CPSIA – ICPHSO Update on Strategic Plan Panel Discussion

Next up (after audio problems are “fixed”) is the panel discussion on the Strategic Plan. The panel includes:

• Ken Hinson, Executive Director (moderator)
• Matt Howsare, Chief of Staff to Chairman Tenenbaum
• Cheryl Falvey, General Counsel, CPSC
• Jay Howell, Director, Hazard Identification and Reduction, CPSC
• Richard O’Brien, Director, International Programs and Intergovernmental Affairs, CPSC
• DeWayne Ray, Dep. Dir., Hazard Identification and Reductions, CPSC
• Marc Schoem, Dep. Dir., Office of Compliance and Field Operations, CPSC
• Neal Cohen, Small Business Ombudsman, CPSC
• Scott Wolfson, Dir., Information and Public Affairs, CPSC

Update on rulemaking (CF): Final rules issued in 2010 – crib rule, database rule (launching on March 11), “Children’s Product” rule and the civil penalty rule. Also, the mandatory recall rule, infant walkers and bath seat rules.

Draft rules: bike standard, two 15(j) rules on substantial product hazard list (drawstrings and hair dryers), component rule, 15 Month Rule and bassinets.

Rules coming up: cadmium rule (deferred for six months), toddler beds, lead paint and HD-XRF test methods, bed rails, bunk beds, swings, bicycle rules, testing and certification rules, 15(j) rules, 100 ppm lead standard, and notice of proposed rules on play yards and another “safe sleep” initiative category.

[One thinks that after they regulate bunk beds swings, bikes and so on that all the fun will be gone from childhood, bringing to mind an effective cure for cancer (killing the patient). Well, at least kids can still play with rocks . . . . OMG, rocks have lead in them!]

JH: They intend to double the number of rules in place in 1990. [Nice! More rules, more safety!] Rule-making activity is “abating” but have a growing compliance and enforcement workload. The burden is “shifting” to the compliance team. Working with all stakeholders to make sure they are compliant. [Safety is not the word used but instead "compliant". The notion is that compliance is tantamount to safety. Anyone want to discuss this topic?]

Why did the agency take such a “collaborative” approach to the Strategic Plan? MH – The “comprehensiveness” of the collaborative process was incredible. Went through all sorts of “painstaking” efforts to interview so many people in this room. [Perhaps Matt is referring to Raachel Weintraub - who else needed to be consulted, after all?] The Strategic Plan reflects the “consensus” view of the agency’s strategy. The “collaborative” process was designed to guarantee “buy-in”. The Chairman’s focus under the Strategic Plan is the preventative portion. Spoke of Neal Cohen’s area as a focal point. [There's an insight - we small business people are the problem! Thank heavens Neal Cohen can educate up.]

MH also points to “boots on the ground” in China as another feature of the CPSC’s efforts to prevent disaster. He did not say what kind of boots those might be. Jackboots?

Tell us about small business ombudsing, Neal! NC: Start by listening. There’s a lot of confusion, and there are ways to use the work done by the CPSC “to your favor”. [Hmmm, I'd like to know more about that.] NC: I’m not a policy maker at the agency. [RW - that's the rub, ain't it?] NC: I am spreading the word about the problems within the agency. NC has his own website (www.cpsc.gov/sbo). Putting out “plain English” documents to explain the law and the rules. Three tips on compliance: (a) know your product and your supply chain, (b) proactively educate your suppliers, and (c) don’t “assume”. [This is sound advice. It doesn't protect you from anything, however. Were you to follow Neal's advice, it would count for NOTHING if you get recalled. It should but it won't.]

All kidding aside, people have nice things to say about Neal. What he can achieve remains to be seen, however. I have yet to hear about him making problems go away. Most of the problems people are dealing with are nonsense, so if he could move heaven and earth, I think I would start to hear about him going to bat and getting something done for these beleaguered little companies.

International (RO’B): No sign of harmonization efforts in Mr. O’Brien’s presentation. He is leading the effort to get other world regulators to join us in our safety mania.

