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Consumer Product Safety in the United States Who is Responsible?. Richard O’Brien Director, CPSC Office of International Programs and Intergovernmental Affairs. This presentation has not been reviewed or approved by the Commission and may not reflect its views.
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Consumer Product Safety in the United StatesWho is Responsible? Richard O’Brien Director, CPSC Office of International Programs and Intergovernmental Affairs This presentation has not been reviewed or approved by the Commission and may not reflect its views
U.S. Consumer Product Safety Commission (CPSC) • An independent federal agency • Established May 1973 • Responsible for Consumer Product Safety functions of the Federal Government • Three Commissioners, appointed by the President and confirmed by the Senate
Jurisdiction over 15,000 Types of Consumer Products “. . . any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise…”2 2Section 3(a)(1) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(1)
Not Within CPSC Jurisdiction “… any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer…”3 • Alcoholic beverages, tobacco, firearms and explosives (BATFE) • Motor vehicles and equipment (NHTSA) • Pesticides (EPA) • Aircraft (FAA) • Boats (Coast Guard) • Food and drugs (USDA and FDA) • Occupational products (OSHA) • Fixed-site amusement park rides (State jurisdiction) 3Section 3(a)(1)(A) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(1)(A)
What does CPSC do? 1. We ensure that if safety standards should exist for consumer products, that they do exist. • Mandatory Standards (risk based) • Voluntary Standards
Administrative Procedures Act of 1947 Requires federal agencies to: Keep the public informed of their organization, procedures and rules; Provide for public participation in the rulemaking process; Establish uniform standards for the conduct of formal rulemaking and adjudication; Define the scope of judicial review.
What does CPSC do? 2. We communicate standards and other safety information to industry and other relevant actors. • Domestic audience • Foreign audience
What does CPSC do? 3. We enforce the safety standards and intervene as appropriate to eliminate safety hazards. • Recalls • Financial penalties • Not a pre-market inspection authority
What does CPSC do? 4. We look for safety hazards in the market place. • Market surveillance • Injury data analysis
What does CPSC do? 5. We educate consumers. • Provide safe use information • Change unsafe behavior
Questions? Consumer Product Safety Commission Office of International Programs Richard O’Brien, Director robrien@cpsc.gov