limited and unlimited modes of operation. With regard to lateral stability,
which is not included in the industry or the ANSI standard, each of the five
distributors agreed separately not to market ATVs that have lateral stability
coefficients lower than the lowest value in that distributor’s 1989 production
models. On 5/31/90, the industry advised the CPSC staff that industry had
terminated action to develop a dynamic performance standard for lateral
stability. A status report on lateral stability considerations was sent to
the Commission in late 9/90, and a briefing was scheduled for 10/90. Future
options related to factors other than lateral stability will be forwarded to
the Commission by 2/91.

Emerging Hazards and Vulnerable Populations

During the reporting period, there were three participation level projects
and four monitoring level projects underway in this hazard program area. The
participation level projects were: (1) home playground equipment; (2) public
playground equipment; and (3) playground surfacing. The monitoring level
projects were: (1) bicycle helmets; (2) bunk beds; (3) cribs; and (4) toy
safety. Progress on these projects has been rated satisfactory by the
Commission staff. However, in the case of the toy safety project, significant
differences of opinion exist between CPSC staff and industry members of the
ASTM Task Group developing revisions to the toy safety standard. This Task
Group is now meeting regularly, and the CPSC staff is providing technical
support to its activities. The Commission has issued advanced notices of
proposed rulemaking (ANPRs) which could lead to mandatory requirements to
address choking hazards presented by balloons, balls, marbles, and toys
intended for children aged 3-6 and entrapment and strangulation hazards
presented by crib toys.

In 9/90, the revised national consensus voluntary standard for amusement
rides and devices, ASTM F853, was reaffirmed. The Commission staff has
previously provided technical support to the development of this standard.

Three revised national consensus voluntary standards were approved on
11/24/89. They were: (1) "Standard Consumer Safety Performance
Specifications for Carriages and Strollers," ASTM F833; (2) "Standard Consumer
Safety Specification for High Chairs," ASTM F404; and (3) "Standard Consumer
Safety Specifications for Play Yards," ASTM F406. The revised standard on
carriages and strollers provides increased protection from protective caps,
sleeves, or plugs, used for protection from sharp edges or points, becoming
accidentally removed. The revised standard on high chairs assures that the
warning label can be seen when a child is placed in a high chair. The play
yard revised standard provides increased safety for certain mesh sided play
yards.

A proposed revision to the safety standard for cribs (ASTM F966), which
reduces the height of crib corner post extensions to 1/16 inch, will appear on
the 10/90 ASTM Society Ballot. This revised standard could be approved by
early 1991. A CPSC staff briefing package on a petition to ban crib corner
post extensions is expected to be transmitted to the Commission during FY

E-6


APPENDIX H

Advisory Opinions


APPENDIX C

Meetings of Substantial Interest


State(s) or Commissioned
Commonwealth Department Officers
Field Office Central Region (continued)
Kentucky Department of L. R. Mays
Human Resources, Linda L. Pence
Bureau of Health Florann R. Strevels
Services Terry M. Wescott
Douglas Lee Jackson
Stephen L. Mays
Daniel J. Howell
Karen Smallwood
John Kenneth McIlwain
Emery J. DeWitt
Mississippi State Board Willie L. Brown, Jr.
of Health Timothy B. Carr
Paul M. Rankin
Missouri Missouri Erwin P. Gadd
Department of John G. Norris
Health, Dept. John P. Pitzenberger
of Social Robert C. Fields
Services Gregg C. Fast
A. Reid Stevens
William L. St. Gemme
Oscar Roy Hartman
Gary F. Boone
Springfield- Richard A. Baker
Greene County
Health
Ohio Department of Daniel S. Chatfield

Public Health

J-14

Michael W.Moser
Douglas A. Rogers
Marsha R. Smalley

Daniel J. Canter

Gary L. Matson

Lois A. Upham

Donald E. Miles

George E. Fruth

Edgar V. Pulido

Michial H. Swank
Thomas H. Anderson
George Nemore, Jr.


FIELD OFFICE WESTERN REGION
(Continued)

Texas
Department of Health
Recalls
In-depth Investigations
Washington
Seattle Poison Center

PPPA/Pharmacy
Incident Reports

Spokane Health Department
ATV Surveillance
Yakima County Health Department

ATV Surveillance

Wyoming
Department of Health

Recall Checks
ATV Surveillance

Other Contracts to State/Local Agencies

Colorado Department of Health - Import Program - Toy Testing

Towa Department of Public Health - Import Program - Toy Testing

South Carolina Board of Pyrotechnic Safety -
Import Program - Fireworks Testing

J-9


Jacqueline Jones-Smith
Chairman

Carol G. Dawson
Vice-Chairman

Anne Graham
Commissioner



CIVIL PENALTY SETTLEMENT AGREEMENTS ACCEPTED BY THE COMMISSION

The following civil penalty agreements were accepted by the
Commission in 1990:

1. In _the Matter of Ames Department Stores, Inc., CPSC
Docket No. 90-C0004. Ames agreed to pay a civil penalty of
$12,000 in settlement of Commission staff allegations that the
retailer offered for sale, sold, and distributed in commerce,
banned lawn darts in violation of 15 U.S.C. {{ 2068(a)(2) and
(4). The Settlement also resolves staff allegations that Ames
failed to report that its lawn darts failed to comply with a
Consumer Product Safety Rule and thereby violated the reporting
requirements of 15 U.S.C. { 2064(b). The staff alleged that an
Ames store in Doylestown, Pennsylvania sold banned lawn darts to
an undercover CPSC investigator more than three months after the
product was banned. Ames denied that it distributed in commerce
banned lawn darts and/or knowingly failed to make reports and
provide required information concerning lawn darts, in violation
of section 15(b) of the cCPSA. The Commission accepted a
settlement agreement on February 7, 1990.

2. %In_the Matter of Caldor, Inc., CPSC Docket No. 90-
co005. cCaldor agreed to pay a civil penalty of $50,000 in
settlement of Commission staff allegations that the Connecticut
chain store offered for sale, sold, and distributed in commerce
banned lawn darts in violation of 15 U.S.C. {{ 2068(a)(2) and
(4). The settlement also resolves staff allegations that Caldor
failed to report that its lawn darts failed to comply with a
Consumer Product Safety Rule and thereby violated the reporting
requirements of 15 U.S.C. { 2064(b). The staff alleged that
three Caldor stores sold or offered for sale a total of 64 sets
of banned lawn darts over three months after the effective date
of the ban. Caldor denied that it distributed in commerce banned
hazardous products and/or knowingly failed to make reports and
provide information concerning lawn darts, in violation of
section 15(b) of the CPSA. The Commission accepted a settlement
agreement on February 7, 1990.

3. In the Matter of Consumer Direct, Inc., CPSC Docket No.
88-C0009. Consumer Direct agreed to pay a civil penalty of
$130,000 in settlement of allegations by the Commission staff
that the Ohio corporation failed to report defects in its "Gut
Buster exercise device" which could create a substantial product
hazard as required by 15 U.S.C. { 2064(b). The staff alleged
that although Consumer Direct had received hundreds of consumer
complaints alleging personal injury due to spring breakage of the
Gut Buster, it failed to report that information to the
Commission. The firm denied that the Gut Buster contained any

G-9


VOLUNTARY CORRECTIVE ACTION PLANS AND PRODUCT RECALLS

Voluntary Corrective Action Plans and Recall
of Products Subject to Product Safety
Standards and Other Specific Regulations
Exclusive of Section 15 of the
Consumer Product Safety Act

The Directorate for Compliance and Administrative Litigation and the
Regional. Offices are jointly responsible for identification of consumer
products which fail to comply with a specific product safety standard or other
Commission product-related requirements mandated by statute or regulation. |
Commission staff works cooperatively with the responsible firms to obtain
voluntary corrective action plans as appropriate to protect the public.
Following is a list of these product recalls and corrective action plans
monitored by the Commission staff during fiscal year 1990.

