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Consumer Product Safety Consumer Product Safety CommissionCommission

Consumer Product Safety Consumer Product Safety Commission Commission

• Consumer Prod. Consumer Prod. Safety ActSafety Act

• Federal Hazardous Federal Hazardous Substances ActSubstances Act

• Poison Prevention Poison Prevention Packaging ActPackaging Act

• Flammable ActFlammable Act

• Reporting Reporting RequirementsRequirements

• Refrigerator ActRefrigerator Act

• ExerciseExercise

Consumer Product Safety Consumer Product Safety CommissionCommission

• Purpose of CPSC Purpose of CPSC – The CPSC is an independent Federal regulatory The CPSC is an independent Federal regulatory

agency that helps keep American families safe by agency that helps keep American families safe by reducing thereducing the

risk of injury or death from consumer products.risk of injury or death from consumer products.

Purposes of the commission Purposes of the commission under the CSPA are:under the CSPA are:

• To protect the public against unreasonable risks of injury To protect the public against unreasonable risks of injury associated with consumer products.associated with consumer products.

• To assist consumers in evaluating the comparative To assist consumers in evaluating the comparative safety of consumer products.safety of consumer products.

• To develop uniform safety standards for consumer To develop uniform safety standards for consumer products and to minimize conflicting State and local products and to minimize conflicting State and local regulations.regulations.

• To promote research and investigation into the causes To promote research and investigation into the causes and prevention of product- related deaths, illnesses, and and prevention of product- related deaths, illnesses, and injuries.injuries.

• They do all these by:They do all these by:

continuecontinue

• Developing voluntary Developing voluntary standards with standards with industryindustry

• Obtaining the recall Obtaining the recall of products or of products or arranging for their arranging for their repairrepair

• Conducting research Conducting research on potential product on potential product hazardshazards

• Issuing and enforcing Issuing and enforcing mandatory mandatory standards; banning standards; banning consumer products if consumer products if no feasible standard no feasible standard would adequately would adequately protect the publicprotect the public

Definition(Consumer Definition(Consumer Product Safety Act)Product Safety Act)

The CPSA, enacted in 1972, is CPSC's umbrella The CPSA, enacted in 1972, is CPSC's umbrella statute. It established the agency, defines its basic statute. It established the agency, defines its basic authority, and provides that when the CPSC finds an authority, and provides that when the CPSC finds an unreasonable risk of injury associated with a unreasonable risk of injury associated with a consumer product it can develop a standard to reduce consumer product it can develop a standard to reduce or eliminate the risk. The CPSA also provides the or eliminate the risk. The CPSA also provides the authority to ban a product if there is no feasible authority to ban a product if there is no feasible standard, and it gives CPSC authority to pursue recalls standard, and it gives CPSC authority to pursue recalls for products that present a substantial product for products that present a substantial product hazardhazard

Federal Hazardous Federal Hazardous Substances ActSubstances Act

• DefinitionDefinition• PenaltiesPenalties

Definition (FHSA)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)Penalties (FHSA)

Any person who violates any of Any person who violates any of the provisions shall be the provisions shall be guilty of a misdemeanor guilty of a misdemeanor and shall on conviction and shall on conviction thereof be subject to a fine thereof be subject to a fine of not more than $500 or of not more than $500 or to imprisonment for not to imprisonment for not more than ninety days, or more than ninety days, or both.both.

• Organizations -- Not more Organizations -- Not more than $10,000. than $10,000.

• Individuals -- Not more than Individuals -- Not more than $5,000.$5,000.

• Offenses committed with intent Offenses committed with intent to defraud or mislead or for to defraud or mislead or for second and subsequent offenses, second and subsequent offenses, the penalty shall be the penalty shall be imprisonment for not more than imprisonment for not more than one year, or a fine of not more one year, or a fine of not more than $3,000, or both such than $3,000, or both such imprisonment and fine.imprisonment and fine.

OrganizationsOrganizations:: Not more than Not more than $200,000 if the offense does $200,000 if the offense does not result in death. Not more not result in death. Not more than $500,000 if the offense than $500,000 if the offense results in death.results in death.

Individuals: Not more than Individuals: Not more than $100,000 if the offense does $100,000 if the offense does not result in death. Not more not result in death. Not more than $250,000 if the offense than $250,000 if the offense results in death. results in death.

Poison Prevention Packaging ActPoison Prevention Packaging Act

What is it?What is it?

PPPA definitionPPPA 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)Flammable Fabrics Act (FFA)

• DefinitionDefinition• Penalties Penalties

Definition FFADefinition 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 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.Penalties cont.

• Organizations:Organizations: Not more than $200,000 if the offense does Not more than $200,000 if the offense does not result in death. Not more than $500,000 if the offense not result in death. Not more than $500,000 if the offense results in death.results in death.

• IndividualsIndividuals: : Not more than $100,000 if the offense does not Not more than $100,000 if the offense does not result in death. Not more than $250,000 if the offense results result in death. Not more than $250,000 if the offense results in death.in death.

Refrigerator Safety ActRefrigerator Safety Act

• What is it?What is it?

• PenaltiesPenalties

What is it?What is it?

