The rules implement the provisions of Section 7 of the Act, which provide for development of standards by outside parties, selected by the Commission, and include meaningful requirements to provide for full consumer participation at each step in the standard development process.
Under the Act, where the Commission determines that a safety standard is needed to protect the public from an unreasonable risk of injury associated with a consumer product, the Commission will publish a notice in the Federal Register inviting any person, consumer organization, government agency, association, institution, or industry to submit within 30 days either an existing standard for consideration or an offer to develop a mandatory safety standard.
By law, the Commission must accept an offer from one or more qualified individuals or groups unless it decides to use an existing standard as the basis for a mandatory standard.
If there are no qualified offerors or if the only offeror is a manufacturer, distributor or retailer of the product about to be regulated, the Commission may develop its own standard.
Congress specified that standards be developed within 150 days from first publication of the notice inviting offers in the Federal Register until the standard is submitted to the Commission. The length of time may be shortened or lengthened if the Commission deems it appropriate.
In each case, final issuance of a proposed standard is up to the Commission.
Where appropriate, the Commission may agree to contribute to the offeror's cost in developing proposed standards. Offerors, however, must request such contribution, giving detailed explanation as to why it is necessary.
The Commission, in announcing the final rules, said it will proceed immediately with notices seeking offerors to develop standards for architectural glass, swimming pool slides, power lawn mowers, extension cords and matches. Additional notices will follow in the near future.
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC’s work to ensure the safety of consumer products has contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
For lifesaving information: