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Consumer Product Safety Regulation 2009 Update "Suspension of Enforcement" Announced |
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Chapter 1: |
Understanding the Background |
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- Operational Aspects of the 2008 Amendments2
- The Consumer Product Safety Commission4
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Chapter 2: |
Importer Liabilities |
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- The Basics of Importer Liabilities8
- The Hazard List14
- Reporting Obligations of Importers16
- Enforcement Expansions of U.S. Courts17
- The New Bond Provisions18
- Mandatory Testing and Paperwork Requirements20
- Testing Requirement20
- Certificates of Testing Compliance24
- Information Reporting Requirements27
- The “Hammer” of Destruction: Defective Products27
- Cost Impact on Business30
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Chapter 3: |
Product Recalls |
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- The Basics of Product Recalls34
- Reporting Obligations of Regulated Companies38
- Corrective Action Plans42
- Recall Notices45
- The Recalls Database47
- Tracking Labels49
- The Role of Federal Courts in Product Recalls50
- Regulated Persons51
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Chapter 4: |
Whistleblower Protection |
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- The Basics of Whistleblower Protection54
- The Complaint Process58
- Filing a Complaint58
- Burden of Proof59
- The Finding60
- Hearings and Reviews62
- Settlements64
- Defending a Complaint65
- Employer’s Burden of Proof and Defenses65
- Settlements68
- Federal Appeals Court Process69
- Role of the Courts69
- The Court’s Use of Labor Department Findings72
- Union Employees73
- Training for Employees74
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Chapter 5: |
Toys and Children's Products |
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- The Basics of Toys and Children’s Products Safety Provisions78
- Lead Ban in Children’s Products84
- Safe Levels84
- Exceptions to the Lead Ban87
- Feasibility of Lead Reductions88
- Mandatory Third Party Testing and Certification90
- Mandatory Tracking Labels91
- Consumer Registration Requirement for Durable Nursery Products91
- Labeling Requirements for Advertising Toys and Games92
- Mandatory Toy Safety Standards94
- Phthalates Ban95
- Regulated Persons96
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Chapter 6: |
Public Disclosure of Product Risk Information |
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- The Basics of the Public Disclosure of Product Risk Information98
- Section 15 Reporting Firms101
- Timing of Disclosures103
- Consumer Product Safety Database (Hazards Database)105
- Data Sharing with Other Governments111
- Privacy of Harmed Individual113
- Regulated Persons114
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Chapter 7: |
State Enforcement |
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- The Basics of State Enforcement Power115
- Federal Implications of State Authority119
- Legal Precedents119
- Preemption120
- State Access to Privileged Information122
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Chapter 8: |
Product Testing and Certification |
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- The Basics of the Product Testing and Certification Requirement126
- Accreditation of Third Party Conformity Assessment Bodies129
- Firewalling Rules for Labs Owned or Controlled by Manufacturers130
- Withdrawal of Accreditation134
- Foreign Government Testing and Certification136
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Chapter 9: |
Specific Product Controls |
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- Converting to Mandatory Standards138
- Restrictions on Specific Products139
- Chemicals139
- All-Terrain Vehicles140
- Pool Drains142
- Portable Gasoline Containers142
- Special Exceptions143
- “Not Quite Mandatory” Directives143
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Chapter 10: |
Enhanced Penalties |
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- The Basics of the New CPSC Penalties145
- Prohibitions148
- Remedies151
- Civil Remedies151
- Criminal Remedies152
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Chapter 11: |
CPSC Rules and Procedures |
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- Rulemaking157
- Private Standards159
- Expedited Judicial Review160
- Elimination of Reliance on Older Statutes163
- The CPSC and Foreign Manufacturers165
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Chapter 12: |
Liability Consequences of the 2008 Amendments |
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- Causes of Action for Breach of a CPSC Regulation or Standard171
- Torts171
- Private Right of Action173
- Constitutional Preemption173
- CPSC Records in Litigation174
- Injury Records174
- Consumer Product Safety Database (Hazards Database)174
- Recall Records176
- Uses of the Newly Available Risk Information179
- Mandatory Standards179
- Settlements of Tort Claims180
- Significance of Availability of Risk Information182
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Chapter 13: |
Appendix A: Consumer Product Safety Act, with 2008 Amendments |
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Chapter 14: |
Appendix B: Consumer Product Safety Modernization Act, Conference Report |
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Chapter 15: |
List of Questions |
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Chapter 16: |
Index to Consumer Product Safety Regulation |
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