls’ hooded sweatshirt with neck drawstrings

Federal law requires manufacturers, distributors, and retailers to report to

CPSC immediately (within 24 hours) after obtaining information reasonably

supporting the conclusion that a product contains a defect which could

create a substantial product hazard, creates an unreasonable risk of serious

injury or death, or fails to comply with any consumer product safety rule or

any other rule, regulation, standard, or ban enforced by CPSC.

In agreeing to the settlement, Ross denies staff charges that it knowingly

failed to inform the Commission about the garments, as required by CPSA

§15(b).

*****************************************************

Statement of Chairman Inez M. Tenenbaum on the Commission Decision to

Approve Provisionally a Civil Penalty Settlement with Ross Stores, Inc.

June 21, 2013

On June 19, 2013, the U.S. Consumer Product Safety Commission (CPSC or the

Commission) provisionally approved a civil penalty settlement with retailer

Ross Stores, Inc., to resolve CPSC staff allegations that Ross committed

prohibited acts by failing to inform the Commission of Ross’s continued sale

of children’s garments with drawstrings, which pose a substantial risk of

injury to children due to the risk of entanglement and strangulation. The

settlement requires Ross to pay a monetary penalty of $3.9 million and, just

as important, to take meaningful measures to reduce the risk of future

noncompliance through implementation of significantly enhanced compliance

procedures and internal controls. After a review of the specific facts

presented in this case and a careful consideration of the civil penalty

factors, I voted to approve the settlement.

During my tenure as Chairman of the CPSC, my colleague Commissioner Robert

S. Adler and I have written together and separately regarding the need for

civil penalties to truly serve the policy objectives of deterring violations

and promoting compliance with the law, particularly in light of the

increased penalty amounts Congress authorized in the Consumer Product Safety

Improvement Act of 2008. This settlement reflects the goals and importance

of our enhanced authorities, and I commend the CPSC staff for this result.

This settlement is also a reminder to the regulated community that the

Commission will use every tool at its disposal to keep consumers and their

families safe from unreasonable risks of injury.

Ross is a repeat violator. In 2009, it paid a civil penalty of $500,000 for

violating the same law, Section 15 of the Consumer Product Safety Act

(CPSA). Neither the fine nor the supposed remedial measures Ross

implemented on its own initiative following that settlement was sufficient

to prevent the continued sale of defective garments. Vendors who were

contractually obligated to provide compliant products continuously failed to

do so; internal policies prohibiting the purchase, inventory, and sale of

garments with drawstrings were equally ineffective. Regardless of what

Ross’s management may have wanted to believe about the effectiveness of

their policies, they clearly did not work. Moreover, the fact that Ross did

not design, manufacture, or import the garments did not relieve it of the

obligation to ensure that they comply with all applicable safety statutes

and regulations.

As part of this settlement, Ross has agreed to maintain a vastly improved

compliance program designed to prevent the sale of garments with drawstrings

and to ensure timely reporting, if necessary, under Section 15 of the CPSA.

This compliance program, similar to others the Commission has begun to

require as a warranted condition of settlement, includes the following key

elements: (i) written standards and policies, (ii) whistle-blower

protections, (iii) compliance training programs, (iv) management oversight

of compliance, and (v) five-year record retention requirements.

This case clearly demonstrates that policies cannot exist solely on paper;

individuals must be charged with and held accountable for carrying them out.

It is my hope and expectation that the message we are sending with the

substantial fine and the compliance requirements in this agreement will

increase the likelihood that Ross-and other firms-will not only make the

right decision next time they are confronted with whether to report a safety

issue, but also-and more importantly for consumer safety-will take all

necessary steps to ensure they produce and market only compliant products,

thus obviating the need for any reporting at all.

Obama Nominates former U.S. Rep. Ann Marie Buerkle as CPSC Commissioner

May 26, 2013/in CPSC/by BillJ

Obama Nominates Buerkle as CPSC Commissioner

By Bill Jacoby

The White House announced Thursday afternoon that President Barack Obama has nominated former U.S. Rep. Ann Marie Buerkle to serve on the Consumer Product Safety Commission.

Ann Marie Buerkle is President Barack Obama’s newest nomination to sit on CPSC. A Republican, she is a former New York congresswoman who lost her seat in 2012. She was a a member of the House Tea Party Caucus and the Republican Study Committee. She sat on various subcommittees of the Foreign Affairs, Oversight and Government Reform, and Veterans Affairs committees. In 2011, Obama named her as a representative to the 66th UN General Assembly but she lost her reelection bid in 2012.

Prior to serving in Congress, she was an assistant attorney general for New York State from 1997 to 2009 and was in private practice from 1994 to 1997. She previously worked as a registered nurse. She has degrees from the St. Joseph’s Hospital School of Nursing (1972), Le Moyne College (1977), and Syracuse University College of Law (1994).