Consumers may find products on the market which resemble those appearing
on this list. After manufacturers and importers correct violations, they may
distribute complying versions of products which were recalled. CPSC monitors
recalls to ensure that the noncomplying products have been removed from the
market. It is unfair to responsible manufacturers and importers to conclude
that toys and children’s products on the list are still offered for sale.


State(s) or
Commonwealth

Department

Commissioned
Officers

Field Office Eastern Region

(continued)

Puerto Rico

South
Carolina

Virgin
Islands

Dept. of Consumer
Affairs

Dept. of Health &
Environmental
Control

Dept. of Consumer
Protection

Board of Pyrotechnic
Safety

Anderson County
Health Department
Environmental
Health Services

Spartanberg County
Health Department

Consumer Services
Administration

J-12

Victor Silva Arroyo
Carlos Felicano
Carlos Matteo Altos
Jose Perez

Jose Rodriguez Sanchez
Domingo Cruz Poupart
Angel Rivera

Paula Mims Odom
Charles W. James Jr.
Samuel H. McNutt
Robert W. Fulghum
Richard M. Turner, Jr.
Rebecca Cameron
Teresa Burke

Arthur Stanley
Stephen Broome
Gaynell Smith

Miriam M. Jones
Ronald P. Koeppen
Matthew Shiers
Kenneth W. Montgomery
Horace M. Longshore

Minnie L. Dix
William E. Marree
Roy C. Harms
Philips Porter
John R. Clark

Bill Porcel
Gerry Wingard

Debra S. Bouchillon

Daniel E. Glover

Daryl] Roebuck
Mae Agnes James
Juanita Bermudez


F-14

Date Product Model Violation
4/90 String Confetti #9518 Banned Flammable
Children’s
Article
4/90 Bo Bo Pacifiers #HK-45 Banned Nitrosamines
in Pacifier
4/90 Pacifer Holder #1026 Technical Sharp Points
Guidelines
4/90 Wind-Up Ernie Drummer #8822 Banned Small Parts
4/90 Crazy String #1123 Banned Flammable
Children’s
Article
4/90 Caterpillar Pull Toy #450 Banned Smal? Parts
4/90 Goofy Flying String #75501 Banned Flammable
Children’s
Article
4/90 Spinflower Rattle #30945 Banned Rattle
> 4/90 Ma & Baby Bunny #BP8934 Banned Smal1 Parts
4/90 Ring Ring Play Phone  #537/88 Banned Smal] Parts
4/90 Musical Ice Cream Car #TT-28A Banned Small] Parts
5/90 Bead Coaster #8394 Banned Smal] Parts
5/90 Streamer Spray 3.5 oz. Cans Banned Flammable
Children’s
Article
5/90 Toy Wooden Dump Truck 12013, 50006, 55006, Banned Smal] Parts
in 6 assortments 51010, 55010, 55030 Banned Smal] Parts
5/90 Love-a-Bye Baby Dol) Banned Smal] Parts
5/90 Boo Pumpkin Banned Small Parts
5/90 Siren Whistles #0624 Banned Small Parts
5/90 Stuffed Bears #N35 Banned Smal] Parts
Stuffed Bears #N37 Banned Small Parts
Stuffed Bears #N395 Banned Small Parts


6.

Mountain climbing

Playground equipment

Shuffleboard

Skateboard

Snowmobiles

Snow skiing

Soccer

Swimming activity, pools and equipment
Table tennis

Tennis, badminton and squash
Toboggans, sleds, snow discs, etc.
Track and field

Trampolines

Unicycles

Volleyball

Water skiing, tubing and surfing
Wrestling

HOME COMMUNICATION, ENTERTAINMENT AND HOBBY EQUIPMENT

Miscellaneous hobby equipment
Pet supplies and equipment
Plants

Sound recording and reproducing equipment
Television sets and stands

PERSONAL USE ITEMS

Cigarettes, etc., lighters, lighter fluids and matches

Clothing, all

Grooming devices

Holders for personal items

Infrared lamps and saunas

Jewelry, watches, keys and key chains
Massage devices

Medical compounds

Paper money and coins

Pencils, pens, and other desk supplies
Protection devices (eyes, ears, etc.)
Razors, shavers and razor blades
Sewing equipment

Umbrellas

PACKAGING AND CONTAINERS FOR HOUSEHOLD PRODUCTS
Cans and other containers

Glass bottles and jars

Paper, cardboard and plastic products

YARD AND GARDEN EQUIPMENT
Chain saws

Decorative yard equipment
Hand garden tools

Hatchets and axes

Lawn and garden care equipment

A7


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT TYPE OF REGULATION PART NUMBER
Caustic poisons HSA Tabeling 1500.129
potash HSA labeling 1500.129
PPPA special packaging 1700.14(a) (5)
soda HSA Tabeling 1500.29(j)
PPPA special packaging 1700.14(a) (5)
Cellulose sponges HSA exemption from labeling 1500.83(a(15)
Cellulose insulation CPSA standard 1209
CPSA labeling 1404
Charcoal briquettes HSA classification as 1500.12(a)(1)
hazardous
special labeling 1500.14(b) (6)
Chemistry sets HSA exemption from labeling 1550.83{a) (23)
exemption from banning 1500.85(a)(1)
Child-resistant packaging (and PPPA criteria and substances 1700
see special packaging) subject
Chlorofluorocabons, self- CPSA labeling requirement 1401
pressurized products containing
Cholestyramine, anhydrous PPPA exemption from special 1700.14(a)(10)(v)
packaging
Cigarette lighters HSA exemption from labeling 1500.83(a) (29)
exemption from labeling 1500.83(a)(20)
Cleaning products HSA exemption from labeling 1500.83(a)(11)
Clothing (see wearing apparel, sleep-
wear
Coal burning appliances (see appliances)
Colestipol PPPA exemption from special 1700.14(a)(10) (xv)
packaging
Combustible hazardous HSA definition 1500.3{c){iii)
substances flashpoint testing 1500. 43a
Conjugated estrogens tablets PPPA exemption from special 1700.14(a) (10) (xvii)
packaging
Consumer product CPSA reporting of sub- 1115

stantial product
hazards

L5


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT TYPE OF REGULATION PART NUMBER
Lawnmowers, power CPSA performance standard, 1205
labeling rule, and
certification rule
Lead in paint HSA ban oa 0.5% (pre- 1500.17(a) (6)
1978
CPSA ban over 0.06% (1978 1303
and later)
Lighter fluid, etc. PPPA = special packaging 1700.14(a)(7)
Lunar caustic (silver nitrate) HSA Jabeling 1500.129(k)
Lye HSA labeling 1500.129(4)
PPPA special packaging 1700.14(a) (5)
Matchbooks CPSA standard 1202
Matches HSA exemption from flamma- 1500.83(a) (2)
bility labeling
Mattresses FFA standard (FF 4-72) 1632
Mebendazole PPPA exemption from special 1700.14(a) (10) (xiii)
packaging
Medroxyprogesterone acetate PPPA exemption from special 1700.14(a) (10) (xix)
tablets packaging
Methy] alcohol (methanol) HSA exemption from labeling 1500.83(a) (10)
labeling 1500.14(a)(4), (b) (4)
exemption from labeling 1500.83(a)(19)
exemption from labeling 1500.83(a) (34)
PPPA special packaging 1700.14(a) (8)
Methylprednisolone PPPA exemption from special 1700.14(a) (10) (xiv)
packaging
Methyl salicylate PPPA = special packaging 1700. 14(a) (3)
Mineral oi? (in toys) HSA exemption from labeling 1500.83{a) (33)
Mineral seal oi] HSA labeling 1500.14(a) (3)
special labeling 1500.14(b) (3)
PPPA special packaging 1700.14(a) (2)

