GAO Says CPSC Still Supports More Statutory Authority to Regulate Imports
Heightened powers at the Consumer Product Safety Commission to regulate imports at the ports could help reduce the amount of time the agency takes to respond to product safety hazards, but may come with increased costs for industry, said the Government Accountability Office in a report to Congress published Oct. 14. CPSC officials still support laws that would allow CPSC to detain product at ports, designate other agencies to assist in investigations, and require importers to mark containers as “refused for entry,” said the report. But some consumer safety and industry representatives, as well as a CPSC commissioner, say the changes could add “an undue cost burden,” and may be unnecessary, it said.
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The report to the Senate and House Appropriations Committees came in response to continuing concerns over the length of time it takes for CPSC to address identified safety hazards, even as injuries and deaths occur and industry is uncertain as to how to address the risk. Although the report makes no recommendations, it does include a list of options available to CPSC based on interviews with CPSC staff and consumer and industry organizations. Suggestions include preventative regulatory approaches; authority to more quickly issue mandatory standards; improving CPSC’s capabilities to analyze scientific data through additional resources; and enhancing CPSC's import surveillance activities.
A report CPSC submitted to Congress in September 2011 identified several amendments to laws that would increase its presence at the border (see 11091916). Proposed changes would allow CPSC officers to sample shipments offered for import; give CPSC detention authority similar to FDA’s; limit exportation after refusal at import; mark product as refused for importation; and seize product that hasn’t been properly reconditioned.
According to GAO’s report, CPSC officials confirmed in August 2011 that they “continue to support all of the statutory changes recommended in the 2011 report.” However, a CPSC commissioner and consumer safety expert interviewed for the GAO report said they did not support the amendments. The commissioner pointed out that emerging product safety risks are rarely identified at the ports, said GAO. The consumer safety expert said some of the changes would add high costs for industry, especially the requirement to mark containers that have been refused entry.