Durbin Statement on Passage of Bipartisan Consumer Safety Legislation

Press Release

Durbin Statement on Passage of Bipartisan Consumer Safety Legislation

U.S. Senator Dick Durbin (D-IL) released the following statement today, after the Senate passed landmark consumer safety legislation to overhaul the Consumer Product Safety Commission (CPSC), ban the use of lead in toys for young children, improve toy safety standards and beef up safety testing protocols. The bill, known as the CPSC Reform Act, passed the House earlier this week and now goes to the President for his signature.

"Families can sleep a little better tonight knowing that help is on the way. This bill will help prevent dangerous products from reaching store shelves, ensure faster recalls and allow consumers access to information on existing safety complaints."

"This bill proves that when it counts, Democrats and Republicans can set aside their differences and come together to pass measures to protect our kids."

"Rebuilding this beleaguered watchdog agency has been a priority of mine for more than a year and I am proud to have played a role in this effort."

The CPSC Reform Act makes the following improvements to the Consumer Product Safety Commission (CPSC):

* Funding: Authorizes a significant increase in funding levels for the CPSC. The bill adds more than $56 million over current levels for 5 years beginning in 2010 (FY2010, $118 million; FY2011, $115.6 million; 2012, $124 million; 2013, $132 million; 2014, $136 million). As part of the authorization, $25 million was directed toward establishing a public database of injuries, illness, death or risk related to consumer products.

* Lead: Bans lead for products manufactured for children age 12 or younger.

* Toy Testing: Requires mandatory third party safety certification of products made for children 12 and under. Company labs would only be allowed to test products if they are certified by the CPSC, provide equal or greater consumer protection than available third party labs and are appropriately "firewalled" from other operations of the company.

* Mandatory Toy Standards: Makes mandatory current toy safety standards promulgated by an independent standard-setting organization.

* All-Terrain Vehicle (ATV) Safety: Requires the CPSC to adopt the voluntary ATV safety standard as a mandatory standard. The CPSC would also be required to consider strengthening additional ATV safety standards

* Database: Within 2 years, the CPSC would establish a searchable database to include any reports of injuries, illness, death or risk related to consumer products submitted by consumers, local, state or federal government agencies, child care providers, physicians, hospitals, coroners, first responders, and the media. Upon receiving a complaint, the CPSC has 5 days to submit the complaint to the manufacturer. The manufacturer then has 10 days to respond. The complaint and manufacturers response would then be posted on the database. The CPSC would have the authority to remove or correct a complaint if it is found to be inaccurate.

* Quorum: Allows a 2-member quorum to conduct official business for the one year period. The CPSC currently is without a quorum and cannot conduct business that requires Commission action such as a mandatory recall. Restores the Commission to five members instead of three members to prevent future absences of quorum.

* Rulemaking Process: Streamlines the product safety rulemaking process so that the CPSC can act more quickly in the event of a problem.

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