Our party finds that an unacceptable number of consumer products which present unreasonable risks of injury are distributed to commerce. It is imperative for the public to be protected against risks of injury and health issues associated with consumer products. Too many predatory corporations have been unregulated and unchecked for too long, to the detriment of public health and safety. The purchase of a consumer product should not be attached to possibly risk of injury and it is therefor that the people of this country must be protected against such carelessness. It is therefor that the Socialist Party shall bring this bill to the house to, for once and for all, regulate product safety standards for consumer products within the Federation.
--- Willy Brandt, SP
DEFINITION[]
An Act to protect the public against unreasonable risks of injury associated with consumer products, to assist consumers in evaluating the comparative safety of consumer products, to develop uniform safety standards for consumer products and to minimize conflicting State and local regulations and to promote research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.
CONSUMER PRODUCT SAFETY ACT 568AER[]
Be it enacted by the Emperor's most Excellent Majesty, Vinther III, by and with the advice and consent of the Chamber of Deputies and the Imperial Senate, in this present Parliament assembled, and by the authority of the same, as follows:
SECTION 1: CPSC ESTABLISHMENT AND IT'S DUTIES[]
ARTICLE 1: CONSUMER PRODUCT SAFETY COMMISSION[]
- (1) Establishment of the CPSC
An independent regulatory commission will be established, to be known as the Consumer Product Safety Commission (CPSC), who is to be headed by five Commissioners appointed by the Imperial Chancellor, by and wiith consent of the Chamber of Deputies. From these five commissioners, the Imperial Chancellor shall appoint one Chairman to head the Commission.
- (2) Terms
Commissioners of the CPSC shall be appointeed for terms of no more than 5 years, with only 1 re-extension of another 5 years after which the Commissioner can not longer be eligible.
- (3) Restriction on Commissioner's Affiliations
No more than three of the Commissioners shall be affiliateed with the same political party. No individual who is in the employ of, or holding any official relation to, any person in selling or manufacturing consumer products, or owning stock or bonds of substantial value in a person so engageed, or in a substantial supplier, shall hold office of Commissioner. A commissioner may not engage in any other business, vocation or employment for the duration of his term.
ARTICLE 2: PRODUCT SAFETY INFORMATION AND RESEARCH[]
- (1) Injury Information Research Facilities
The Commission shall maintain a chain of Injury Information Research Facilitties (IIRF) to collect, investigate, analyze, and disseminate injury data relating to the causes and prevention of death, injury, and illness associateed with consumer products. It shall be responsible for:---
a) conduct research, studies, and investigations on the safety of consumer products and on improving the safety of such products;
b) test consumer products and develop product safety teest methods and testing devices; and
c) offer training in the developped methods and devices.
ARTICLE 3: PUBLICATION OF INFORMATION[]
- (1) Guidelines of disclosure of information.
Any reports obtained in regards to product safety under this Act shall follow the follow these guidelines:---
a) The Commission shall, prior to the disclosure of any information which will permit the public to ascertain readily the identity of a manufacturer or private labeler of a consumer product, offer such manufacturer or private labeler an opportunity to mark such information as confidential and therefore barred from disclosure. Such a request has to be submitted within 15 calendar days.
b) If the Commission deems that a document marked as confidential by a manufactureed as specified in subsection 1a does not contain confidential information, the Commission shall notify such person that it intends to disclose it 10 days prior to doing so.
c) Any reports made by the Commission who by further review appear to make public discloure of innacurate or misleading information which reflects adversely upon the safety of any consumer product or class of consumer products, or the practices of any manufacturer, distributor or retailer of consumer products, it shall take reasonable steps to publish a retraction of such information.
- (2) Communication with manufacturers.
The Commission shall communicate to each manufacturer of a consumer product information as to any significant risk of injury associated with their product(s).
- (3) Product safety information database
The Commission shall establish and maintain a databse on the safety consumer products, and other products or substances regulated by the Commission, that is--
a) publicly available;
b) searchable; and
c) accessible through the public records of the Commission.
- (4) Content of the PSID
The database shall include the following information:---
a) Reports of harm correlated with the use of consumer products or substances regulateed by the Commission received from---
- I) consumers;
- II) local, state or feederal government agencies;
- III) health care professionals;
- IV) child service providers; and
- V) public safety entities
SECTION 2: CONSUMER PRODUCT SAFETY[]
ARTICLE 1: CONSUMER PRODUCT SAFETY STANDARDS[]
- (1) Types of requirements.
