The National Retail Federation today supported a House bill that would increase funding for the Consumer Product Safety Commission, but said more time is needed to implement proposed new lead standards and that some provisions could hamper safety efforts.
Retailers are committed to ensuring that the products on their shelves are of the highest quality and meet all applicable health and safety regulations,” NRF Senior Vice President for Government Relations Steve Pfister said. “We applaud the efforts of Congress to seek to improve the processes within the CPSC while giving them additional resources. However, we are concerned that some of the provisions may weaken the product recall process instead of strengthening it.”
Pfister’s comments came in a letter to members of the House Energy and Commerce Committee. The committee is scheduled to vote today on H.R. 4040, the Consumer Product Safety Modernization Act, sponsored by Commerce, Trade and Consumer Protection Subcommittee Chairman Bobby Rush, R-Ill., and co-sponsored by full committee Chairman John Dingell, D-Mich. Among other provisions, the bill would double annual funding for the short-staffed CPSC to $142 million and increase its maximum civil penalty to $10 million from the current $1.8 million.
NRF supports many elements of the legislation, including the increased funding, tracking labels that would help identify recalled items, expedited development and implementation of CPSC regulations, and a prohibition on the sale of recalled products.
Pfister said NRF supports efforts to reduce lead content in children’s products as long as levels are established through the use of sound science, are practical and feasible to achieve, but that the 180 days provided in the bill to adopt new standards is unworkable.
“The current 180-day implementation in the bill would be incredibly difficult for industry to achieve,” Pfister said. “Retailers are currently placing orders for products today that will be on the store shelves next fall. These products are being manufactured to specifications that meet the current standards set by the CPSC. While companies understand that new lead levels will be established, they are not sure what those levels will be and need to be given appropriate time to meet those standards. Retailers must be given at least a year to work with their vendor partners to implement these new significant changes.”
Pfister said NRF supports a provision in the bill restating the current authority of state attorneys general to seek injunctive relief in product safety cases. But NRF would oppose any attempt to match provisions in Senate legislation that would allow attorneys general to sue for unlimited damages.
NRF would also oppose attempts to weaken protection currently afforded to companies that voluntarily share information with CPSC. Eliminating such protection could unduly alarm consumers, harm companies and serve as a deterrent for voluntarily sharing information, Pfister said.
The National Retail Federation is the world's largest retail trade association, with membership that comprises all retail formats and channels of distribution including department, specialty, discount, catalog, Internet, independent stores, chain restaurants, drug stores and grocery stores as well as the industry's key trading partners of retail goods and services. NRF represents an industry with more than 1.6 million U.S. retail establishments, more than 24 million employees - about one in five American workers - and 2006 sales of $4.7 trillion. As the industry umbrella group, NRF also represents more than 100 state, national and international retail associations. www.nrf.com