Ili


Citation Action Manufacturer/Importer City & State Zip
16 CFR 1501 Recall] Ty, Inc Oakbrook, IL 60522
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recal}

16 CFR 1501 Recall

16 CFR 1501 Recall Cardinal Teen Toy N. Miami Beach, FL 33179
16 CFR 1501 Recall .
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall Assoc. Merchandising Corp New York, NY 10017
16 CFR 1501 Recall Unique Industries, Inc Philadelphia, PA 19148
16 CFR 1501 Recall Unique Industries, Inc Philadelphia, PA 1914¢
16 CFR 1501 Recall Wisconsin Toy New York, NY 10010
16 CFR 1501 Recall] Chingmaw USA Corp Hoboken, NJ 07030
16 CFR 1501 Recali :

16 CFR 1501 Recall .

16 CFR 1501 Recall Int’1 Marketing Source Franklin Park, IL 60131
16 CFR 1501 Recall Target Stores Minneapolis, MN 55440
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall Battat, Inc Plattsburgh, NY 12901
16 CFR 1501 Recall] Trans Border Buffalo, NY 14222
16 CFR 1501 Recal? Custom Broker

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1511 Recall Consolidated Stores Columbus, OH 43216
16 CFR 1511 Recall

16 CFR 1501 Recall Division Sales, Inc Itasca, IL 60143


ASTM cont’d.

September 6-7 ES: Headform Task Group recommendations on
generic headform specifications for testing
bicycle and other types of helmets

September 6-7 ES & EP: development of a voluntary safety
standard for public playground equipment

BIC CORPORATION
May 4 EXPB & OGC: child-resistant cigarette lighters
BICYCLE FEDERATION OF AMERICA

May 31 EXPB: mandatory bicycle helmet use laws
BOGGS & BLOW
September 13 OGC & EXPB: California Proposition 65

BRUSSELS COMMISSIONER FOR EUROPEAN COMMUNITIES,
THE HONORABLE KAREL VAN MIERT

March 2 Chairman Jacqueline Jones-Smith: international
product safety

BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL (BOCA)

January 8-10 EXPB & ES: Mid-Winter Public Hearing: CPSC code
Proposals on swimming pool barriers and
woodburning heating equipment

June 26-27 «  EXPB: Annual Conference - 1990 proposed changes
to the BOCA National Codes, including pool
barriers and woodheating wall pass-through systems

BUSINESS COUNCIL ON INDOOR AIR QUALITY

January 19 Chairman Jacqueline Jones-Smith: introductory
courtesy call and to discuss the direction of CPSC
on indoor air quality issues

January 30 EXPB: indoor air

May 24 Commissioner Anne Graham/staff: indoor air
quality

May 24 Commissioner Caro} G. Dawson: indoor air quality

June 1 Chairman Jacqueline Jones-Smith: courtesy call

and to discuss CPSC indoor air quality projects

c-9


Date

Firm and Product

Alleged Hazard

Remedy

6/90

6/90

6/90

6/90

Harrison-Hoge
Industries Inc.
Station, NY

“Stomach Elimina-
tor" exerciser

Deere and Company
Moline, IL

Model 14SB and 14PB
Rotary Lawn Mowers

Bianchi, USA, Inc.
Francisco, CA

"Randonneur" model
bicycle

Micromar

. Manufacturing

Corporation
London, Ontario

Ceramic Disc Type
Portable Electric
Heater

Springs, footpedals
or clips may break
during use and strike
the user causing
serious facial or
body injuries,
namely, factures,
concussion, loss of
teeth and eyesight,
or stitches to facial
areas.

On some units the
kick-back on the
starter rope can
result in a sprain or
fracture to the
user’s arm.

A rider could fall if
fork were to crack
and break during use.

Arcing across a crack
in the disc may
present a fire
hazard.

F38

Firm provided a
refund of $15 or
a credit of $20
toward other
Harri son-Hoge
products to
consumers who
called their 800
number.

Consumers owning
these units can
obtain free
modification of
the mower by
contacting the
local John Deere
dealer.

“On August 14,

1990 the firm
issued a joint
press release
with the
Commission
announcing a
recall.

Consumers are to
return affected
units to firm
for repair or
replacement.


INSTITUTE OF SHORTENING AND OILS

June 25 Chairman Jacqueline Jones-Smith: general CPSC
issues

INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS (ICBO)

January 24-26 EXPB: open hearing on 1990 proposed code changes
on swimming pools and woodburning heating
equipment

September 11-13 EXPB: Annual business meeting to discuss CPSC

staff proposal on barriers for swimming pools,
spas, and hot tubs

INTERNATIONAL ORGANIZATION FOR STANDARDIZATION

April 23-25 Commissioner Carol G. Dawson (speaker) and
CPSC staff: consumer safety

INTERNATIONAL SLEEP PRODUCTS ASSOCIATION (ISPA)
February 7 ES: coordination of full scale testing with
potential use of CPSC HAZ.1 (simplified version of
HAZARD1 computer fire model)

JOINT TASK FORCE ON LP-GAS ODORIZATION

January 23 ES: research results and plans in area of LP-gas
odorization
August 29 ES: issues relating to odorization of LP-gas,

possible improvements, and testing results

JUVENILE PRODUCTS MANUFACTURERS ASSOCIATION (JPMA)

August 15 Chairman Jacqueline Jones-Smith: introductory
courtesy call
September 7 Chairman Jacqueline Jones-Smith & CPSC staff:

Baby Safety Week news conference
KODAK CORPORATION

September 24 ES: quick connect couplings for LP-gas use
LAB TEST INTERNATIONAL

January 10 EXPB: choking hazards
March 16 HS: small parts - choking hazards

C-16


FIELD OFFICE EASTERN REGION
(Continued)

Virginia

Ms. Betty W. Blakemore

Director, Office of Consumer Affairs

Department of Agriculture and
Consumer Services

1100 Bank Street-P.0. Box 1163

Richmond, Virginia 23209

(804) 786-4070

FAX: (804) 371-7479

Virgin Islands

Mr. Louis Penn, Assistant

Commissioner, Department of Licensing
and Consumer Affairs

Property & Procurement Building

#1 Sub-basement - Room 205

St. Thomas, Virgin Island 00801

(809) 774-3130

FAX: (809) 778-8250

West Virginia

Mr. Andrew A. Brown

Technical Assistant

c/o West Virginia Department of Labor
1800 Washington St. East-Room 319
Charleston, West Virginia 25305

(304) 348-7890

FAX: (304) 348-3797

FIELD OFFICE CENTRAL REGION

Alabama

Mr. James J. McVay

Office of Health Prevention and
Information

Department of Public Health

434 Monroe St. Rm. 644

Montgomery, Alabama 36130-1701

{205) 261-5095

FAX: (205) 240-3097

3-24

FIELD OFFICE CENTRAL REGION
(Continued)

