Consumer Product Safety Improvement Act of 1988

(Reported to House from the Committee on Energy and Commerce with amendment, H. Rept. 100-962)

Consumer Product Safety Improvement Act of 1988 - Title I: Amendments to Acts - Amends the Consumer Product Safety Act (CPSA) to require the Consumer Product Safety Commission: (1) to publish an advance notice of proposed rulemaking in cases where there is a significant risk of injury associated with a product and where a consumer product safety rule (rule) would reduce such risk; and (2) within a specified period, to publish a proposed rule or terminate the proceeding if it is not reasonably necessary to reduce risk or not in the public interest. Directs the Commission, within one year after enactment of this Act, to study and report to the Congress on the feasibility of requiring each manufacturer of a product subject to the rule to pay an amount to defray the cost of promulgating such rule.

Permits the Commission to rely only upon voluntary consumer product safety standards which are in existence and issued after consideration of the views of interested parties, including consumers and consumer organizations. Requires the Commission to monitor compliance with such standards.

Allows interested parties to petition the Commission to issue a rule or amendment to reduce the risk of injury associated with a product. Directs the Commission to grant or deny the petition within 120 days. Authorizes the petitioner to commence a civil action in U.S. district court to compel the Commission to initiate the rulemaking proceeding if the Commission denies the petition or fails to grant or deny such petition within 120 days.

Directs the court to order the Commission to initiate the rulemaking if the petitioner shows, by a preponderance of evidence in a de novo proceeding, that the product presents an unreasonable risk of injury and that the Commission's failure to initiate a rulemaking proceeding unreasonably exposes consumers to a risk of injury by the product. Authorizes the court to award court costs in such an action.

Provides that the Chairman of the Commission shall be selected by its members and shall serve a two-year term. Terminates the term of office of the current chairman 30 days after the date of enactment of this Act but allows such individual to continue to serve as a Commission member until the expiration of the member's term. Makes a Commission member whose term will expire before the expiration of the two-year term of the Chairman ineligible to be selected as Chairman.

Requires the President to consider individuals with experience in the safety of consumer products or related fields in making Commission appointments.

Provides that if the Commission consists of only three members, two members of the Commission will constitute a quorum for the transaction of business.

Creates a new position of Director of Compliance, to be filled only by an attorney. Prohibits individuals from serving in specified directorships on an acting basis for a period longer than 90 days.

Requires the Commission to employ on a permanent basis no fewer than the full-time equivalent of 525 officers and employees, subject to the availability of appropriations.

Exempts from public disclosure restrictions information not developed by the Commission and on which the Commission has included a disclaimer regarding the accuracy of the information.

Deletes provisions governing the bringing of a civil action by the manufacturer or private labeler who is notified that the Commission plans to disclose a document claimed by such party to be inaccurate.

Authorizes any State attorney general and any other official charged with enforcing State consumer product safety laws to bring a civil action for violations of rules or orders issued under the Consumer Product Safety Act, to petition the Commission to hold public hearings or conduct investigations to determine whether a product presents a substantial hazard, and to appeal Commission decisions.

Amends the Federal Hazardous Substances Act to authorize any State attorney general and any other official charged with enforcing state consumer product safety laws to bring a civil action for violations of the Act. Authorizes such officials to petition the Commission to: (1) require notification of the public of banned hazardous substances; (2) order the manufacturer to repair or replace an article which constitutes a banned hazardous substance; and (3) require notification of the public of substances intended for use by children that are not banned but which contain a defect which creates a substantial risk of injury to children.

Prohibits the Commission from comparing the costs and benefits of reducing or eliminating risks to the public in determining: (1) whether a substantial product hazard exists; (2) whether a toy or other article intended for use by children complies with the Act's labeling requirement; and (3) whether an action taken is in the public interest. Precludes the district court from making such a comparison in determining whether to declare a product to be imminently hazardous.

Sets civil penalties for knowing violations of such Act.

Provides for the setting of an agenda and priorities for Commission action each year, following a public hearing and a reasonable opportunity for the submission of comments.

Amends the Federal Hazardous Substances Act to make the art materials labeling requirements of the American Society for Testing and Materials effective as a regulation of the Consumer Product Safety Commission. Requires manufacturers or repackagers of such materials to provide the Commission with the criteria used to determine whether or not such materials could cause chronic adverse health effects along with a list of materials that require hazard warning labels. Requires updates and revisions in labeling and standards as necessary.

