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Washington, D.C. - More independent testing for lead, stricter lead standards and greater resources for inspectors are all part of a major overhaul of consumer product safety regulations included in H.R. 4040, the Consumer Product Safety Modernization Act, which passed today in the U.S. House of Representatives by a vote of 407-0.
Congresswoman Melissa Bean (IL-08) cosponsored the legislation and helped introduce many of the provisions in a previous bill. Bean said the legislation is vital in wake of this year’s surge of recalled toys and children’s products.
“As the holiday season is upon us, we moms are earnestly trying to complete our gift purchases in time,” said Bean, a mother of two. “This bill aligns with the priorities of parents in my district, ensuring that future holiday seasons won’t be overshadowed by product safety concerns.”
H.R. 4040 includes several provisions that originated in an earlier bill that Congresswoman Bean helped introduce: H.R. 3903, the Kids Toy Safety Act. Her parent-friendly provisions include:
• Third-Party testing of children’s products: The bill mandates pre-market testing of many children’s products for lead and other hazards by certified laboratories.
• Tracking labels to aid recalls: The bill requires manufacturers to place distinguishing marks on products and packaging of children’s products to aid in recall of children’s products.
• Improved public notice: The bill improves public notice about recalls by disseminating recall information through the Internet, radio and television.
In addition, the bill includes broad provisions designed to protect American families in the new global marketplace:
• Tougher lead standards: The bill bans lead beyond a minute amount in products intended for children under 12. Once fully phased in, the bill would lower the standard from 600 parts per million in total weight to 100 parts per million or trace amounts. It also mandates that the Consumer Product Safety Commission (CPSC) periodically review and revise this standard to require the lowest amount of lead that science and technology makes feasible to achieve.
• Strengthens the Consumer Product Safety Commission: The bill creates a new power for CPSC to immediately share information about dangerous products with the public and ensures State public health agencies are kept informed.
• Provides CPSC with more resources: The bill significantly increases CPSC resources to hire additional staff and for laboratory renovations, including $20 million to modernize the testing lab. The bill allots $80 million in additional operational funding for FY2009, $90 million for FY2010 and $100 million for FY2011.
• Review of all standards on magnets: The bill also requires the CPSC to examine the current voluntary safety standards for toys, starting with dangerous magnets, and if these standards are found to be inadequate, mandatory standards must be adopted.
• Prohibits the sale of recalled products: The bill prohibits the domestic sale or export of products that violate U.S. consumer product safety rules, are subject to mandatory or voluntary recalls, are designated an imminent hazard to public health and safety, or are designated as a banned hazardous substance.
• Strengthens Enforcement Against Bad Actors: The bill increases the cap on civil penalties from $1.8 million to $10 million per person.
“The percentage of toys imported from China has more than doubled over the last 30 years,” Bean said. “Over the same time, the number of employees at the Consumer Product Safety Commission has been cut in half. This defies common sense and must be addressed.”
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