Georgia

Mr. Barry W. Reid

Administrator, Office of Consumer
Affairs

2 Martin Luther King Dr.

Plaza Level East

Atlanta, Georgia 30334

(404) 656-3790

FAX: (404) 651-9018

Hlinois

Ms. Edith Sternberg

Chief, Center for Health Promotion

Illinois Department of Public
Health

525 W. Jefferson Street

Springfield, Illinois 62761

(217) 785-2060

FAX: (217) 782-3987

Indiana

Mr. Roger McClain

Director, Division of Health
Education

Indiana State Board of Health

1330 W. Michigan St.-P.0.Box 1964

Indianapolis, Indiana 46206-1964

(317) 633-0267

FAX: (317) 633-0776

Towa

Mr. Jack Kelly

Director, Division of Disease
Prevention

Iowa State Department of Health

Lucas State Office Building

East 12th and Grand

Des Moines, Iowa 50319

(515) 281-7785

FAX: (515) 281-4958


Project Involvement
(M=Monitor;

P=Participate)

Standards
Group/Standard

ELECTRICAL & POWER EQUIPMENT

All-Terrain Vehicles
Chain Saws

Hairdryers

National Electrical Code
Electric Outlets

Riding Mowers

Shock Protectors

EMERGING HAZARDS

M

Ss uv & = FR

ANSI/SVIA-1 1990
ANSI (B175.1)

UL (859)

NFPA (70)

UL (498)

ANSI (B71.1)

UL (943),

UL (1664) &
ANSI (C101.1)

& VULNERABLE POPULATIONS

Bicycle Helmets

Bunk Beds

Cribs

Playground Equipment, Home
Playground Equipment, Public
Playground Surfacing

Toy Safety

=z 0 DV OU RF RR

E-11

ANSI (290.4)
ASTM (F15.30)
ASTM (F15.24)
ASTM (F15.09)
ASTM (F15.29)
ASTM (F08.52)

ASTM (F15.22)


FIELD OFFICE WESTERN REGION

Arkansas
Department of Health
Recall Checks
In-depth Investigations
ATV Dealer Training
ATV Surveillance
California
Department of Health Services

Recall Checks
ATV Surveillance

University of California
At Irvine Poison Center

PPPA/Pharmacy
Incident Reports

Colorado
Department of Health
Recall Checks
In-depth Investigations
ATV Dealer Training
ATV Surveillance
Tri-County Health Department
In-depth Investigations
Guam
Government of
Recall Checks
Idaho
S. E. District Health Department

ATV Surveillance

Louisiana

Lou1siana Cooperative Extension
Service

ATV Dealer Training
Nevada
Department of Consumer Affairs
ATV Dealer Training
Recall Checks
ATV Surveillance
New Mexico
Department of Health
ATV Surveillance
Bernalillo County Fire Department
Fireworks
Oklahoma
Department of Health
Recall Checks

ATV Surveillance
In-depth Investigations

Oregon

Gresham Fire Department
Fireworks

Department of Health

ATV Surveillance

5-8


COLORADO STATE HEALTH DEPARTMENT

June 25 Chairman Jacqueline Jones-Smith:
safety initiatives

COLORADO STATE GOVERNOR, THE HONORABLE ROY ROMER

June 25 Chairman Jacqueline Jones-Smith:
initiatives

COMMUNITY PAPERWORKS
February 21 EXPB: swimming pool barriers

CONNECTICUT STATE DEPARTMENT OF CONSUMER PROTECTION

future product

product safety

Apri] 19 Chairman Jacqueline Jones-Smith: AFDO/CPSC
cooperation; Federal/State cooperative
relationships

CONSERVATION FOUNDATION
October 3-4 EXPB: policy dialogue
January 30-31 EXPB: asbestos in buildings
CONSUMER ALERT
October 25 Commissioner Carol G. Dawson/staff: public policy

for 1990 and beyond
CONSUMER FEDERATION OF AMERICA (CFA)

October 30 OGC: general CPSC issues

December 14 Chairman Jacqueline Jones-Smith: introductory
courtesy call

March 15-16 Commissioner Anne Graham/staff; Commissioner Carol
G. Dawson’s staff: Consumer Assembly 1990

March 16 Chairman Jacqueline Jones-Smith (speaker):
Consumer Assembly 1990

May 17 Public Hearing: Priorities for FY 1992

May 24 Chairman Jacqueline Jones-Smith:
CPSC Budgets

CONSUMER INFORMATION CENTER (CIC)

August 14 Chairman Jacqueline Jones-Smith:

FY 91 and FY 92

ways CPSC and

the CIC can work together to increase distribution
of consumer information publications

C-12



APPENDIX F

Voluntary Corrective Action
Plans and Product Recalls


Date

Firm and Product

Alleged Hazard

Remedy

6/90

6/90

6/90

6/90

McCrory Corporation
York, PA

School/Craft supply
"Value Pack"

Scotty’s, Inc.
Winterhaven, FL

Tabletop propane
grill

Sunbeam Appliance Co.
Brown Deer, .WI

Deluxe 12-Speed
Mixmaster Mixer

Fu Cheong Industrial
Ltd

Tuen Mon, New
Territory, Hong Kong

Electric Sandwich
Grill

Children may cut
themselves when using
the razor blade
knife.

In some cases the
control knob for the
propane cylinder may
catch fire resulting
in a potential for
fire or burns.

If the housing is
contacted by internal
parts it may be
electrified and
present an electric
shock hazard.

The unit could.
overheat and cause a
fire.

F-39

Consumers who
purchased “mini-
cutters" as part
of a "Value
Pack" before
January 25,
1990, may return
them for a $.50
rebate.

Scotty’s is
offering a
replacement
grill at no
charge, or
refund to

consumers.

Consumers are
asked to return
defective units

“to Sunbeam for

free
replacement.

Consumers will
be contacted
directly by
mail. Upon
return of their
unit to the
firm, they will
receive a free
replacement.


FIELD OFFICE WESTERN REGION
Continued

Colorado

Mr. Tom Messenger, Director
Colorado Department of Health
4210 East 11th Avenue

Denver, Colorado 80220

(303) 331-6752

FAX: (303) 355-6539

Guam

Dr. Leticia V. Espalon
Director, Department of Public
Health and Social Services

Government of Guam

P.0. Box 2815
Agana, Guam 96910
FAX: (none)
9-1-OATT-01}
(671) 734-7102
FAX: NONE

Hawaii

Mr. Philip Doi

Director

Office of Consumer Protection
State of Hawaii Dept. of

Commerce and Consumer Affairs

250 South King Street-P.0.Box 3767
Honolulu, Hawaii 96812

(808) 548-2560

FAX: (808) 548-6062

Idaho

Ms. Chris Bivens, Consumer Specialist
Consumer Protection Unit

Attorney General’s Office

Statehouse, Rm. 210

Boise, Idaho 83720

(208) 334-2424

FAX: (208) 338-9235

J-27

FIELD OFFICE WESTERN REGION
(Continued)

Louisiana

Ms. Mary Travis

Chief, Consumer Protection Section
Louisiana Attorney General’s Office
P. 0. Box 94005

25th Floor, Capitol Building

Baton Rouge, Louisiana 70804

(504) 342-7013

FAX: (504) 342-7335

Montana

Ms. Mitzi A. Schwab

Chief, Food & Consumer Safety

Bureau

Department of Health and
Environmental Sciences

Cogswell Building

1400 Broadway

Helena, Montana 59620

(406) 444-5306

FAX: (406) 444-2606

Nevada

Ms. Shari Compton, Commissioner
State of Nevada Dept. of Commerce
Consumer Affairs Division

2601 East Sahara

Las Vegas, Nevada 89158

(702) 486-4150

FAX: (702) 486-4176

New Mexico

Mr. Robert Lucero

Health Educator

Injury Control Program

Division of Health Services

New Mexico Health and Environment
Dept.