Commissioner Nancy Nord is serving her extra year and leaves in October. Last year, Obama nominated Marietta Robinson, a Democrat, to fill Thomas Moore’s former seat with a term until 2017. Robinson received her Senate hearing a year ago and still awaits a confirmation vote. Speculation is that the Senate has been waiting to vote on a Republican and Democrat together.

Buerkle said one of her main tasks as a commissioner will be to uphold the federal Consumer Product Safety Act and to establish standards for products.

“What happens is if there’s a faulty product out there or someone has a complaint, they reach out to the commission,” she said. “So really it’s about consumer product safety and us upholding the law. The commission upholds the law and makes determinations about standards for products produced by manufacturers.”

Before serving on the commission, Buerkle must be confirmed by the U.S. Senate. If confirmed, she will serve out the remaining time on a seven-year term vacated by Anne Northup that expires in 2018.

Administrative Law Judge Issues Ruling in CPSC’s Attempt To Hold Magnet Manufacturer CEO Personally Liable

May 13, 2013/in CPSC/by BillJ

Tied to the recall of rare earth magnets, the CPSC was also seeking to have those products declared substantial product hazards and the CEO of one of those companies personally liable for conducting a recall. The Administrative Law Judge in this case has not issued his ruling that will impact corporate officers/owners of all children’s product manufacturers.

The liability of the CEO was based on the “responsible corporate officer doctrine” which was in turn based on U.S. Supreme Court decisions in United States v. Dotterweich, 320 U.S. 277 (1943) and United States v. Park, 421 U.S. 658 (1975). The administrative law judge held that the doctrine applied to violations of section 15 of the Consumer Product Safety Act. He further stated that the compliant was held sufficient facts to hold the CEO liable because it alleged that the CEO “is responsible for ensuring [the company’s] compliance with the CPSA.”

While written in broad language and not limited to the facts of the case, this ruling may have a profound effect on children’s products manufacturers. The CPSC will be able to threaten a variety of corporate officers from CEO’s/Owners to compliance officers, with personal liability for violations of the Consumer Product Safety Act.

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CPSC Approves Proposed Rule Aimed at Making Strollers Safer

May 11, 2013/in CPSC/by BillJ

CPSC Approves Proposed Rule Aimed at Making Strollers Safer

By U.S. Consumer Product Safety Commission

Published: Friday, May. 10, 2013 – 10:39 am

WASHINGTON, May 10, 2013 — /PRNewswire-USNewswire/ — To help prevent further deaths and injuries to young children, the U.S. Consumer Product Safety Commission (CPSC) voted today to approve a notice of proposed rulemaking (NPR) to create a federal safety standard for strollers. The Commission voted unanimously (3-0) to approve publication of the NPR in the Federal Register.

The proposed stroller standard incorporates the published voluntary ASTM F833-13 standard,Standard Consumer Safety Specification for Carriages and Strollers, with one modification. The modification would require the addition of language in the standard to address scissoring, shearing, and pinching hazards associated with folding or foldable strollers.

CPSC staff reviewed more than 1,200 stroller-related incidents, including four fatalities and nearly 360 injuries that occurred from 2008 through 2012. Staff believes that the published standard, with the proposed addition in the NPR, will help to reduce the risks associated with the majority of the hazard patterns identified in reviewing the stroller incidents.

Hazard patterns found in strollers include:

wheel breakage and detachment;
parking brake and lock mechanism failures;
hinge issues;
structural integrity issues;
entrapment;
car seat attachment;
canopy issues; and
handlebar failures.

Reported injuries include:

finger amputations on folding hinges and canopy hinges;
falls due to wheel detachment or parking brake issues;
injuries due to stroller collapse;
head entrapment in openings of travel systems; and
falls due to a child unbuckling the restraint harnesses.

The proposed rule would also help address finger injuries associated with the folding hinges on folding or foldable strollers. Various stroller types, such as travel systems, carriages, tandem, side-by-side, multi-occupant, and jogging strollers would be covered by the standard.

Staff recommends that the mandatory standard for strollers become effective 18 months following publication of the final rule in the Federal Register.

The proposed rule has a 75-day public comment period. Comments will be able to be posted directly on Regulations.gov.

The Commission is required under The Danny Keysar Child Product Safety Notification Act, Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to issue consumer product safety standards for durable infant or toddler products. To date, the Commission has approved more stringent federal safety standards for full-size cribs, non-full-size cribs, play yards, baby walkers, baby bath seats, and children’s portable bed rails.

Media Contact Please use the phone numbers below for all media requests. Phone: (301) 504-7908 Spanish: (301) 504-7800

Read more here: http://www.sacbee.com/2013/05/10/5410942/cpsc-approves-proposed-rule-aimed.html#storylink=cpy