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Regulatory News: Bulletins
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U.S.: House Passes Consumer Product Safety Modernization Act (HR 4040)
(December 2007) 07B-173
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The U.S. House of Representatives has passed the Rush Bill (HR 4040), the Consumer Product Safety Modernization Act, on December 19, bringing this legislation one step closer to becoming law. The bill now returns to the Senate for their review and amendment process, and a potential vote in early 2008.
While there are differences between the Rush Bill and the Pryor Bill (S 2045) which is in the Senate, overall HR 4040 would establish stronger consumer product safety standards for children’s products, as well as reauthorize and modernize the CPSC. It addresses a range of concerns such as lead restrictions; recalls; mandatory third-party testing; tracking; record keeping; and catalog and internet advertising.
At Bureau Veritas, we are committed to keeping you up-to-date as more information becomes available. Please contact your customer service representative directly with any questions or for assistance with your quality assurance needs. |
Proposed Requirements and Next Steps
The Rush Bill (HR 4040) must now go to the Senate for review and markup against the Pryor Bill (S2045) which is currently in the Senate. The House and Senate must reconcile any differences before a bill can be forwarded to the desk of the President. Some key differences between the two bills include:
| Rush Bill - HR 4040 (passed by the House) |
Pryor Bill - S 2045 (currently in the Senate) |
| Defines children’s products as ages 12 and under |
Defines children’s products as under age 7 |
| Allows for 3rd party or proprietary labs (1st party in-house) to conduct testing |
Only allows for 3rd party laboratory testing |
| Does not identify a testing frequency |
Requires biennial testing |
| Increases civil penalties from $1.25 million to $10 million |
Increases the penalties to $100 million |
 Reduce surface coatings on children's products & furniture to 0.009 mg/cm2
Lead in paint reduced to 90 ppm |
Paint reduced from 600 to 90 ppm |
Restricts lead in any part of a children’s product:
600 ppm total, 180 days after enactment, and
300 ppm total, 2 years after enactment, and
100 ppm total, 4 years after enactment, |
Restricts total lead in any part of a children’s product
200 ppm for jewelry
400 ppm for all other products |
| No whistleblower provision |
Includes a whistleblower provision that allows for protection of the whistleblower and also allows them to receive up to 25% of any civil penalty assessed
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Additional Key Components: HR 4040 will also require:
Tracking labels on the product and packaging
Product registration cards/forms for all durable infant or toddler products
Goods sold in catalogs and on the internet to include labeling as identified
in the CPSA
The Commission to examine the effectiveness of the voluntary consumer
products safety standards for durable infant or toddler products
Additional funding to be provided over the next 3 years for the Commission
State Attorneys General to bring action on behalf of the residents of the state
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Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
Copyright © 2007 Bureau Veritas Consumer Products Services, Inc. All Rights Reserved
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