Total Recall: The Need For CPSC Reform Now July 2008 Page 4 # Recalls through third quarter 0 50 100 150 200 250 300 350 400 450 FY2004 FY2005 FY2006 FY2007 FY2008 Source CPSC Data Recalls are a solution of last resort. Once products are in consumers’ homes, few consumers hear about the recall or are able to take the products out of their homes. The better solution is to ensure that products are safe before they reach our stores and our shores. Section 2 addresses just how to achieve this better solution. Section 2: Test Toys For All Relevant Hazards Currently, toys and other children’s products on U.S. shelves are not subject to pre-market testing requirements. Toys are not tested by the government, and while manufacturers are supposed to comply with existing safety standards, there is no requirement that these products are subject to tests for compliance. A centerpiece of the CPSC Reform Act is its provision requiring independent third party testing and certification of imported toys and children’s products. The new third party testing regime only applies, however, to toys subject to mandatory CPSC rules and standards. There are currently very few existing mandatory CPSC toy rules and standards. Many toy hazards are subject only to a voluntary industry standard known as ASTM F-963. The CPSC itself has not adopted a new mandatory toy standard in almost a decade. Consequently, many unsafe products end up in children’s hands. While both the House and Senate have already agreed on provisions that make voluntary industry standards for infant and toddler durable products such as cribs, high chairs and strollers into mandatory enforceable standards, there has not yet been agreement about adding the ASTM F-963 toy standard into the final conference report. The ASTM standard is based upon documented incident data and targets emerging hazards as well as those already established. ASTM works with manufacturers, testing laboratories, safety consultants and consumers; it only establishes standards of toy safety measures, it does not otherwise regulate product design. The ASTM F-963 standards were created to strengthen children’s products and reduce the number of dangerous toys on the market, thereby providing consumers the safety in children’s products that they expect and deserve. The following chart (next page) lists this year’s recalls that violated ASTM F-963 but will not be subject to independent third party testing unless the voluntary ASTM standard is made a mandatory one.