Consumer Product Safety Modernization Act

The Consumer Product Safety Modernization Act (H.R.4040) was a package of legislation to reform the nation's consumer safety laws. The bill was introduced following a series of safety-related incidents in 2006, including the recall of millions of toys manufactured in China, consumer groups and lawmakers began calling for greater regulation and accountability. The Consumer Product Safety Modernization Act was written to address those issues.

Current status
The House and Senate have approved a conference report on the legislation, and it has been sent to President Bush for his signature. 

Bill summary
The Consumer Product Safety Modernization Act is a bill to "to expand the size, authority, and responsibilities of the Consumer Product Safety Commission and to establish new consumer product safety standards."

The legislation includes new regulations to:


 * Mandate that children's products be tested by a third party laboratory to ensure that they meet safety standards
 * Ban children's products containing more than trace amounts of lead, defined as 0.03 percent by weight
 * Prohibit the use of some phthalates, a plastic softener, in children’s products
 * Require safety standards on all-terrain vehicles

In addition, the legislation provides for broad new powers for the CPSC and enhanced whistle-blower protections. It expands the size of the CPSC, provides more funding for enforcement, and gives state attorneys general the ability to sue on behalf of consumers:


 * Raises the Consumer Product Safety Commission's budget each year until 2015, at which time the agency's budget would be $156 million
 * Increases the number of full-time personnel employed at the Consumer Product Safety Commission to at least 500 by 2013
 * Requires the Consumer Product Safety Commission to establish a searchable database featuring reports of safety hazards presented by consumer products
 * Raises maximum civil penalties for consumer product safety violations
 * Allows state attorneys general to take civil action against parties whose violation of consumer safety standards has affected the residents of their states (Sec. 20).
 * Provides legal protection for employees who provide information relating to consumer safety standard violations to the government, testify in court about such violations, or refuse to participate in activities that they reasonably believe to be in violation of regulations enforced by the Consumer Product Safety Commission (Sec. 21).
 * Require every importer, retailer, or distributor of a product to identify the manufacturer of the product upon the request of an officer or designated employee of the Consumer Product Safety Commission

House


Senate


External resources

 * Consumer Product Safety Commission Web site

External articles

 * Aliya Sternstein, "Product Safety Law Overhaul on Track to Clear Senate After Passing House," CQ Politics, July 30, 2008
 * David Rodgers, "Product safety, higher ed bills advance," Politico, July 31, 2008
 * "ATV Makers Win While Other Manufacturers Balk at Consumer Bill," Bloomberg News, August 1, 2008