Total Recall: The Need For CPSC Reform Now July 2008 Page 2 Section 1 of the report documents the continuing rise in product recalls and why action must be taken to finalize the legislation. The remaining sections outline the critical reforms still unresolved. Section 2: Mandatory toy testing. Section 2 of the report explains the need for incorporating industry’s voluntary toy standard, known as ASTM F-963,3 as a mandatory pre-market toy testing standard. Without this provision, numerous significant toy hazards prominently highlighted in 2007 would not be subject to the new law’s anticipated centerpiece provision -- its requirement that all hazards subject to mandatory CPSC rule be subject to independent third party testing and certification. It would be an ironic and unacceptable outcome if a new CPSC reform law, which was driven by waves of toy recalls, did not expand the CPSC’s authority to protect children from dangerous toy hazards. The Senate bill includes this provision; the House bill does not. Section 3: Ban Toxic Chemicals. Section 3 of the report explains the need to ban the class of toxic chemicals known as phthalates from children’s products. California and other states have already acted. The Senate bill includes language that would ban six common phthalates, while the House bill is silent. Section 4: No More Limits On State Authority. Section 4 of the report describes why industry’s effort to prevent states from enacting additional consumer protections is unacceptable. The underlying Consumer Product Safety Act – which the reform proposals will amend --already generally establishes federal uniformity and preempts most state action. Where they have had the freedom to act, the fifty states have performed important product safety work on phthalates and other chemicals, lead and other chemicals, recalls, and other areas. The states are an important cop on the consumer safety beat. Industry continues, however, to demand more limits, including on the new, unproven third party testing requirement expected to become law. Section 5 describes how adding whistleblower protections for private and public-sector workers will also add product safety protections for American families. Last week, the conference committee met and approved one of our other remaining priority reforms. It established a public right-to-know database of potential hazards reported to the CPSC by consumers, first responders, doctors and others. Both the Food and Drug Administration (FDA) and the National Highway Traffic Safety Administration (NHTSA) have had similar databases online already. While the Consumer Product Safety Act still allows manufacturers too much control over public release of information they have provided about their products (generally, no information can be released to the public until and unless an actual recall or other remedial action is announced), the new database will aggregate information about potential hazards obtained from doctors, hospitals, firefighters and consumers themselves (but not from company reports). These incident reports will be available to the public in a searchable database. We are pleased to see the addition of this provision in the final legislation.