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March 06, 2008

Senate Passes Major CPSC Reform Act 79-13

Earlier this evening the Senate passed on a 79-13 vote (consumer vote is yea) a comprehensive version of S. 2663, the CPSC Reform Act. Here is a link to the consumer coalition news release commending the bi-partisan bill.

While a managers' amendment resolving differences and accepting some amendments without votes did tinker around the edges of the state Attorney General enforcement, lead and whistleblower protection provisions, the final bill includes all the core provisions we had going onto the floor. And, the final bill adds several provisions:

  • the Amy Klobuchar (D-MN)(D-MN) CPSC corporate travel ban, which passed unanimously;
  • the Bill Nelson (D-FL)-Olympia Snowe (R-ME)-Amy Klobuchar (D-MN) amendment adding infant durable products to the list of products subject to CPSC oversight and independent third party testing;
  • on a voice vote, Sen. Dianne Feinstein (D-CA) added a tough, non-preemptive version of a California law banning toxic phthalates in children's products.

    Once the Senate soundly defeated the DeMint (R-SC) amendment to simply substitute the narrower House bill, the air went out of the National Association of Manufacturers' attempts to weaken this important reauthorization of the CPSC. They'll patch and pump that balloon back up for the conference committee negotiations, but we'll be there, too. Here's an excerpt from our release followed by one from the Senate bi-partisan sponsors.

    Excerpt from consumer news release commending the bi-partisan bill:

    The Consumer Product Safety Reform Act, S. 2663 as passed, will do the following: increase CPSC's budget over the next seven years to $155 million; create a consumer database of product hazard information to better help consumers make informed purchasing decisions; make the industry's voluntary toy safety standards mandatory, ensuring that all toys are tested to comprehensive criteria; establish third-party, pre-market testing of children's products; increase the current limit on CPSC's civil penalties to $10 million for most violations, and cap it at $20 million for "aggravating circumstances;" give State Attorneys General tools to better protect their residents; lower lead levels in children's products; and protect CPSC staff and private-sector employees who blow the whistle on wrongdoing.

    The groups acknowledge the importance of marrying the strong reforms of the Senate bill with key provisions in the House product safety bill passed in December. In particular, the groups point to the Senate's provisions addressing the public database, State AG enforcement and whistleblower protections. The groups will urge conferees to keep these provisions, while also adopting a critical House measure that ensures product testing of more children's products by defining such products as those designed for children under 12 years of age. The Senate bill covers products designed for children under seven years of age.
    Here's an excerpt from the release from the bi-partisan lead sponsors, Senators Mark Pryor (D-AR), Daniel Inouye (D-HI), Ted Stevens (R-AK), and Susan Collins (R-ME). Sorry, no link, I can't get on the senate servers:
    "The CPSC is crippled under budget restraints, mounting imports and thousands of new products entering the marketplace. As a result, we've seen endless recalls and unnecessary deaths and injuries," Pryor said. "My legislation allows parents and the CPSC to fight back against the tide of dangerous toys and products. It provides new safety safeguards that emphasize resources, accountability, disclosure and testing -- from the factory floor to the store shelves. I appreciate the broad, bipartisan support behind this bill and will work toward swift conference action in order to produce a solid, aggressive bill for President Bush to sign."

    "I thank Senator Pryor and Senator Stevens for their leadership in negotiating this bipartisan compromise bill. S. 2663 authorizes the appropriate level of resources and provides the new authorities necessary for the agency to do the job it was created to do: protect consumers," Inouye said. "Children are dying and suffering grievous injuries because of unsafe products. This legislation directly addresses the weaknesses of our nation’s product safety system and is a good step forward in our effort to keep harmful products off of store shelves."

    "This important legislation will provide the Consumer Product Safety Commission with the tools needed to better protect American consumers," said Stevens. "The measure sends a strong message that when it comes to our children, safety comes first. I am especially pleased that the bill includes my provision to protect users of all-terrain vehicles by requiring both domestic and foreign ATV companies to comply with the same basic safety standards and sales practices."

    "Toy safety has made a giant leap forward with the Senate's approval of this bipartisan bill to strengthen the federal Consumer Product Safety Commission. This bill will help the federal government better detect and prevent threats to our children before, not after, toys reach store shelves," said Collins.

    Posted by Ed Mierzwinski at March 6, 2008 07:47 PM


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