P. 0. Box 968

Santa Fe, New Mexico 87503

(505) 827-2382

FAX: (505) 827-0097


REFERENCE SOURCE

TITLE 16 CFR
PRODUCT ACT =‘ TYPE OF REGULATION PART NUMBER
Acetaminophen PPPA = special packaging 1700.14(a) (16)
exemption 1700.14(a) (16) (i), (ii)
Acetic acid HSA labeling 1500.129(g)
Adhesives, HSA labeling 1500. 133
containing methyl alcohol HSA exemption from 1500.83(a) (34)
labeling
nitrocellulose base HSA exemption from 1500.83(a) (10)
labeling
floor covering HSA exemption from 1500.83(a) (13)
Jabeling
extremely flammable contact CPSA ban 1302
CPSA to be regulated 1145.3
under CPSA
Aerosols (see self-pressurized HSA suggested labeling 1500.130
products)
Aluminized polyester film kite HSA ban 1500.18(c)(1)
Ammonia, ammonia water (house- HSA labeling 1500.129(q)
hold), ammonium hydroxide
Antennas
(CB base station and TV) CPSA labeling requirement 1402
(Omnidirectional CB base CPSA performance and 1204
Station) certification
Antifreeze, ethylene glycol- HSA labeling 1500.132
base PPPA special packaging 1700.14(a)(11)
Antiquing kits HSA exemption from 1500.83(a) (25)
labeling
Appliances, coal and wood- CPSA provision of perfor- 1406
burning mance and technical
data
Architectural glazing materials CPSA safety standard 1201
Art materials HSA exemption from ban 1500.85(a) (4)
Artist's paints CPSA exemption from lead 1303.3(c) (2)
Limit
Asbestos-containing patching CPSA ban 1304
compounds CPSA to be regulated 1145.4

under the CPSA

1-3


NEW JERSEY CONSUMER AND BUSINESS ISSUES FORUM

July 17 Chairman Jacqueline Jones-Smith & CPSC staff:
general CPSC matters

NINA STREITFIELD, INC.

September 14 Commissioner Anne Graham/staff: suggestions to
parents for selecting safe toys for Christmas

OKLAHOMA STATE SAFE KIDS COALITION
August 15 Chairman Jacqueline Jones-Smith: toy safety
OUTDOOR POWER EQUIPMENT INSTITUTE (OPEI)

April 26 Chairman Jacqueline Jones-Smith: introductory
courtesy call

May 15 EXPB & other CPSC staff: riding mowers project
activities

July 28 - July 31 ES, EXPB & other staff: 1990 International Lawn

Garden and Power Equipment EXPO and OPEI Riding
Mower Working Group Meeting

PASS & SEYMOUR/LEGRANDE

December 4 EXPB: CPSC’s fire prevention guide project
PEOPLES DRUG STORES

October 12 EXPB: toy safety
PLAYTHING

February 16 Commissioner Anne Graham/staff: toy safety issues

POISON PREVENTION WEEK COUNCIL

December 12 EXPB & Chemical Hazards Team: plans for 1990
observance of National Poison Prevention Week

March 16 Chairman Jacqueline Jones-Smith: National Poison
Prevention Week

March 23 Chairman Jacqueline Jones-Smith: National Poison

Prevention Week news conference

PUBLIC CITIZEN

April 12 Commissioner Anne Graham: CPSC in general

C-22


Voluntary Corrective Action Plans Under

Section 15 of the Consumer Product Safety Act and
Section 15 of the Federal Hazardous Substances Act

Date

Firm and Product

Alleged Hazard

Remedy

10/89

10/89

10/89

Dreamline Mfg. Inc.
Cabot, AR

Bunk Beds

McCrory Corporation
York, PA

Baby’s First Gift Set
with hanging crib
toy, "Melody Bells"

Foster-Forbes Glass
Division, American
National Can
Marion, IN

16 0z. Non-return-
able glass flint soda
bottels distributed
6/14/89 to 7/14/89

Ledges on side rails
are the only means of
support for mattress
support system. The
mattress support
system may collapse
causing death or
injury to children on
the beds or to
children playing on
the floor under the
bed.

Product presents a
risk of strangulation
to infants five
months of age and
older.

The glass soda bottle
has the potential to
explode once the soda
has been packaged,
stored and/or
distributed.

F-22

The firm
provided point-
of-purchase
posters to all
customers
notifying
consumers of the
availability of
free cross wire
kits.

_Consumers should

return product
to retailer for
full refund.

The firm
adjusted its
packing machine
and the bottler
recalled all the
defective
bottles from
consumers and
the market
place.


The Commission made recommendations on the
design and operation of electrical receptacle outlets
These recommendations are being used by
Underwniters Laboratories (UL) as a basis for making
extensive revisions to UL’s voluntary standard for this
electrical system component. In 1987, receptacle outlets
were involved in an estimated 4,800 fires resulting in
40 deaths, 140 injuries and $29.1 mullion in property
loss.

Based on Commission staff proposals, three of
the four major model building code organizations
incorporated barrier requirements for residential
swimming pools and spas. These requirements restrict
access by young children to pools and spas and, when
adopted by state and local jurisdictions, have the
potential to prevent many accidental drownings and
near-drownings. Approximately 350 young children
drown in residential pools and spas each year. In
addition, one state (Arizona) and several focal
jurisdictions adopted barrier requirements based on
Commission staff recommendations. The Commission
continued to participate in the National Swimming
Pool Safety Committee and in many state and local
coalitions to promote the use of barriers and prevent

drownings.

As a result of CPSC staff proposals,
Underwriters Laboratories amended two woodheating
appliance voluntary standards, incorporating improved
installation instructions. Also, the Southern Building
Code Congress International, the Building Officials
and Code Adminustrators, and the International
Conference of Building Officials, at the request of
CPSC staff, adopted model building code provisions
related to woodburning appliance and chimney
installation. The availabilty of these codes and the
UL amendments should help reduce the thousands of
residential fires each year involving wood stoves and
chimneys.

The Commission staff proposed amendments to
the UL voluntary standard for kerosene heaters to
meorporate labeling to warn consumers about the risk
of flare-up.

At the close of the year the Commission staff was
providing technical support to 38 voluntary standards
development projects. Most of these were being
developed by three national consumer voluntary
standards groups: ASTM, ANSI, and UL.

INTERNATIONAL AFFAIRS

CPSC participated in several U.S. interagency
committees in the international arena. The Interagency
Working Group on European Community Standards,
Testing and Certification, headed by the Department
of Commerce, was created in early 1989 to follow
European Community developments. CPSC staff
attended several meetings of this working group and
contributed many comments. This group reviewed
numerous European Community activities. The
Technical Business Assistance Group, another inter-
agency committee headed by the Department of
Commerce, provides business development assistance
to Eastern and Central European countries. The
Commission provided a paper offering product safety
assistance to this group.

The Commission participates in the interagency
committee headed by the Office of the U.S. Trade
Representative to help establish General Agreement
on Tariffs and Trade (GATT) guidelines regarding the
exportation of domestically prohibited goods and
waste materials. CPSC staff participated in discussions
leading to the establishment of a U.S. Position on this

issue and provided information about the requirements
of the Federal Hazardous Substances Act and the
Commission’s export policy concerning hazardous
products, CPSC staff, also provided information to
an interagency committee reviewing the possibility of
creating a free trade area between the U.S. and
Mexico.