Scott Wolfson’s turn – “What about consumers and how do they fit into this?” SW: Pool Safely Initiative shows what we can do if we have money to get our messages out. [How have injury statistics changed, Scott? WS: Won't know for years. . . .] Concerned about “sustainability” ($$$). We’re hitting the road to get the message out. Have built a network to get info out. Working on a new logo.

Scott did not update us on Aston Kutcher. Maybe during the Q&A . . . .

RW: This all sounds good as far as it goes. Of course, he does not discuss the impact of OTHER decisions his office makes, like communication of “hazards” like cords on baby monitors or recalls of Shrek glasses. It’s all well and good that the CPSC has a couple billboards up about pool safety, but what about the mania on lead and their communication of those hazards?

Why does the CPSC need to train manufacturers? Why is it the agency’s role? JH: There are various levels of sophistication out in the marketplace. To drive the prevention effort, need to make sure manufacturers understand the rules of the road. [RW - this is one of my original suggestions for the agency in my first speech on the CPSIA. Failures in outreach is one of the main causes of the storm behind the CPSIA.]

JH: We are focusing our efforts around priorities to increase impact and to avoid dilution.

Jay Howell usually sounds pretty sensible. It would be great if the agency sounded more reasonable more of the time. Perhaps Jay can be an agent in that process.

MS: Trying to reduce the time taken to negotiate recalls. [RW: Two-edged sword here, since the concept of due process is flying out the window with the justification that they are "saving lives".] MS: If you’re right, you’re right – just convince us. Also need to get information out to consumers quicker.

RW: This is agency policy talking, probably not Marc Schoem.

SW: We are going out on all platforms, like Twitter, news media, Facebook, blogs – multiple times. MSNBC is doing a monthly “round-up” of recalls.

There was time for only two questions from the audience. Filibuster! I got to ask one of them. Here’s my question:

“I have testified five times at the CPSC, three times at your invitation. I have repeatedly told you that your policies and the CPSIA together are killing small businesses, killing products and killing markets. Last week, the bicycle industry testified that large bike manufacturers have reduced their product lines and small companies have left the market. Given this testimony, what do you think the agency’s responsibility is to small business and how does the Strategic Plan relate to protecting the right of small business to sell children’s products?”

KH: That’s why we have had such a collaborative process in the Strategic Plan. We need to identify hose issues and figure out a solution. RW: But we’re dying now. KH: We do what we do and violative products have to come off the market.

Read more here:
CPSIA – ICPHSO Update on Strategic Plan Panel Discussion

CPSIA – It’s Election Season – What are You Doing About it?

We have suffered through two years of savage persecution by an unmoved federal government seemingly bent on our destruction. Now this Democratic Congress is coming up for reelection. What are you going to do???

In my case, I am committed to put my money where my mouth is. I am not content with mere grumbling in a blog – I am getting involved in several races and intend to raise money for candidates who will support a sharp revision of the CPSIA and rein in the expansion of our lardy and intrusive federal government. The goal is to take away the House Energy and Commerce Committee gavel from the bullying and anti-business Henry Waxman. He has proven time and again that he and his staff don’t care about our problems nor are they interested in understanding how our problems will become everyone’s problems in due course. In casting our industry overboard for a misguided legislative scheme designed by consumer groups, he picked sides. Now we get to pick sides ourselves.

Last week, we were pleased to host Joel Pollak, Republican candidate in Illinois’ 9th Congressional district (www.pollakforcongress.com) at our company. We had a spirited Q&A session that left everyone impressed with Joel’s intellect and integrity. Joel is a breath of fresh air, especially in the 9th district, lately represented by Jan Schakowsky, Vice Chair of the Subcommittee on Commerce, Trade and Consumer Protection. Ms. Schakowsky is one of the staunchest defenders of the CPSIA and through her actions, has declared herself an enemy of your companies and everything you do. We support Mr. Pollak in his effort to unseat her. More to the point, we are going to do everything in our power to help Mr. Pollak bring his issues to his constituents and put Ms. Schakowsky to the test.

You can do this, too. In your local district or statewide election, your energy and sense of purpose can be a difference-maker. Host a coffee, volunteer some time, ask the candidate to make an appearance. If you are able to raise funds for the campaign, all the better. If you are not happy with the direction of your country or your government, exercise your Constitutional rights and get involved.

