CPSC Delays Effective Date Of Substantial Product Hazard Policy

The new Section 15 policy and procedures, which appeared in the July 24 Federal Register, were scheduled to go into effect on August 25. Although the Commission was not required by law to seek public comment, the submission of written views was encouraged, and the Commission stated that all comments would be analyzed and could result in later amendments.

Both the National Association of Manufacturers and the Electronic Industries Association urged the Commission to postpone the effective date in order to allow time for full consideration of all comments before the policy goes into effect.

Existing regulations under Section 15 of the Consumer Product Safety Act require manufacturers, importers, distributors and retailers to notify the Commission within 24 hours of confirming the existence of a possible substantial product hazard or defect. The new policy and procedures outline specific steps Commission staff will take once an initial defect notification is made or a defect is suspected.

One major impact of the new policy and procedures will be to give companies only 30 days to develop voluntary corrective action programs for Commission approval.

The National Association of Manufacturers also requested that formal public hearings be held prior to implementation of the policy and procedures and that the closing date for comments be extended. The Commission denied the request but indicated that hearings could be held in the future if appropriate and that late comments would be considered by CPSC to the extent practicable.

Copies of the policy and Federal Register notices are available from the Bureau of Information and Education, U.S. Consumer Product Safety Commission, Washington, D.C., 20207.