The Commission participates in the Committee
on Consumer Policy and Working Party No. 3 on the
Safety of Consumer Products of the Organization of
Economic Cooperation and Development (OECD).
This is CPSC’s most durable international project,
dating from 1975. The Commission provides OECD
with information about product bans, recalls and
product research.

CPSC works closely with the National Institute
of Standards and Technology in its work on standards
development in the European Community. The
Commission also obtains from the Institute, copies
of GATT notifications about standards and other
developments in member countries.


INTRODUCTION

Seeking to protect consumers from unreasonable nsks of jury associated with consumer products, Congress
passed the Consumer Product Safety Act (CPSA) in the fall of 1972. The U.S. Consumer Product Safety
Commission (CPSC) began formal operations on May 14, 1973. More than 15,000 different consumer products
fall under the Commission’s jurisdiction under the CPSA alone, one of five statutes administered by the
Commission. These products are involved in an estimated 29 million injures and 22,000 deaths each year. CPSC
monitors the market extraordinarily well, especially given its small size—some 500 employees and an annual
budget of about $35.1 million. In one decade alone, from 1976 to 1986, deaths associated with consumer products
declined by 27 percent.

Today, many industries recognize the importance of product safety by supporting the Commnission’s role
in preventing unsafe products from reaching consumers. Most manufacturers and retailers now market safer
products with greater consumer acceptance than a decade ago, and industry has reduced manufacturing, marketing
and customer service costs in the process. Clearly, safer products have bolstered industry’s profit potential and
improved consumer confidence.

In hght of prospects for increased and at times fragmented regulation by state governments, and the need
for American manufacturers to compete successfully, this is perhaps the first tme in two decades that business
and consumers appear to support a strong Federal presence in product safety. The fiscal realities of the ’90s
make it essentral for consumers, industry, other government entities, and CPSC to work together to promote
product safety in the United States and in the competitive world market.

Many consumer product hazards can be resolved through voluntary standards, thereby reducing the need
for outright Federal regulations When necessary, Federal standards will be used to reduce unreasonable risks
associated with consumer products Safer products will require the best efforts of consumers, industry,
and government.

CPSC 1s dedicated to maintaining a positive relationship with consumers, Congress, state and local
governments, and industry. In a partnership with consumers, industry, and government, the Commussion can
make consumer product safety a hallmark of this final decade of the 20th century.

Over the past 17 years, the Commission has pursued a multifaceted approach to reduce consumer inyuries by:
© Cooperating and working with industry to develop voluntary safety standards;

Issuing and enforcing mandatory standards where appropnate;

* Banning products for which no reasonable standard would adequately protect the public;

* Securing the recall and repair of consumer products that present substantial or imminent hazards to users;
© Researching potential hazards of products in the marketplace; and

© Conducting information and education programs to alert consumers about potential product hazards
and how to use products safely.

In addition to exercising the authority granted it by the Consumer Product Safety Act of 1972, the
Commission also regulates products covered by the Flammable Fabrics Act, the Federal Hazardous Substances
Act, the Poison Prevention Packaging Act of 1970, and the Refrigerator Safety Act.

Shortly after the beginning of the 1990 Fiscal Year, Jacqueline Jones-Smith became Chairman of the
Commission, for a seven-year term ending in 1996, giving the Commission a quorum and enabling several formal
actions to be taken. Commissioner Anne Graham served as Acting Chairman until the permanent Chairman
was nominated and confirmed, and Commissioner Carol Dawson began a one-year term as Vice-Chairman
in January 1990.


FEDERAL-STATE-LOCAL COOPERATIVE PROGRAM

COMMISSIONING PROGRAM

Section 29(a)(2) of the Consumer Product Safety Act provides the
Commission with the authority to commission State and local officers for
conducting any of three activities on behalf of the CPSC: investigations,
inspections, and sample collections.

Under Section 29(a)(2) of the Consumer Product Safety Act, the Commission
may commission any qualified officer or employee of any State or local agency
as an officer of the Commission for the purpose of conducting examinations,
investigations, and inspections.

Commissioning has the effect of making a State or local employee a
Federal officer. In furtherance of the Congressional Mandate to establish a
program to promote Federal/State cooperation, the Commission assists in
training State and local officials to qualify for a commission. After
commissioning, those officials are knowledgeable in CPSC procedures for
inspections, investigations, sample collection, and preparation and submission
of reports.

State(s) or Commissioned
Commonwealth Department Officers

Field Office Eastern Region

Connecticut Department of Mary Heslin
Consumer Protection Joan Jordan

Lois Bryant

Cynthia M. Clavette

Mora Abrams Martin

Vincent J. Pugliese, Jr.

Delaware Board of Pharmacy Thomas Tulbert
Martin Golden

William H. Knotts

Alicia S. Kluger

Paul Davis

Kline G. Kemp dr.

Bonnie J. Wallner

Division of Joyce P. Johnson

Consumer Affairs Lisa K. Vague
Betty Sue Diznoff

J-10


NATIONAL CONFERENCE ON PRODUCTS LIABILITY LAW

March 30 Commissioner Carol G. Dawson: speaker on product
recalls

NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA)
March 7 ES: causes of appliance cord failures
June 29 EXPB & ES: thermal cutoff devices, receptacles,
extension cords, heat tapes, smoke detectors, and
Fire Prevention Guide
NATIONAL ENVIRONMENTAL HEALTH ASSOCIATION
June 23 EXPB: indoor air quality problems
NATIONAL FIRE INFORMATION COUNCIL (NFIC)

March 28 EXPB & EP: data collection coordinated through
NFIC

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

April 18-19 ES: public comments on the draft standard on home
extinguishers

May 17 Public Hearing: Priorities for 1992

September 13 Household Structural Products Program Team:

issues related to the safety of gas fired
appliances
NATIONAL 4-H COUNCIL

October 25 EXPB, OGC & other CPSC staff: 4-H ATV safety
program

March 30 Chairman Jacqueline Jones-Smith: 4-H ATV safety
program

NATIONAL INSTITUTE OF BUILDING SCIENCES (NIBS)

December 11-12 EXPB: development of a performance test method for
smoke toxicity
May 11 EXPB: progress towards a fire toxicity hazard

performance test period
NATIONAL INSTITUTE FOR ENVIRONMENT HEALTH SCIENCES

October 12 HS: proposed testing of non-asbestiform tremolite

C-19


State or
Commonwealth

Department

Field Office Western Region (continued)

