Transcript 2011–2016 Draft Strategic Plan

ICPHSO – February 24, 2011
Orlando, Florida
Views expressed in this presentation are those of the staff and do not
necessarily represent the views of the Commission
1
Inside Compliance and
Field Operations
Office of Compliance and
Field Operations
Marc Schoem, Deputy Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
3
Inside Compliance and
Field Operations
Defect Investigations Division
Dean Woodard, Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
 Division Director – Special Investigations
 3 Team Leaders – Full Case Load
 18 Compliance Officers (2 on the Safe Sleep Team)
 1 Technician
 Safe Sleep Team
 Team Leader (General Attorney)
 2 Compliance Officers
 2 Compliance Attorneys
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 Fast-Track Program – Voluntary Recalls
 Section 15 Investigations
 Children's Hazards Team
 Fire / Electrical Hazards Team
 Mechanical Hazards Team
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Fast-Track Recall Program
 Initiated August 1997
 Eliminates staff “preliminary determination” of
hazard
 Acceptable consumer level recall within
20 working days of report
 Reduces technical analysis (focus on notification and
remedy)
 Does not preclude review for reporting obligations
 Over 200 million products in more than 1800 recalls
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No preliminary determination of substantial hazard
Removes hazardous products from commerce
Less liability
Less bureaucracy/red tape
Removes hazardous products quicker
Captures more products in the distribution chain
Saves lives
Reduces injuries
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Nearly all recalls “voluntary”
CPSC has authority to issue administrative complaint
to compel recall
CPSC must prove product defective
Presents substantial product hazard
CPSC can compel repair, replacement, refund and
public notice
1.
Stop Production
 Redesign/Repair/Disposal
2.
Stop Distribution
 Replace/Repair/Disposal
3.
Stop Retail Sales
 Replace/Repair/Disposal
4.
Consumer Notification
 Replace/Repair/Refund
 Incentives/Disposal
Inside Compliance and
Field Operations
Regulatory Enforcement Division
Mary Toro, Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
 Chemical Team
 Children’s Products (Toy) Team
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 Flammability Team
 Mechanical Team
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 Division Director
 4 Team Leaders – Full Case Load
 16 Compliance Officers
 1 Administrative Assistant
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Consumer Product Safety Act
Federal Hazardous Substances Act
Poison Prevention Packaging Act
Flammable Fabrics Act
Refrigerator Safety Act
Virginia Graeme Baker Pool & Spa Safety Act
Children’s Gasoline Burn Prevention Act
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CPSA Section 15
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Reporting requirement for regulated products
CPSA Section 14
 Non-children’s products rules: meet requirements and issue a
General Certificate of Conformity
 Children’s products: must meet all applicable standards
 Issuance of a certificate based on test by approved and
accredited third party test facility
 Requires tracking label on product and its packaging
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CPSC can compel repair, replacement, refund, and
public notice
1.
Stop Production/Importation
 Recondition/Correct Future
Production/Destroy
2.
Stop Distribution
 Recall to the Mfr./Importer
 Recondition Inventory
 Destroy
3.
Stop Retail Sales
 Recall from the Consumer
4.
Issue Consumer Notification
 Replace/Repair/Refund
 Incentives for Returns
Inside Compliance and
Field Operations
Field Investigations Division
Dennis Blasius, Eastern Region Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
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 Field Investigators in over 48 locations around
the U.S., including Hawaii and Puerto Rico
 Responsible for investigating product
incidents
 Inspections of manufacturers, importers,
distributors and retailers
 Market Surveillance (retail, import and
internet)
 State and Local Activities Coordination
 Outreach
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Field investigation conducted
Compliance initiates contact with the
firm
Epidemiology conducts data search
Engineering performs testing (both
failure mode testing and performance
testing)
Preliminary Determination Made (not
Fast Track cases)
Negotiate Recall
Notification to Consumers
 No longer a new challenge – many firms sell
their products exclusively from internet
websites
 CPSC dedicates investigative staff to internet
surveillance, some full-time
 Visit importer and wholesaler chat rooms,
group list-serves, and internet auction sites to
develop leads regarding retailers and
wholesalers who might be offering obvious
violative, recalled or dangerous products
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6000
5000
4000
3000
2000
1000
0
2006
2007
2008*
2009*
2010*
* Totals now include Import Surveillance Division
 Returns from distribution chain
 Parts Orders
 Consumer complaints, claims,
lawsuits/FEEDBACK
 Life testing
 Quality Assurance / Product
Improvement
 Material Changes
 Retailer Reports/Retailer Feedback
 Incidents from CPSC Injury
Clearinghouse
 Quarantine recalled products
 Advise disposal method
 Notify CPSC at :
[email protected]
 CPSC verification of destruction/disposal
of returned products
 Assure third-party contractors are following
program
 Independent verification of third party
 Monthly progress reports – focus on postrecall injuries
 Conduct Recall Verification Inspection at
recalling company
 Execute Recall Checks at points of sale
 Conducted by CPSC and/or State
Investigators
 Internet Surveillance Unit will continue to
identify any sale of recalled products
 Report internet sales of recalled products
to: [email protected]
Inside Compliance and
Field Operations
Import Surveillance Division
Kathy Lisius, Compliance Investigator,
Savannah, GA
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
Created in February 2008
Division Director
 3 Team Leaders
 19 Field Compliance Investigators Co-located with
Customs and Border Protection (CBP) at major ports
of entry
 2 Analysts located at Import Safety Commercial
Targeting Analysis Center (“CTAC”)
 1 Analyst located at HQ
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Samples
Violations
1,800
1,733
1,559
1,600
1,400
1,200
1,130
1,019
1,000
864
885
861
800
709
723
685
704
609
600
400
514
422
509
463
368
342
325
317
297
224
200
0
FY00
FY01
FY02
FY03
FY04
FY05
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FY06
FY07
FY08
FY09
FY10
 Product
refused admission shall be destroyed
unless …
 Upon application by importer, Secretary of the
Treasury permits the export in lieu of
destruction
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ITDS/ACE Integration
Risk Assessment
Methodology
Update MOU’s for
Information Sharing
 HTS
Modifications
 Detention Policy
 Regulatory Updates
 Importer Self AssessmentProduct Safety Pilot
(ISA-PS)
 Certificates
not readily available
 Goods not classified appropriately
 Product detail not included on invoice
 3rd party testing body not accredited by CPSC
 Not signing up for ISA-PS
 Not including the correct citation for each CPSC
Regulatory Requirement on certificate
 Importing children’s upper and outerwear with
drawstrings – DON’T DO IT!
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
CPSC Sampling and Detentions
 Specific statutory authority for sampling (15 USC 2066, 15
USC 1273)
 Detained merchandise remains under CBP custody
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CPSC Will Issue Notices of Detention
 Notice will describe the suspected violation and the
statute governing that suspected violation; CPSC officer
contact information included
 Notice issued to importer (cc: Broker and CBP)
 Deal directly with CPSC
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 Detentions – Time Frames
 Detention
notices to be issued as soon as possible
 Recipient has 5 business days to provide information to
help resolve the detention; extensions can be granted
 Policy is to try to resolve within 30 days
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Detentions of shipments - both CBP & CPSC
 Detention
notices will be issued by both agencies
 If CBP seizes that will resolve the CPSC detention
 If CBP resolves its detention in favor of the importer, they
will not release without resolution of the CPSC detention
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