Consumer Product Safety Commission November 2011 – Federal Register Recent Federal Regulation Documents

In 1990, Congress enacted statutory amendments that provided for periodic adjustments to the maximum civil penalty amounts authorized under the Consumer Product Safety Act, the Federal Hazardous Substances Act, and the Flammable Fabrics Act. On August 14, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) increased the maximum civil penalty amounts to $100,000 for each violation and $15,000,000 for any related series of violations. The CPSIA also revised the starting date, from December 1, 1994 to December 1, 2011, on which the Commission must prescribe and publish in the Federal Register the schedule of maximum authorized penalties. As calculated in accordance with the amendments, the new amounts are $100,000 for each violation, and $15,150,000 for any related series of violations.

The Consumer Product Safety Commission (``CPSC,'' ``Commission,'' or ``we'') is issuing a final rule that establishes protocols and standards with respect to certification and continued testing for children's products. The final rule also establishes requirements for labeling of consumer products to show that the product complies with the certification requirements under section 14(a) of the Consumer Product Safety Act (``CPSA''). The final rule implements section 14(a)(2) and (i) of the CPSA, as amended by section 102(b) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA'').

The Consumer Product Safety Commission staff (``CPSC,'' ``Commission,'' or ``we'') invites public comment on opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation. Third party testing requirements apply to most children's products that are subject to a children's product safety rule. We are taking this action pursuant to section 14(i)(3)(A) of the Consumer Product Safety Act (``CPSA''), as amended by H.R. 2715, Public Law 112-28.\1\

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 Spin Master, Inc. and Spin Master, Ltd., containing a civil penalty of $1,300,000.00.