110 HR 3588 IH: Family Product Safety Protection U.S. House of Representatives 2007-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3588 IN THE HOUSE OF REPRESENTATIVES September 19, 2007 Mr. King of New York introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Consumer Product Safety Act to provide the Consumer Product Safety Commission with greater authority to require recalls, mandatory routine product testing, and for other purposes.

1.

Short title

This Act may be cited as the Family Product Safety Protection Act.

2.

Commission authority relating to recalls

(a)

Commission recall authority

Section 12(a) of the Consumer Product Safety Act (15 U.S.C. 2061(a)) is amended— (1)by striking (a) and inserting (a)(1); and (2)by adding at the end the following: (2)Notwithstanding any of the disclosure requirements in section 6, the Commission may order the recall of any consumer product that the Commission determines to be an imminently hazardous consumer product, and may disclose information relating to the recall and the product to the public. . (b)

Reduced Period of Notice to Manufacturers and Private Labelers With Respect to Disclosure of Information

Section 6(b)(1) of such Act (15 U.S.C. 2055(b)(1)) is amended by striking not less than 30 day and inserting not fewer than 10 days. (c)

Establishment of Minimum Fine for Failure To Comply With Order

Section 20(a)(1) of such Act (15 U.S.C. 2069(a)(1)) is amended— (1)in the first sentence, by inserting , and in the case of a person who violates subsection (a)(5) of such section by selling at retail any product that is the subject of a recall order, such person shall be subject to a civil penalty of not less than $500 and not more than $10,000 for each such violation after for each such violation; and (2)in the third sentence, by striking of section 19(a)(3) and inserting of paragraph (3) or (5) of section 19(a).

3.

Testing requirement

Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is amended— (1)in subsection (a), by striking or upon a reasonable testing program and insert , as required under subsection (b); and (2)in subsection (b), by striking The Commission may by rule prescribe reasonable testing programs for and inserting The Commission shall by rule prescribe reasonable testing requirements for the routine testing of.

4.

Authorization of Appropriations for Consumer Product Safety Commission

Section 32(a) of the Consumer Product Safety Act (15 U.S.C. 2081) is amended— (1)by striking , not to exceed; and (2)by striking paragraphs (1) and (2), and inserting the following: (1)$85,000,000 for fiscal year 2008; (2)for fiscal year 2009 and subsequent fiscal years, an amount that is not less than the amount appropriated for the preceding fiscal year, increased by a percentage equal to the percentage increase for the preceding fiscal year in the total number of goods imported to the United States. .