We will never take the gavel away from Henry Waxman through worry, frustration or prayer. We are only going to help ourselves by working hard for candidates who understand our issues and will stand up for the free enterprise system. There is a lot at stake here – the future of your company, the jobs you provide your valued associates, the economic well-being of your customers and suppliers and their employees, not to mention the kids, the families and the schools who depend on your products and use them safely every day. All of those people are counting on you to defend them.

Don’t sit still – it’s time to act. The election is only about four months away. Election day could be a real triumph after years of dire straits and frustrations. There’s still time to fix the CPSC and this law – but we all must do our part. A new Congress is a good place to start.

I hope you will use this space with suggestions on how we can all help our chosen candidates. I will publish the best ideas in future blogposts as well as comments to individual blogs.

Read more here:
CPSIA – It’s Election Season – What are You Doing About it?

CPSIA – For You Conspiracy Theorists, A Seventh Witness Has Been Appointed

I have just been informed that the ranks of the six corporate witnesses in tomorrow’s hearing has been augmented by none other than Rachel Weintraub of the Consumer Federation of America. Perhaps she was added for her expertise on the problems we have in running our businesses under the awful CPSIA. That will be quite helpful.

Any idea how this happened? I wonder . . . .

Read more here:
CPSIA – For You Conspiracy Theorists, A Seventh Witness Has Been Appointed

CPSIA – For You Conspiracy Theorists, A Seventh Witness Has Been Appointed

I have just been informed that the ranks of the six corporate witnesses in tomorrow’s hearing has been augmented by none other than Rachel Weintraub of the Consumer Federation of America. Perhaps she was added for her expertise on the problems we have in running our businesses under the awful CPSIA. That will be quite helpful.

Any idea how this happened? I wonder . . . .

Read more here:
CPSIA – For You Conspiracy Theorists, A Seventh Witness Has Been Appointed

CPSIA – Hearing Scheduled for the Waxman Amendment!

In an amazing development, Henry Waxman has noticed up a hearing for next Thursday to go over the issues bedeviling the CPSIA. Waxman staffers had routinely dismissed any possibility of a hearing for some time now, asserting that we had all “jawboned” enough and that they had heard it all already. That’s right, already heard it all.

Hmmm, it appears someone must have disagreed with that assessment. There promises to be a bit more time for jawboning after all!

This morning’s meeting between Mr. Waxman and Mr. Barton apparently included a third participant, Rep. John Dingell. Mr. Dingell (currently the longest-serving Congressman) is the ex-Chairman of the House Committee on Energy and Commerce. He is also the original sponsor of the Consumer Product Safety Act of 1972, the act which created the CPSC 38 years ago. Mr. Dingell cares a great deal about this agency and the CPSIA, and according to my sources, stood with Mr. Barton in asking for a hearing to air out implementation and other issues under the CPSIA. This is why the mark-up was cancelled today. The agreement of the three leaders to hold this hearing means that it is likely to actually happen . . . unlike several prior proposed or scheduled hearings on the CPSIA.

The hearing is said to be for the purpose of testimony by regulated companies and trade associations about the problems under the law. This is a fabulous opportunity to Let the Sun Shine In. By going on the official record, witnesses to this debacle will make it much harder for the zealots to deny the seriousness of the CPSIA’s problems.

Some people fear that reworking the Waxman Amendment after this hearing may open the door for the return of the hated “sneaky” provisions in the original draft of the bill. While I suppose that could happen, it doesn’t strike me as likely. Those provisions caused howls of protests from many quarters and were removed. Perhaps they were tossed into the original draft to create something to give away. In any event, there is good reason for those provisions to be gone. I think it’s a risk worth bearing.

More importantly, it seems unlikely that much-needed structural repairs of our federal safety law would ever become part of the amendment in the absence of a hearing. After all, our “jawboning” didn’t do the trick. I think there was strong sentiment among influential members of the House Committee on Energy and Commerce that a fix should be done “right” and that the Waxman Amendment failed to address the fundamental issues. Their fear was that the problems wouldn’t go away in the wake of the Waxman Amendment, and therefore, the issue would end up back in committee in due course. Maybe they’ve had enough of this issue and want it fixed, once and for all.