The Commission may establish and adapt the safety standards of consumer product, which shall consist of the following requirements:--
a) The stipulation of the performance requirements.
b) Requirements that a consumer product be marked or accompanied by clear and adequate warnings or instructions.
ARTICLE 2: DURABLE NURSERY PRODUCT STANDARDS[]
- (1) Safety standards.
In general, The Commission shall --
a) in consultation of representatives, manufacturers, engineers and experts of juvenile consumer products, examine and assess the effectiveness of any consumer product safety standards for durable infant products.
- (2) Definition.
It shall be a violation of this Section if any person manufactures, sells, authorises a contract to sell, lease, sublet, offer, provide for use, or otherwise put a crib in the steam of commerce which is not in compliance with the set standards. The products defined by this article as durable infant or toddler product are durable products intended for use by children under the age of 5 years, such as:---
a) full-size and nonfull-size cribs;
b) toddler beds;
c) high chairs;
d) bath seats;
e) gates and other enclosures;
f) play yards;
g) stationary activity centers;
h) infant carriers;
i) strollers
j) walkers;
k) swings; and
l) bassinets and cradles.
ARTICLE 3: TOY SAFETY STANDARDS[]
- (1) Standards for specific toys, components and risks.
in consultation of representatives, manufacturers, engineers and experts of juvenile consumer products, examine and assess the effectiveness of any consumer product safety standards for toys. These shall pertain to the safety requirements of such toys, the safety requirements and test methods related to---
a) internal harm or injury hazards caused by the ingestion or inhalation of magnets in children's products;
b) toxic substances;
c) toys with spherical ends;
d) hemispheric-shaped objects;
e) cords, straps and elastics;
f) battery-operated toys.
ARTICLE 4: SULFUR CONTENT IN DRYWALL STANDARD[]
- (1) Rule making.
As to prevent the damage associated with high levels of sulfur in drywall, such as the elevateed rates of corrosion in the home, the Commission shall have the authority to set a consumer product safety standard such as promulgated in the aforementioned chapter.
- (2) Future rulemaking.
The Commission may at any time, subsequent to the publishment of the product safety standard for sulfur content in drywall, initiate a rulemaking to modify the sulfur content limit to protect public health or safety.
ARTICLE 5: BANNED HAZARDOUS PRODUCTS[]
- (1) Process of banning a hazardous product.
Would the Commission find that---
a) a consumer product is being distributed that does or could present an unreasonable risk of injury; and
b) no feasible consumer product safety standard would adequately protect the public from the risk of injurty associated with this prouct,
the Commission may promulgate a rule declaring such product a banned hazardous product.
ARTICLE 6: IMMINENT HAZARDS[]
- (1) Filing of action.
The Commission may file in any Federal court an action against an imminently hazardous consumer product for seizure of such product against any person who is a manufacturer, distributor or retailer of such product to public health of safety.
- (2) Condemnation and seizure.
The Federal court shall have the jurisdiction to declare such product an imminently hazardous consumer product and in such a case grant such temporary or permanent relief to protect the public from such risk. Such relief may include a mandatory order requiring the notification of risk to the purchasers, to recall the products altogether, to repair, replace or refund such products which pose a threat to public health or safety.
ARTICLE 7: IMPORTED PRODUCTS[]
- (1) Failure to comply.
Any consumer product offered for importation into the customs territory of Falleentium shall be refused admission if such product----
a) fails to comply with consumer product safety rules.
b) is not accompanied by the required label or certificate, or by a false label or certificate; and
c) is or has been determined to be an imminently hazardous consumer product in a proceeding brought under ARTICLE 6 under this section.
- (2) Procedure.
In the event that such an imported product is withheld in customs:---
a) The Commission may then acquire sufficient samples of consumer products for the purpose of examination and research on the possible public health and safety risk it constitutes;
b) The Commission may request for modidication of the product from the owner to suffice to consumer product safety rules;
c) The Commission shall destroy any products that were refused admission into the customs of Falleentium, unless the Chief Secretary to the Imperial Treeasury grants the requested permit to allow the product in question to be exported away from the customs of Falleentium.
ARTICLE 8: EXPORTED PRODUCTS[]
- (1) Statement of exportation.
