So I tried to do my part and write to my senator. I was excited when I saw that I got a response...until I read it. It pretty much ignores any arguements that I made and looks like it is a boiler plate response...probably responded to by an intern!
Thank you for contacting me regarding consumer product safety. I welcome your thoughts and comments on this issue.
Recent recalls of various consumer products, especially children’s toys, have prompted a review of how Americans are protected against faulty products. Created in 1972, the U.S. Consumer Product Safety Commission (CPSC) is the independent agency of the federal government charged with protecting Americans against the unreasonable risk of injuries associated with consumer products. The CPSC fulfills its mission by researching potential hazards associated with consumer products, banning dangerous consumer products, developing voluntary and mandatory standards, and issuing recalls of products already on the market. This agency has the authority to regulate the sale and manufacture of more than 15,000 different consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals.
To address the concerns raised by these recalls, the Senate and the House of Representatives developed separate plans to enhance the U.S. Consumer Product Safety Commission’s ability to ensure our nation’s consumer product safety. In the Senate, S. 2045, the Consumer Product Safety Commission Reform Act of 2007, was introduced by Senator Mark L. Pryor (D-AR) on September 12, 2007. H.R. 4040, the Consumer Product Safety Modernization Act, was introduced by Representative Bobby L. Rush (D-IL) on November 1, 2007.
Between March and July 2008, I worked on the bills as a member of a conference committee between the House and the Senate. At the end of July, we came to a compromise, which passed the House and Senate on July 30 and 31, respectively. The President signed the Consumer Product Safety Improvement Act of 2008 into law on August 14, 2008.
The Consumer Product Safety Improvement Act includes a five-year reauthorization of the CPSC and provides more than $620 million for the agency to implement new rules, buy new equipment, and modernize its labs. Additionally, this funding will be used to increase the CPSC personnel to at least 500 from 367, and it will place additional inspectors at ports of entry and in foreign countries to inspect manufacturing facilities.
According to the CPSC, paint and similar surface coatings of children's toys containing lead have historically been the most commonly recognized sources of lead poisoning. Currently, paint and other similar surface coatings that contain more than 600 parts per million (PPM) lead are banned by the CPSC. Under the new law, the allowable amount of lead in paint is reduced further in coming years, and the lead ban is expanded to regulate the surface of the products as well as the paint. Currently, when the CPSC orders a recall, they will not announce it publicly for 30 days to permit manufacturers an opportunity to address the concerns of the CPSC and to prevent certain proprietary information from being released. The final measure that we agreed to cuts this time period in half to 15 days, in order to allow information to reach the public more quickly.
Should a manufacturer be found guilty of violating consumer product safety laws, the bill we passed provides for an increase in the cap on civil penalties that can be levied against the manufacturer and provides expanded criminal liability. As an additional enforcement tool, the measure allows individual State Attorneys General to bring actions against manufacturers for violations of certain federal consumer product safety laws. The coordination between the state Attorneys General and the CPSC means that we will have a greatly enhanced monitoring and enforcement framework to protect the public against dangerous products, and to enforce recall orders once they are issued, by making sure that retailers are promptly removing the dangerous products from their shelves.
As a mother of two young children, I empathize with parents who are anxious to protect their kids against unsafe products. As a U.S. Senator, I must also ensure that federal laws do not go further than necessary when attempting to guarantee the safety of consumer products. I believe this bill struck a good balance between these goals, and I will continue to work to protect our children from unsafe products.
I appreciate hearing from you, and I hope that you will not hesitate to keep in touch on any issue of concern to you.
Sincerely,
Kay Bailey Hutchison
United States Senator