Hey, a real fix sounds good to me. We can all look forward to a true airing of the issues in a week’s time.

Read more here:
CPSIA – Hearing Scheduled for the Waxman Amendment!

CPSIA – CPSIA Casualty of the Week January 7

The Alliance for Children’s Product Safety’s “CPSIA Casualty of the Week” highlights how the Consumer Product Safety Improvement Act (CPSIA) is disrupting the U.S. marketplace in order to draw attention to the problems faced by small businesses, public institutions, consumers and others trying to comply with senseless and often contradictory provisions of the law. These provisions do nothing to improve product safety, but are driving small businesses out of the market.

Congress and the CPSC need to address the problems with CPSIA implementation to help small businesses by restoring “common sense” to our nation’s product safety laws.

CPSIA Casualty of the Week for January 11, 2010

NEW SAFETY LAW CLEANING OUT “THE KIDS CLOSET”

Kitty Boyce worked for 18 years to build her resale shop, The Kids Closet, located in Rochester, IL, into a well-known resale shop. With its colorful signage, brightly decorated interior and whimsical whale logo, The Kids Closet built its reputation on offering customers quality second-hand children’s products at great values.

Shortly after being voted the “Number One Place to Shop Resale” by the Illinois Times, Kitty announced that because of CPSIA she was converting her store to sell predominately teen and adult clothing, home accessories and furniture, and changing its name to Remarkable Resale. The loss of revenue in her shop due to the changes in inventory forced her to lay off several employees.

“CPSIA has been devastating for us,” said Kitty. “We just decided to get rid of all the toys and furniture. It’s just not worth the risk.”

While the Consumer Product Safety Commission has temporarily stayed requirements for testing and certifying products, all resale shops still must comply with the new lead and phthalate standards. Realistically, resale shops cannot be 100 percent certain that the used items meet the new requirements.

Due to the over-reaching law, Kitty Boyce’s dedicated attempts to provide children and families with reasonably priced, gently used baby equipment, furniture and toys have been shut down. For Kitty and others, the risk of enforcement action by state attorneys general or private groups is too great. The result is that during one of the worst economies in decades, resale shops around the country are avoiding selling winter clothing for kids and other children’s products.

This winter, ask Congress how denying a perfectly safe used winter coat to a child whose parents can’t afford to buy a new one is protecting that child’s health.

For more information about Kitty Boyce, visit http://www.thekidscloset.net/closet.htm

For additional information on the Alliance for Children’s Product Safety and CPSIA, and to view previous “Casualties of the Week, visit http://www.AmendTheCPSIA.com/.

Read more here:
CPSIA – CPSIA Casualty of the Week January 7

CPSIA – CPSIA Casualty of the Week for December 4

Read more here:
CPSIA – CPSIA Casualty of the Week for December 4

CPSIA – CPSIA Casualty of the Week for November 9

The Alliance for Children’s Product Safety’s “CPSIA Casualty of the Week” highlights how the Consumer Product Safety Improvement Act (CPSIA) is disrupting the U.S. marketplace in order to draw attention to the problems faced by small businesses, public institutions, consumers and others trying to comply with senseless and often contradictory provisions of the law. These provisions do nothing to improve product safety, but are driving small businesses out of the market.

Congress and the CPSC need to address the problems with CPSIA implementation to help small businesses by restoring “common sense” to our nation’s product safety laws.

Read more here:
CPSIA – CPSIA Casualty of the Week for November 9

CPSIA – CPSIA Casualty of the Week for October 27

The Alliance for Children’s Product Safety is distributing the “CPSIA Casualty of the Week,” to highlight how the Consumer Product Safety Improvement Act (CPSIA) is disrupting the U.S. marketplace. These updates are meant to draw attention to the problems faced by small businesses, public institutions, consumers and others trying to comply with senseless and often contradictory provisions that are doing little or nothing to improve product safety.

CPSIA Casualty of the Week for October 27:

As this CPSIA Casualty of the Week illustrates, the CPSIA continues to wreak havoc in our marketplace. Congress and the CPSC need to address the problems with CPSIA implementation to help small businesses by restoring “common sense” to our nation’s product safety laws.

Read more here:
CPSIA – CPSIA Casualty of the Week for October 27