The Refrigerator Safety Act, was enacted in The Refrigerator Safety Act, was enacted in 1956. The Act's regulations which became 1956. The Act's regulations which became effective October 30, 1958 require a effective October 30, 1958 require a mechanism (usually a magnetic latch) which mechanism (usually a magnetic latch) which enables the door to be opened from the inside enables the door to be opened from the inside in the event of accidental entrapment.in the event of accidental entrapment.

PenaltiesPenalties

• Any person who violates this Act shall be guilty of a Any person who violates this Act shall be guilty of a misdemeanor and shall, upon conviction thereof, be misdemeanor and shall, upon conviction thereof, be subject to imprisonment for not more than one year, or a subject to imprisonment for not more than one year, or a fine of not more than $1,000, or both.fine of not more than $1,000, or both.

• OrganizationsOrganizations: : Not more than $200,000 if the offense Not more than $200,000 if the offense does not result in death. Not more than $500,000 if the does not result in death. Not more than $500,000 if the offense results in death.offense results in death.

• IndividualsIndividuals: : Not more than $100,000 if the offense Not more than $100,000 if the offense does not result in death. Not more than $250,000 if the does not result in death. Not more than $250,000 if the offense results in deathoffense results in death

Reporting RequirementsReporting Requirements

• For most firms, there are two For most firms, there are two reporting requirements:reporting requirements:– Dangerous productsDangerous products– Lawsuits Lawsuits

Dangerous productsDangerous products

• Manufacturers, importers, distributors, and Manufacturers, importers, distributors, and retailers are required to report to CPSC within retailers are required to report to CPSC within 24 hrs. of getting information that a product 24 hrs. of getting information that a product does not comply with a safety rule, or contains does not comply with a safety rule, or contains a defect with could create a substantial risk of a defect with could create a substantial risk of injury to the public or present a risk of serious injury to the public or present a risk of serious injury or death.injury or death.

Lawsuits Lawsuits

• Manufacturers of a consumer product are also Manufacturers of a consumer product are also required to report information about settled or required to report information about settled or adjudicated lawsuits to CPSC under section adjudicated lawsuits to CPSC under section 38(b) of the CPSA.38(b) of the CPSA.

Exercise 1Exercise 1

• Which of the following is cover Which of the following is cover under the jurisdiction of the CPSC?under the jurisdiction of the CPSC?– A: CerealA: Cereal– B: Egg productsB: Egg products– C: Gun locksC: Gun locks– D: CosmeticsD: Cosmetics

Exercise 2Exercise 2

• True or False?True or False?The CPSC have jurisdiction on all U.S. The CPSC have jurisdiction on all U.S. manufactured products.manufactured products.

Exercise 3Exercise 3

• True or False?True or False? Dr. S. Tom Foster has been chosen to serve on the Dr. S. Tom Foster has been chosen to serve on the

Malcolm Baldrige National Quality Award committee 3 Malcolm Baldrige National Quality Award committee 3 times.times.

Summary Summary • The Consumer Product Safety Commission plays a very critical The Consumer Product Safety Commission plays a very critical

role in our society. With the passing of:role in our society. With the passing of:• The Flammable Fabrics Act to regulate the manufacturer of The Flammable Fabrics Act to regulate the manufacturer of

highly flammable clothing, such as brushed rayon sweaters highly flammable clothing, such as brushed rayon sweaters and children’s cowboy champs.and children’s cowboy champs.

• The Poison Prevention Packaging Act, which requires a number The Poison Prevention Packaging Act, which requires a number of household substances to be package in child-resistant of household substances to be package in child-resistant packaging to ensure children's safety.packaging to ensure children's safety.

• The Federal Hazardous Substances Act, which requires certain The Federal Hazardous Substances Act, which requires certain hazardous household products bear cautionary labeling to alert hazardous household products bear cautionary labeling to alert consumers of potential hazard of that product.consumers of potential hazard of that product.

• The Consumer Product Safety Act, which provide bans on The Consumer Product Safety Act, which provide bans on products that do not meet the CPSC requirements.products that do not meet the CPSC requirements.

Summary cont.Summary cont.

• The Refrigerator Safety Act, requires all refrigerator to have a The Refrigerator Safety Act, requires all refrigerator to have a magnetic latch which will enable the door to be open from the magnetic latch which will enable the door to be open from the inside in the event of accidental entrapmentinside in the event of accidental entrapment

BibliographyBibliography

• http://www.cpsc.gov/businfohttp://www.cpsc.gov/businfo/notcpsc.html/notcpsc.html

• http://www.cpsc.gov/businfohttp://www.cpsc.gov/businfo/fhsatext.html#sec5/fhsatext.html#sec5

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/fhsa.htmlbusinfo/fhsa.html

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/pppa.htmlbusinfo/pppa.html

• http://www.cpsc.gov/http://www.cpsc.gov/cpscpub/pubs/103.htmlcpscpub/pubs/103.html

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/ffa.htmlbusinfo/ffa.html

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/ffatext.html#sec7businfo/ffatext.html#sec7

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/rsa.htmlbusinfo/rsa.html

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/rsatext.htmlbusinfo/rsatext.html

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/rsa.htmlbusinfo/rsa.html

• http://www.cpsc.gov/http://www.cpsc.gov/businfo/unreg.htmlbusinfo/unreg.html