Directs the Commission to issue guidelines specifying criteria for determining when customary or foreseeable uses of such materials could result in a chronic hazard. Requires the Commission to review and amend such guidelines as appropriate. Directs the Commission to develop informational and educational materials about art materials and to distribute such materials to interested persons.

Extends through FY 1989 the authorization of appropriations to carry out the CPSA.

Title II: Related Provisions - Bans all three-wheel all-terrain vehicles in the following ways. Provides that, for purposes of specified provisions of the CPSA, three-wheel all-terrain vehicles (ATVs) which are not subject to a specified consent decree shall be considered banned hazardous products for purposes of sales by manufacturers, distributors, or dealers. Makes it a violation of specified prohibitions under the CPSA for three-wheel ATVs which are subject to such consent decree to be manufactured for sale, offered for sale, distributed in commerce, or imported into the United States for sale in interstate commerce in the United States. Makes such ban effective 30 days after the enactment of this Act. Directs the Commission, before the ban becomes effective, to notify all manufacturers of three-wheel ATVs.

Requires manufacturers (including distributors) of three-wheel ATVs to grant a refund to past purchasers who return their vehicles.

Directs the Commission to promulgate rules and regulations for return of such vehicles, with criteria for determining such refunds. Provides that noncompliance with such refund requirements shall be considered a violation of the CPSA. Requires manufacturers and distributors to reimburse their dealers for expenses connected with such refunds.

Directs the Commission to promulgate under the CPSA a consumer product safety rule for four-wheel ATVs to require the manufacturers and distributors of such vehicles to: (1) extend the free training in the operation of such vehicles required to be offered to all past purchasers by a specified consent decree; and (2) provide to purchasers of such vehicles Commission-compiled five-year statistics on the deaths of and injuries to individuals under age 16 from the use of the manufacturer's vehicles. Directs the Commission also to promulgate under the CPSA a consumer product safety rule for four-wheel ATVs to improve vehicle safety by prescribing: (1) appropriate performance standards for the vehicle; and (2) design characteristics. Sets forth deadlines for notification of proposed rulemaking and promulgations of such rules. Provides that compliance with such rules does not relieve any person from liability at common law or under State statutory law to any other person.

Directs the Commission to conduct a study, if after two years after enactment of this Act less than one-half of the States have enacted a statute requiring licensing, safety training, helmet-use, and minimum age 16 for operators of four-wheel ATVs. Requires such study to determine what actions are required to impose such requirements or otherwise protect children from the harm presented by ATVs. Directs the Commission: (1) within two years after enactment of this Act, to provide opportunity for public comment on its proposed report on the results of such study; and (2) within two and one-half years after enactment of this Act, report the study results to the Congress, including comments received and its policy recommendations.

Directs the Commission to conduct a study under the Flammable Fabrics Act to determine if a special flammability standard is needed for sleepwear other than sleepwear for children. Requires consideration of the risks to the elderly and other adults presented by flammable sleepwear and the benefits to the elderly from the promulgation of such a standard. Requires the Commission to report study results to the Congress within one year after enactment of this Act.

Requires the Commission to: (1) review the regulations and exemptions which apply to lawn darts to determine if stricter requirements, including a ban, are needed for the protection of consumers, especially children; and (2) report to the Congress within one year after enactment of this Act.

Directs the Commission to begin proceedings to establish a safety standard for cigarette lighters, taking into account the need to protect children.

Requires the Commission to: (1) conduct a study to determine whether to set a minimum age for the operator of an amusement park ride, in order to promote rider safety; and (2) report to the Congress within 18 months after enactment of this Act.

Revises CPSA provisions with respect to amusement rides. Continues to provide that an amusement ride which is not permanently fixed to a site is a consumer product for purposes of the CPSA. Provides that an amusement ride which is permanently fixed to a site: (1) is not a consumer product for purposes of consumer product safety standards, banned hazardous products, product certification and handling, and certain substantial product hazards notice requirements; (2) is a consumer product for the remainder of the CPSA which is otherwise applicable.

Defines amusement ride, and defines amusement ride operator as the owner of such a ride.

Includes amusement ride operators under provisions relating to public disclosure of information.