Montana

New Mexico
Oklahoma

Oregon

Texas

Washington

Wyoming

3-21

Department of Health &
Environmental Services

Board of Pharmacy

Health & Environment Department
State Department of Health

Office of State Fire Marshal
Board of Pharmacy

Department of Health
Board of Pharmacy

Board of Pharmacy

Board of Pharmacy


Date Product Model Violation

1/90 8 Stuffed Animals Jake, #7001A-Monkey Banned Smal] Parts
Al E. Kat, #111-Cat Banned Small Parts
- Fritz, #2002-Dog Banned Smal] Parts
Super Fritz, #9002-Dog Banned Small Parts
Harris, #1115-Lion Banned Small Parts
Patt1, #1118-Panther Banned Smal1 Parts
Lovie, #8001-Lamb Banned Smal] Parts
Petunia, #6001-Pig Banned Small Parts
1/90 Mini Skateboard Toy Panda-Monkey-Koala#N332 Banned Smal] Parts
Loco w/Smoke Stack #7255 Banned Small Parts
Wind-Up Animals Jumping & Swimming #147 Banned Smal] Parts
Pull-back Toys Plane-Train-Truck - #76 Banned Small Parts
1/90 Music Maker Elephant  #29/555 Banned Small Parts
1/90 Jet Plane #8883 Banned Smal] Parts
1/90 Plastic Racers #8830 Banned Small Parts
1/90 Educational Clown #2514P Banned Small Parts
1/90 Piano Phone #CH888 Banned Smal] Parts
Cake Organ #WA880 Banned Smal] Parts
Burger Organ #98101 Banned Smal] Parts
1/90 Alphabet Blocks #7191 Banned’ Small Parts
2/90 Pumper Truck My First Buddy - #4505N Banned Small Parts
Wrecker Truck My First Buddy - #4500N Banned Small Parts
Potpourri Baby Dol] #442 Banned Small Parts
2/90 Activity Center #BK-06 Banned Smali Parts
2/90 10 Stuffed Animals Bonny Bunny 15"-HE125GL Banned Small Parts
With Flowers Bonny Bunny 13"-HE125GM Banned Small Parts
Bonny Bunny 9"-HE125GS Banned Small Parts
Bunny 9.5"-HE128WM Banned Small Parts
Bunny 7.5"-HE128WS Banned Smal? Parts
Rosemary Bear6"-HVO14WA Banned Small Parts
White Bear 6"-PZ0077 Banned Small Parts
Blossom Bear 13"-H331GL Banned Small Parts
Blossom Bear 6"-H331GS Banned Smal] Parts
Wiskers Cat 10"-H317BM Banned Small Parts

2/90 Bib to Bowl Pacifiers #1852037 Banned Pacifier

Bib to Bowl Pacifiers #1852045 Banned Pacifier
2/90 Woodblock Pull Toy #77791 (WP471) Banned Smal] Parts


Citation Action Manufacturer/Importer City & State Zip
16 CFR 1500.3 Recall. Davis, Inc Piscataway, Nd 08852
(c) (6) (viii)

16 CFR 1501 Recall Artsana of America, Inc New York, NY 10010
16 CFR 1501 Recall Stahlwood Mfg Co., Inc Yongsville, NC 27956
16 CFR 1501 Recall

16 CFR 1632 Recall Troy Mattress Co. Albany, NY 12204
16 CFR 1501 Recall A.L. Investors, Inc Denver, CO 80216
16 CFR 1303 Recall Lillian Vernon Corp Mt. Vernon, NY 10550
16 CFR 1501 Recall] Lillian Vernon Corp. Mt. Vernon, NY 10550
16 CFR 1303 Recall] Samuel] Holsberg & Co, Inc Boston, MA 02210
16 CFR 1303 Recall

16 CFR 1501 Recall Toys "R" Us Paramus, Nd 07652
16 CER 1501 Recall Lovee Doll & Toy Co. Brooklyn, NY 11207
16 CFR 1501 Recall International Playthings Riverdale, Nd 07457
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1511 Recall Only One Dollar, Inc Norfolk, VA 23513
16 CFR 1303 Recall Toys "R" Us Paramus, Nd 07652
FHSA - Recall Media Arts Int’1, Ltd Philadelphia, PA 19127
Sec. 2(p)(1)

16 CFR 1501 Recall] £. Fomil & Sons, Inc Burlingame, CA 94010
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recal]

16 CFR 1501 Recall McCrory York, PA 17402
16 CFR 1501 Recall Norman J. Lewis Assoc New York, NY 10010

F-17


UNITED ST

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antes



Date

Firm and Product

Alleged Hazard

Remedy

8/90

8/90

8/90

Tache-Haddad
Enterprises
New York, NY

Electrical
Transformer

Saiko Enterprises
Long Island City, NY

Electrical
Transformer

Sprint International
Brooklyn, NY

Electrical
Transformer

When one plug is
inserted into a wall
receptacle first, the
plug at the other end
is electrically
charged. Consumers
could received severe
electrical burns or
be electrocuted if
they touch the
energized plug.

When one plug is
inserted into a wal}
receptacle first, the
plug at the other end
is electrically
charged. Consumers
could received severe
electrical burns or
be electrocuted if
they touch the
energized plug.

When one plug is
inserted into a wall
receptacle first, the
plug at the other end
is electrically
charged. Consumers
could received severe
electrical burns or
be electrocuted if
they touch the
energized plug.

F-43

The firm
cooperated in a
joint press
release with
CPSC and the
N.Y. Attorney’s
General’s Office
and will provide
a full refund to
consumers who
purchased the
product.

The firm
cooperated ina
joint press
release with
CPSC and the
N.Y. Attorney’s
General’s Office
and will provide
a full refund to
consumers who
purchased the
product.

The firm
cooperated in a
Joint press
release with
CPSC and the
N.Y. Attorney’s
General’s Office
and will provide
a full refund to
consumers who
purchased the
product.


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT TYPE OF REGULATION PART NUMBER
Ethylene glycol antifreeze HSA labeling 1500.132
Expandable children’s enclosures CPSC to be regulated under 1145.13
the CPSA
Exports (noncomplying products) All reporting requirements 1019
Extremely flammable contents of HSA definition 1500.3(c)(6), (vii)
self-pressurized containers method to determine 1500.45
flashpoint testing 1500.46
exemp. from label. 1500.83(a) (1)
Extremely flammable HSA definition 1500.3(c) (6) (i)
hazardous substances testing method 1500.43a
Extremely flammable solids HSA definition 1500.3(c) (6) (v)
testing method 1500.44
Eye irritants HSA testing method 1500.3(b) (8), (c) (4)
definition 1500.42
Fabrics FFA flammability 1602-1632
Felt-tip marking devices HSA labeling exemption 1500.83(a) (9)
Ferrous oxalate HSA exemption from labeling 1500.83(a) (17)
Fertilizers, dry granular HSA exemption from labeling 1500.83(a)(21)
Fire extinguishers HSA exemption from labeling 1500.83(a)(24)
labeling, warning 1500.15(a),(b)
Fireworks HSA ban (more than 2 grains 1500.17{a) (3)
pyrotechnic material
for audible reports)
exemption from labeling 1500.83(a) (27)
agricultural exemption 1500.17(a)(3)
exemption from 1500.85(a) (2)
classification
special labeling 1500.14(b) (7)
ban (firecrackers 1500.17(a)(8) & 9
More than 50 mg.)
safety requirements 1507
First Aid HSA policy for emesis 1500.134

labeling

18


State or
Commonwealth

Department

Field Office Eastern Region (continued)

Pennsylvania

Puerto Rico

Rhode Island

South Carolina

Vermont

Virginia

Virgin Islands

West Virginia

Field Office Central Region

Department of Health
Injury Prevention Program

Department of Consumer
Affairs (DACO)
Board of Pharmacy

Rhode Island Consumers’ Council
Division of Drug Control

Department of Consumer Affairs
Board of Pharmacy

Department of Health &
Environmental Control
Office of the Attorney General

Office of Consumer Affairs
Department of Agriculture &
Consumer Services

Board of Pharmacy
Consumer Services Administration

West Virginia Department
of Labor
Board of Pharmacy

Alabama Department of Public Health
Georgia Office of Consumer Affairs
Illinois Illinois Department of Public Health

Office of Environmental Health
Indiana Indiana State Board of Health
Towa Jowa State Department of Public Health
Kansas Department of Health & Environment
Kentucky Department of Human Services

5-19


UNITED STATES
CONSUMER PRODUCT
SAFETY COMMISSION

FISCAL YEAR
1990

ANNUAL REPORT

This annual report of the U.S. Consumer Product Safety
Commission is submitted to the President and the Congress of
the United States in fulfillment of the requirements of the Consumer
Product Safety Act of 1972 (P.L. 92-573). It covers the activities
and accomplishments of the Commission during Fiscal Year 1990,
from October 1, 1989 through September 30, 1990.


