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Convergence of Regulatory Requirements

Convergence of Regulatory Requirements . David H. Baker General Counsel U.S. Lighter Association ICPHSO – 4 th European Meeting November 18, 2008 Brussels, Belgium. Is Lighter Regulation a Model for Convergence? . l. General Safety Regulation

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Convergence of Regulatory Requirements

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  1. Convergence of Regulatory Requirements David H. Baker General Counsel U.S. Lighter Association ICPHSO – 4th European Meeting November 18, 2008 Brussels, Belgium

  2. Is Lighter Regulation a Model for Convergence? l • General Safety Regulation • ASTM F400-75, Safety Specification for Lighters, adopted as voluntary standard in US in 1975. • Adopted as law by Canada in 1989. SOR/89-514, P.C. 1989-2151. • Adopted as law by Mexico in 1994. NOM-090-SCFI-1994.

  3. General Safety Regulation (continued) • ASTM Standard Requires: • Elevated temperature/bake test to determine if lighter leaks gas. • Volumetric fill test to determine if lighter is overfilled. • Drop test for durability, safety. • Flame height test for user safety.

  4. General Safety Regulation (continued) • Rulemaking to make ASTM F400 a mandatory standard initiated before U.S. Consumer Product Safety Commission in November 2001. • Advance Notice of Proposed Rulemaking issued in April 2005. • Stalemate at agency. • Attempt to “rely” on voluntary standard is unsuccessful

  5. General Safety Regulation(continued) • Language in House Report to Consumer Product Safety Improvements Act (CPSIA), H.R. 4040, directing CPSC to issue final rule in rulemaking. H. Rep. 110-501 • Provision in S. 2663, Senate version of CPSIA, directing that lighter safety regulations be issued within 24 months of enactment of CPSIA. Section 33 of S. 2663.

  6. General Safety Regulation (continued) • ISO 9994-1995 established in ISO TC 61/WG 1. • Entitled: Lighters – Safety Specification. • Virtually identical to ASTM F400. • Applicable in approximately 157 member countries. • Mandatory in many countries; voluntary in some.

  7. General Safety Regulation (continued) • ISO 9994:2002 adopted by European Union in 2004 by publication in Official Journal of the European Community. 2004/C 100/04. • ISO 9994:2005 adopted by European Union in 2006. 2006/C 171/04.

  8. Child Resistancy Regulation • CPSC Mandatory Standard for Child Resistancy of Cigarette Lighters. • 16 CFR Part 1210 (1993) • Effective July 12,1994. • Adopted in Canada in 1995. • Adopted in Australia in 1997. • Adopted in New Zealand in 1998.

  9. Child Resistany Regulation (continued) • Similar requirement adopted in European Union in 2006. • EU Directive 2006/502/EC. • Effective March 11, 2008. • Transposed into law in many member states.

  10. Novelty Lighter Regulation • CPSC adopted child resistancy regulation for novelty lighters. • 16 CFR Part 1210.2(d) • Effective July 12, 1994. • Very broad definition.

  11. Novelty Lighter Regulation (continued) • EU Directive Banning Novelty Lighters – May 11, 2006 • Directive 2006/502/EC • Effective March 11, 2007. • Novelty Lighter Definition from EN 13869:2002

  12. Novelty Lighter Regulation (continued) • Defined as “…flame-producing product…that resembles by any means to another object commonly recognised as appealing to or intended for use by children • Purposely excludes lighters that are only “printed or decorated with logos, labels, decal artwork or heat shrinkable sleeves.”

  13. Novelty Lighter Regulation (continued) • State bills introduced in U.S. banning novelty lighters. • Laws passed in Maine (LD 2081, Item 1)) and Tennessee (H.B. No. 3107) • Laws ban lighters that are toylike. • Again purposely does not include lighters with artwork.

  14. Novelty Lighter Regulation(continued) • U.S. Federal Legislative Proposals to ban novelty lighters. • S. 3375 introduced by Senators Wyden, Dodd and Collins on July 31, 2008 • H.R. 6488 introduced by Congresswoman Hooley on July 14, 2008.

  15. Novelty Lighter Regulation(continued) • Senate bill more likely vehicle. • Has more support; Also Ms. Hooley retires this session. • Defines novelty lighters as “…device…that has a toy-like appearance…” or “…takes toy-like physical forms…” Section 3 of S. 3375. • Excludes lighters with artwork.

  16. Conclusions • Convergence on general safety regulation, in most countries, except the United States. • Convergence on child resistancy regulation (started in US). • Convergence on banning novelty lighters in EU (US currently only requires child resistancy for novelty lighters).

  17. Questions CONTACT: David H. Baker General Counsel Lighter Association, Inc. 1701 Pennsylvania Avenue, N.W. Suite 300 Washington, D.C. 20006 info@lighterassociation.org 202 253 4347 tel 202 330 5092 fax

  18. Bio of David H. Baker • President, Law Offices of David H. Baker, LLC, Washington, D.C. • Previously, Partner and Member of Executive Committee, Thompson Hine LLP, Washington, D.C. • J.D. George Washington University Law School (1979) • Member, Journal Of International Law and Economics • Visiting Student, Institute d’Etudes Politiques (1974-55) • B.A. Hamilton College (1976) with Honors in French and History. • General Counsel to Lighter Association, Inc. since 1986. • Also represents six other U.S. based trade associations with matters before the CPSC. • Currently serves as ICPHSO President and as Co-Chair of the American Bar Association Consumer Products Regulation Committee.

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