Consumer Product Safety Commission August 2009 – Federal Register Recent Federal Regulation Documents
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Civil Penalty Factors; Withdrawal of Proposed Rule
In the Federal Register of July 12, 2006, the Consumer Product Safety Commission (``CPSC'' or ``Commission'') issued a proposed rule that would identify and explain related factors, other than those specified by statute, which the Commission may consider in evaluating the appropriateness and amount of a civil penalty under the Consumer Product Safety Act (``CPSA''). The Consumer Product Safety Improvement Act of 2008 (``CPSIA''), Public Law 110-314, 122 Stat. 3016, supersedes the proposed rule by amending the CPSA, the Federal Hazardous Substances Act (``FHSA''), and the Flammable Fabrics Act (``FFA'') to require the Commission to consider additional factors and to issue a rule providing its interpretation of all statutory factors pertaining to civil penalties. Consequently, the Commission is withdrawing the July 12, 2006 proposed rule.
Children's Products Containing Lead; Determinations Regarding Lead Content Limits on Certain Materials or Products; Final Rule
The Consumer Product Safety Commission (Commission) is issuing a final rule on determinations that certain materials do not exceed the lead content limits specified under section 101(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA).
Notice of Availability of a Statement of Policy: Interpretation and Enforcement of Section 103(a) of the Consumer Product Safety Improvement Act
The Consumer Product Safety Commission (``Commission'') is announcing the availability of a document titled, ``Statement of Policy: Interpretation and Enforcement of Section 103(a) of the Consumer Product Safety Improvement Act'' (``Statement of Policy''). Section 103(a) of the Consumer Product Safety Improvement Act (``CPSIA'') requires manufacturers of children's products to mark their products so that certain identifying information is ascertainable by the manufacturer and the consumer. The Statement of Policy clarifies the Commission's interpretation of certain aspects of the statutory requirement and provides guidance on how the Commission intends to enforce the requirement.
Notice of Availability of a Statement of Policy: Testing of Component Parts With Respect to Section 108 of the Consumer Product Safety Improvement Act
The Consumer Product Safety Commission (``Commission'') is announcing the availability of a document titled, ``Statement of Policy: Testing of Component Parts With Respect to Section 108 of the Consumer Product Safety Improvement Act'' (``Statement of Policy''). Section 108 of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'') prohibits the sale of certain products containing specified phthalates. The Statement of Policy establishes the Commission's position with respect to testing products to determine whether they contain phthalates in excess of the statutory limits.
Audit Requirements for Third Party Conformity Assessment Bodies
The Consumer Product Safety Commission (``CPSC'' or ``Commission'') is proposing to issue regulations establishing requirements for the periodic audit of third party conformity assessment bodies as a condition for their continuing accreditation. The proposed rule would implement section 14(d) of the Consumer Product Safety Act (``CPSA''), as amended by section 102(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'').
Ross Stores, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally accepted Settlement Agreement with Ross Stores, Inc., containing a civil penalty of $500,000.00.
Commission Agenda, Priorities and Strategic Plan; Notice of Hearing
The Consumer Product Safety Commission (Commission) will conduct a public hearing to receive views from all interested parties about its agenda and priorities for Commission attention during fiscal year 2011, which begins October 1, 2010, and about its current strategic plan. Participation by members of the public is invited. Written comments and oral presentations concerning the Commission's agenda and priorities for fiscal year 2011 and the strategic plan will become part of the public record.
Children's Products Containing Lead; Interpretative Rule on Inaccessible Component Parts
The Consumer Product Safety Commission (``Commission'') is issuing a final rule providing guidance as to what product components or classes of components will be considered to be ``inaccessible.'' Section 101(b)(2)(A) of the Consumer Product Safety Improvement Act (``CPSIA'') provides that the lead limits shall not apply to any component part of a children's product that is not accessible to a child through normal and reasonably foreseeable use and abuse. Section 101(b)(2)(B) of the CPSIA requires the Commission to issue, by August 14, 2009, a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible. This final rule satisfies the Commission's statutory obligation.
Raymond Geddes & Co., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Raymond Geddes & Co., containing a civil penalty of $40,000.00.
Downeast Concepts, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Downeast Concepts, Inc., containing a civil penalty of $30,000.00.
Family Dollar Stores, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Family Dollar Stores, Inc., containing a civil penalty of $75,000.00.
Michaels Stores, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Michaels Stores, Inc., containing a civil penalty of $45,000.00.
Hobby Lobby Stores, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Hobby Lobby Stores, Inc., containing a civil penalty of $50,000.00.
First Learning Company Limited, Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with First Learning Company Limited, containing a civil penalty of $50,000.00.
A&A Global Industries, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with A&A Global Industries, Inc., containing a civil penalty of $40,000.00.
Cardinal Distributing Company, Inc., Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally accepted Settlement Agreement with Cardinal Distributing Company, Inc., containing a civil penalty of $100,000.00.
Dollar General Corporation, Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally-accepted Settlement Agreement with Dollar General Corporation, containing a civil penalty of $100,000.00.
Haier America Trading, LLC, Provisional Acceptance of a Settlement Agreement and Order
It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 1118.20(e). Published below is a provisionally accepted Settlement Agreement with Haier America Trading, LLC, containing a civil penalty of $587,500.00.
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