Requires operators of amusement rides which are permanently fixed to a site, upon obtaining information indicating that a serious injury occurred during operation, to notify the Commission immediately with a complete description of the occurrence, unless the operator has actual knowledge that the Commission has been adequately informed of such occurrence. Authorizes the Commission to order the operator to cease operating the ride until it is repaired so that it no longer presents a substantial product hazard, if it is determined that a ride which has been involved in a serious injury or is mechanically identical to a ride so involved presents a substantial product hazard. Requires the Commission to afford on opportunity for a hearing to interested persons, including consumers and consumer organizations, before making such a determination. Requires such orders to specify the hazard presented. Allows the operator to resume operation as soon as the ride is repaired so that it no longer presents such a hazard.

Requires the Commission to vacate the cessation order at any time when it determines that such ride no longer presents such a hazard. Allows an operator subject to such a cessation order to submit to the Commission a certification describing repairs made to eliminate the hazard. Deems a ride for which such certification has been made to no longer present the hazard, if the Commission does not reject the certification within ten business days of its receipt. Allows operators to petition the Commission for a hearing if it has rejected their certification. Makes noncompliance with such notification or cessation requirements a prohibited act under the CPSA.

Authorizes Commission-designated employees and officers to inspect: (1) amusement rides which are not permanently fixed to a site; and (2) an amusement ride which is permanently fixed to a site if the ride was involved in a serious injury or is mechanically identical to to a ride so involved. Requires such inspections to be reasonable as to times, manner, and the promptness with which they are commenced and completed. Authorizes the inspectors to investigate the cause of the serious injury in which the ride was involved and to test the ride's safety.

Directs the Commission, within six months after the effective date of this Act, to issue regulations for the administration of the notification and cessation requirements for operators of permanently fixed-site amusement rides involved or mechanically identical to rides involved in serious injury.

Requires a report on indoor air pollutants. Directs the Commission, within 90 days after the enactment of this Act, to submit to the Congress a report on its activities to reduce exposure of individuals to: (1) methylene chloride; (2) formaldehyde; (3) asbestos; (4) paradichlorobenzene; (5) combustion by-products; (6) allergens and pathogens; and (7) any other pollutant which the Commission determines poses or may pose an unreasonable risk to the safety of individuals. Sets forth requirements for the contents of such report.

Sets forth a labeling requirement for certain toys. Directs the Commission to issue a consumer product safety standard requiring that toy packaging and accompanying descriptive materials contain a cautionary label, in the case of any toy for children: (1) which is manufactured after the date of enactment of this Act for sale offered for sale, distributed in commerce, or imported into the United States; and (2) which includes a small part. Requires such cautionary label to: (1) state the age range of children for which such toy is not intended; (2) describe, with respect to children within such age range, any dangerous property of such toy and the hazardous consequences which can result; (3) be prominently displayed on the packaging and accompanying descriptive materials; (4) be noticeable and in English; and (5) include the word "WARNING" in capital letters. Requires the Commission to establish such standard and rules for its implementation by January 1, 1989. Authorizes the Commission to use any remedy available to it under the CPSA to enforce the requirements of such standard.

Requires a report on products which pose a major hazard to children. Directs the Commission, within 120 days after the enactment of this Act, to report to the Congress on such products, including: (1) wood and metal home playground equipment; (2) children's products which contain the chemical DEHP (2-ethylhexyl phthalate); (3) small parts for toys and other products intended for use by children under three years of age; (4) baby pacifiers which contain a total action level of nitrosamines in excess of ten parts per billion; (5) baby cribs, including those with corner post extensions of a length less than five-eighths of an inch; and (6) bunk beds. Requires the report to: (1) describe the associated hazards and include data on all known injuries and deaths from each such product; (2) review Commission actions with respect to each such product; and (3) include a time schedule for additional actions.

Requires a survey, report, and, if necessary, standards on the reduction of entrapment of children in reclining chairs. Directs the Commission to conduct a survey, using statistically significant samples, of: (1) all reclining chairs being sold in the United States; (2) the retail outlets for reclining chairs; and (3) manufacturers of reclining chairs. States that the survey's purpose is to determine their compliance with voluntary industry manufacturing guidelines designed to reduce the entrapment of children in such chairs. Directs the Commission, within 120 days after enactment of this Act, to report to the Congress the number of such chairs, outlets, and manufacturers included in the survey, including the number not in compliance with such voluntary industry guidelines. Directs the Commission, if it determines that there is a substantial lack of compliance with such voluntary industry guidelines, to initiate proceedings under the CPSA to establish a safety standard for reclining chairs to prevent the entrapment of children.