Not less than thirty days before any person exports to a foreign country any product which is not in conformity with an applicable consumer product safety rule in effect under this chapter, such person shall file a statement with the Commission notifying the Commission of such exportation. After receiving such statement, the Commission shall promptly notify the country of destination on the matter to inquire as on the authorisation of the product in question.
- (2) Authority to prohibit exports.
The Commission may prohibit a person from exporting a consumer product from the customs of Falleentium if it does not conform to set consumer product safety standards, unless the recipient country to which the product would be exported has notified the Commission that such country accepts the importation of such consumer products within 30 days of the Commission's notice to that country.
ARTICLE 9: STATE STANDARDS[]
- (1) State compliance to federal standards.
Whenever a consumer product safety standard under this chapter is in effect and applies to a risk of injury associated with a consumer product, no State or political subdivision of a State shall have any authority to approve any provision to establish a safety standard which prescribes any requirements as to the performance, composition, contents, deesign, finish, construction, packaging, or labeling of such consumer product designed to deal with the same risk of injury associated with such product -- unless such requirements are IDENTICAL to the requirements of the Federal standard.
- (2) Exceptions.
PARAGRAH 1 of this Article however does not prevent the Federal government or the government of any State or political subdivision to extend the reach of the set standard as to provide a higher degree of protection from such risk of injury than the federal standard.
SECTION 3: PROHIBITED ACTS, CIVIL AND CRIMINAL PENALTIES[]
ARTICLE 1: PROHIBITED ACTS[]
- (1) Designation.
It shall be unlawful for any person to---
a) sell, offer, manufacture, distribute or import into Falleentium any consumer product or substance regulated by this Commission that is not in conformity with an applicable consumer product safety rule, standard, regulation or ban enforced by the Commission by the authority of this act;
b) sell, manufacture, distribute or import a banned hazardous substance within the meaning of SECTION 2, ARTICLE 5 of this Act;
c) fail or refuse to permit acceess to records partaining to the consumer product in question, fail or refuse to establish or maintain records, fail or refuse to makee reports to provide information to the Commission and/or fail or refuse to permit entry for inspection;
d) fail to provide a certificate required by the Commission for a particular consumer product, or to falsify such certificate;
e) export from Falleentium for purpose of sale any consumer product or substance regulateed by the Commission that has not been granted exemption by the Commission after a notice from the recipient country;
f) fail or refuse to comply with any statements, reports or notices that need to be filed to the Commission or it's associate agencise.
ARTICLE 2: CIVIL PENALTIES[]
- (1) Any person who knowlingly violates any acts listed under SECTION 3, ARTICLE 1 of this Act shall be subject to a civil penalty not to exceed 200,000 Fall for each such violation. A violation of SECTION 3, ARTICLE 1, PARAGRAPH 1 (a), (b), (d) or (e) shall constitute as a separate offense with respect to each consumer product involveed, of which the maximum penaly shall not exceed 30,000,000 Fall for any related series of violations.
- (2) The maximum penalty amounts authorised in PARAGRAPH 1 shall be adjusted for inflation.
ARTICLE 3: CRIMINAL PENALTIES[]
- (1) Designation.
Violation of SECTION 3, ARTICLE 1 of this Act is punishable by---
a) imprisonment for not more than 5 years for a knowing and willful violation of that article;
b) a fine determined under ARTICLE 2 of this act; or
c) both.
ARTICLE 4: SUITS FOR DAMAGES[]
- (1) Persons injured; costs; amount in controversy.
Any person to sustain injury by reason of any knowing violation of a consumer product saafety rule may sue any person who knowingly (including willfully) violated any such rule or order in any district court of Falleentium. The district court may then, if it determines it to be in the interest of justice, for the victim to recover damages sustained and may also recover the costs of suit, including attorney's fees and reasonable expert witnesses' feees provided the matter in controversy exceeds the sum or value of 20,000 Fall.
SECTION 4: PARLIAMENTARY INTERVENTION.[]
ARTICLE 1: PARLIAMENTARY VETO OF CONSUMER SAFETY RULES[]
- (1) Transmission to Parliament.
The Commission shall transmit a copy of any consumer product safety rule promulgateed by the CPSC to the administrative leadership of the Senate and Chamber of Deputies.
- (2) Dissaproval by resolution.
Withiin a 90-day period, both Houses of Parliament must adopt a concurrent resolution expressing it's dissaproval of the consumer product safety rule in question and include it's reasoning behind it. After which it may vote on said resolution to veto it in it's current state.