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Toy Safety Act. Hearings Before the Subccmmittee on Ninety-Eighth

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Toy Safety Act. Hearings Before the Subccmmittee on Ninety-Eighth DOCUMENT RESUME ED 251 229 PS 014 769 TITLE Toy Safety Act. Hearings before theSubccmmittee on the Consumer of the Committee on Commerce,Science, and Transportation. United States Senate, Ninety-Eighth Congress, Second Session on 5.2650 (June 8 and July 2, 1984). INSTITUTION Congress of the U.S., Washington, D.C. Senate Committee on Commerce, Science, and Transportation. REPORT NO S.-Hrg.-98-971 PUB DATE Jul 84 NOTE 100p. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC04 Plus Postage. DESCRIPTORS Accident Prevention; Children; *ConsumerProtection; *Federal Legislation; Federal Regulation;Hearings; Injuries; *Safety; *Toys IDENTIFIERS Age Appropriateness; Congress 98th;Hazards; Labeling (Of Objects); Product Recall; *Product Safety; Proposed Legislation ABSTRACT Passage of the Toy Safety Act of1984 (S.2650) would allow the Consumer Product SafetyCommission (CPSC) to order the immediate recall of toys and children'sarticles that create a substantial risk of injury to children. The CPSCwould no longer be required to issue a final rule banning ahazardous toy or article before it may begin a recall procedure.Nor would the CPSC be required to complete a rule-makingproceeding to transfer its regulatory functions from one act toanother. (Both rule-making and transfer processes require months or yearsto complete, thus permitting a hazardous product to remainin the marketplace.) Witnesses appearing before the subcommitteerepresented governmental and nongovernmental agencies, statelegislatures, manufacturers and distributors of children's products andtheir associations, health organizations, consumer advocate groups,day care providers, and institutions of higher education. Testimony centers on(1) the rationale for the act; (2) characteristicsof hazardous and safe toys and articles; (3) injuries tochildren resulting from hazardous toys and articles; (4) manufacturers' attemptsto make toys safe; (5) problems of recalling unsafe toys;(6) potential problems created by the act and its recommendedchanges; (7) age labeling on toys; (8) Wisconsin state provisions for protectingchildren from unsafe products; (9) procedures forimplementing the act; (10) broader issues of product safety; and (11)positive results and improvement of the product recall process. Textsof proposed legislation are included in this report. (RH) *********************************************************************** Reproductions supplied by EDRS are the bestthat can be made from the original document. ********************************************w************************** 97I TOY SAFETY ACT U.B. OEPANTSINES7 OF EDUCATION NATIONAL INSTITUTE OF WUCATION f OUCATIONAt RESOURCES thifORMAT ION Mincy«;hoogns hove bete'made toMyr CPA, CENT/Ft ,ERIC, XTttrs dotunsent has bosh nsprocitKed as nesood.o.tki reserved hum the prtsun oc otssackurhuh Po.ots of v.,* o. updoomshoe*, .41th" shx.0 typfesent Min .a( Nit meat tit) not I iet erVi.s,411 HEARINGS pos,h,rh ut WOK RTHI SUBCOMMITTEE ON TIIE CONSUMER Or TBE COMMITTEE ON COMMERCE, SCIENCE, AM) TRANSPORTATION UNITED STATES SENATE NINETY - EIGHTH CONGRESS SECOND SESSION ON S. 2650 To ENABLE THE (UNS(JMER PRODUCT SAFETYCoMMISSIoN TO PHO. MT THE PUBLIC BY ORDERING NOTICE ANDREPAIR. REPLACEMENT OR REFUND OE CERTAIN TOYS OR ARTICLESINTENDED FOR USE BY cIIII DR EN IF SUUII TOYS OR ARTICLES CREATE AS(113STANTIAI. RISK OE INJURY To cifi(.DREN JUNE s AM) JULY 2.19s-i Serial No. 98-94 throned tor Era. usr of the Conimitic on C(rnuncrep, :-+4..-tentr, ;Ind Transportot son GoVERNMENT HONTINI; ICP I 14; I4h-1 2 COMMITTEE ON COMME:WE,SCIENCE, AND TRANSPORTATION BOB PACKWOOD, Oregon.Chairman ERNEST F. HOLLINGS, South Carolina BARRY GOLDWATER. Arizona RUSSELL H LONG, Louisiana JOHN C DANFORTH. Missouri DANIEL K. INOUYE, Hawaii NANCY LANDON KASSEBAUM,Kansas Dakota WENDELL H FORD, Kentucky LARRY PRESSLER, South DONALD W. RIEGLE, JR-, Michigan SLADE GORTON. Washington J. JAMES EXON, Nebraska TED STEVENS, Alaska HOWELL HEFLIN, Alabama BOB KASTEN, Wisconsin FRANK R LAUTENHERG, NewJersey PAUL. S. Ja.. Virginia Gram.* J. Kovacn, Chief Counsel RALPH IL Fromm Minority ChiefComae( SUSICONINUTTIOC ON THE CoNstranta BOB KAS'TEN, Wisconsin,Chairman WO`JDELI. H. FORD. Krniuday JOHN C. DANFORTH. Missouri CONTENTS ()piling statement by Senator Kasten Opening statement toy Senator Ilollings Text (it4 26:di CHRONOIA.EICAL 1.IST oF WITNESSF-S Jura: S. 191.43 Greenberg. David 1..legislative director. Consumer Federation of America; Mark Si lbergeld. director. Washington office; and Michelle Meier. counsel fOr government affairs, Consumers Union .,,,,,,,,, .... ..... ........ ........... .... .......... 32 Prepared statements. ,. , . 33 Mr. Greenberg . ........ ............... .. ........... ...., ...,... Mr. Silbergeld 34; Greensher, Dr Joseph. chairman. committee on accident and poison preven, tam. American Academy of Pediatrics; and ('harks F. Williams. vice presi- dent of quality. safety. and integrity. Mattel Toys . 7 laicker. Aaron. counsel. Toy Manufacturers of America ...... ...... ....... ...... ....,.. 27 Prepared statement 29 Steeves. Robert F.. Deputy Director, Office of Consumer Affairs; accompanied by Michael Stewart. General Counsel 3 Prpured statement 6 Strorts, lion Nancy Ilarvey, Chairman. Consumer Product Safety Commis- sion; and Terrence M. S.'anlon. Commissioner ...,., .. 1.1 Prepared statement! Ms Stenos It' 21 Mr Scanlon . Jci.v 2, 195-1 Opening statements by Senator Kasten ........ , . .... .13.7:1 Ackerman, lItNorleen NI .former assistant professor, SchoolittFamily Resources and Consumer Sciences !Hi Brown. James I.. president. Wisconsin Consumers League.. .. 7S I hirand. J;inic R. president.i'uzzlehux. Falmonson. Dr M Bruce. Department of Pediatrics. University of Wisconsin s 1 hospital . 511 ( ;oodroad. Ranee M ,director. Satellite Child ('are. Inc Grundl. Nancy. consumer reporter, Win TV 52 Haney. Camille. representing the Wisconsin Manufacturers Association 56 Prepared statement :#s Jansen. Jane M, assistant administrator. trade and consum4.r protection divi.:ion. Wisconsin Department of Agriculture. Trade, and Oonsurnet Pro- 93 tection. .. Johnson, Dr Kennet h 0 .chapter chairman. American Academy of Pede atrics ,. 63 Lun. Alden I.former executive director. Concerned Consumers lawne . .. 5n Montgomery. Dr Edwin G . Jr . chief of staff. Milwaukee Childern's !hospital 69 Nicbool. Dr Kathryn I'.Dean Medical Center. Madison, WI ........ ..... st Patralia. Victor li. Regional Director. Consumer Product Safety Commissoor 7$ Rhone. Gliaia. registered nurse. Wee Care Day Care Nursey. Inc .. .. 61 Rosen /mew. Peggy A . Wisconsin State Representative.... .. Bouleatt. Patricia. manager of COI ItitiffIer services and merchandise quaky :$14...4.1r.ffice. trade protection. and private label. Zayre Corp .. a, IV Prier Ryan. Mary K. OMAMICt advocate, American TV and Appliances of Madison, 741 WI . Scampini. Deanna. speech pathologist...... .. ......... .. .. 67 Showers. Dean A . public relations director. Milwaukee Childen's Hospital .... 741 Steorts, Hon Nancy Harvey, Chairman, Consumer Product Safety Commis- sion . .... ............. 44 Prepared statement .. 4S Vice. Jon E.president. Milwaukee Children's llitqatal il Wagner. George. librarian . 71 Wikstrom. Jane A.. director of consumer and public relations. Target Stores St; . Prepared statement... ............... ............ .... 55 Ziarnik. Margaret E.. Deputy. Section of Environmental and Chronic Disease Epidemiology. Division of Health. Department of Health and Human Serv- ices lr" ADDITIONAL ARTICLES. irrmits. AM) STATEMENTS Ikon. Gerald. professor. University of Wisconsin Law School. on behalf of ttw'enter for Public Representation. statement 94; V TOY SAFETY ACT FRIDAY, JUNE s, 1981 U.S. SENATE, COMM1TTF:E ON COMMERCE, SCIENCE, AND TRANSPORTATION, SUBCOMMITTEE ON THE CONSUMER, Washington, DC. The subcommittee met, pursuant to notice, at 10:07 am., in room 253, Russell Senate Office Building, Hon. Bob Kasten (chairman of the subcommittee) presiding. Staff members assigned to these hearings: Marilyn Richmond, staff counsel, and Loretta Dunn, minority staff counsel. OPENING STATEMENT BY SENATOR KASTEN Senator KA.sTEN. The committee will come to order. Today the subcommittee will consider legislation to expedite the recall of unsafe toys and other articles intended for use by childen. Under current law the Consumer Product Safety Commission may order the recall of these products only afterengaging in long and cumbersome procedures, and this in some cases can take years to complete. Because of a legislative quirk, it is often easier for the Consumer Product Safety Commission to recall products intended for adults that present substantial risks of injury than it is for the agency to recall hazardous toys and children'sarticles. It does not seem to make much sense, but the fact is that it is easier to recall a defective toaster or a defective iron or a defective hair dryer than it would be to recall a defective toy, a hazardous toy, a toy that could injure or even kill a young child. There is absolutely no reason that it should take longer to recall toys and children's articles than it does to recall other consumer products. In fact, these are the products that ought to be removed first from the marketplace, since children are particularly vulnera- ble and often unable to protect themselves. Toys and children's articles that represent a substantial risk of injury should be removed from the market as quickly as possible. S. 2ii:10, the Toy Safety Act, will amend the Federal
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