Date Firm and Product Alleged Hazard Remedy
8/90 Esaw Industries When one plug is The firm
South River, NJ inserted into a wall cooperated in a
receptacle first, the joint press
Electrical plug at the other end release with
Transformer is electrically CPSC and the
charged. Consumers N.Y. Attorney’s
could received severe General’s Office
electrical burns or and will provide
be electrocuted if a full refund to
they touch the consumers who
energized plug. purchased the
product.
8/90 Solar Impex When one plug is The firm
New York, NY inserted into a wall coqperated in a
receptacle first, the joint press
Electrical plug at the other end release with
Transformer is electrically CPSC and the
charged. Consumers N.Y. Attorney’s
could received severe General’s Office
electrical burns or and will provide
be electrocuted if a full refund to
they touch the consumers who
energized plug. purchased the
product.
8/90 MicroComputer A defective ballast Owners should
Accessories, Inc. could overheat to contact the
Los Angeles, CA about 175 degrees F, company for free
producing an odor and replacement of
Workmaster Task Lamp, causing the ABS the #5550 Task
Model No. 5550C ballast housing to Lamp.
deform.
8/90 Virco Mfg. The chairs have the The firm wil?
Corporation potential to collapse either retrofit

Los Angeles, CA

Series 8900
stacking chairs

due to structural
flaws in the frames
which could result in
an occupant falling
to the ground.

F-44

or replace the
defective chairs
with safely
designed chair
frames.


APPAREL FIRE SAFETY INSTITUTE

January 18 Commission Meeting: adult sleepwear
APPAREL MANUFACTURERS (representatives of)

May 30 Fire/Burn Team: nightwear for the elderly
AQUATIC INJURY SAFETY GROUP (AISG)

April 5 ES: CPSC child drownings project
ARKANSAS STATE OFFICE OF THE GOVERNOR

September 23-24 Chairman Jacqueline Jones-Smith: participating in
Childcare/Arkansas Week 1990 and Child Day
activities

ARMSTRONG INDUSTRIES, INC.

October 13 EXPB, HS, ES & OIPA: work practices for
replacement/removal of flooring products
containing asbestos

ARMY AND AIR FORCE EXCHANGE SERVICE (AAFES)

June 26 Chairman Jacqueline Jones-Smith & CPSC staff:
CPSC/AAFES Memos andum of Understanding

ASBESTOS INFORMATION ASSOCIATION

November 20 EXPB & Indoor Air Quality Focus Team: issues
associated with revisions to Asbestos in the Home
booklet

September 18 Chairman Jacqueline Jones-Smith (speaker): the

Asbestos Information Association’s 20th Annual
Meeting and Industry-Government Conference

ASSOCIATION OF FOOD AND DRUG OFFICIALS (AFDO)

April 19 Chairman Jacqueline Jones-Smith: AFDO/CPSC
cooperation; Federal/State cooperative
relationships

dune 25 Chairman Jacqueline Jones-Smith: CPSC agenda,

goals and priorities
ASSOCIATION OF HOME APPLIANCE MANUFACTURERS (AHAM)

December 7 EXPB & other CPSC staff: humidifier cleaning and
use instructions

July 19 EXPB & others: humidifier cleaning procedures

C7


Date

Firm and Product

Alleged Hazard

Remedy

10/89

10/89

10/89

Mitchell
Manufacturing Co.
Milwaukee, WI

Folding Mobile
Tables, 50 inches or
higher when folded.

E-Z-Go Division
Textron, Inc.
Augusta, GA

“E-Z-Go" brand
Electric Golf Carts,
Models X-400 &

Model X-444,
utilizing the lester
DC cordsets with
either the red or
black molded neoprene
2 prong plugs or the
Lester 8020 hard
yellow plastric plug
and 8045 receptacle.

The Thermos Company
Freeport, IL

Thermos and Structo
Brand Gas Grills

When children move or
play with folded
mobile tables, the
tables have the
potential to tip over
on them possibly
resulting in death.

Normal operation may
result in the
internal components
of the plugs breaking
or short circuiting,
possibly resulting in
over heating or
arcing with a fire
potentially
resulting.

Some grills were
assembled using
defective hose and
pressure regulator
assemblies which
could leak gas. If
the gas ignites, it
could present fire or
explosion hazards.

F-24

The firm joined
a program to
place permanent,
uniform, warning
Yabels on all
tables
distributed
through out the
country.

The firm stopped
using the Lester
8020 plug and
8045 receptacle
and_recal led
those units sold
with their golf
carts. The firm
also initiated a
rep]acement
program for the
Lester red and

_black plug

cordsets.

Thermos offered
replacement
parts to
consumers.


Citation Action Manufacturer/Importer City & State Zip
16 CFR 1501 Recall Easter Creations Danbury, CT 06810
16 CFR 1501 Recall Easter Creations Danbury, CT 06810
16 CFR 1501 Recall Il1co Toy Co. New York, NY 10010
16 CFR 1501 Recall Golden Country Chicago, IL 60616
16 CFR 1501 Recall Oriental Food

16 CFR 1501 Recall Barval Toys, Inc Miami, FL 33172
16 CFR 1501 Recall]

16 CFR 1501 Recall

16 CFR 1501 Recall F.J. Strauss Co., Inc. North Bergen, Nd 07047
16 CFR 1501 Recall ODarda, Inc USA Baltimore, MD 21211
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1510 Recall Wisconsin Toy Company New York, NY 10010
16 CFR 1501 Recall Lewco Corporation New York, NY 10010
16 CFR 1501 Recall Service Promotional Sales New York, NY 10010
16 CFR 1501 Recall

16 CFR 1501 Recall C.V.P., Inc Westbury, NY 11585
16 CFR 1500.3 Recall Cotraco, Inc Hartford, CT 06103
(c) (6) (viii)

16 CFR 1501 Recall Henry Gordy Int’1, Inc Plainfield, NY 07061
16 CFR 1501 Recal] B & E Merchandising Corp. Livonia, MI : 48152
16 CFR 1303 Recall Nu-Cushion Product Mfg Co Shawnee Mission, KS 66203
16 CFR 1501 Recall A.J. Cohen Brentwood, NY 11717
16 CFR 1510 Recall Battat, Inc Plattsburgh, NY 12901
16 CFR 1501 Recall -F.W. Woolworth Corp. New York, NY 10279
16 CFR 1512 Recall Kraemer Mercantile Corp. New York, NY 10015
16 CFR 1502 Recall Etna Worldwide (JSNY) New York, NY 10010
16 CFR 1615 Recall] The Warren Featherbone Co Gainsville, GA 30503

F-19


TABLE 1
Deaths Associated With the Use of Certain Consumer Products
January 1, 1988 - December 31, 1988
Source: CPSC Death Certificate Project

Note: Product association is defined as any involvement of the product with
these deaths and does not necessarily imply causality.

The data in this table cannot be used in trend analysis with the data from
previous years; due to budgetary restrictions, differing numbers of death
certificates may have been purchased in each time period.

Data are incomplete for Connecticut, Indiana, and Rhode Island.

2
a AGE
GROUP
y 65
AND
PRODUCT GROUP. TOTAL _ UNDER 5 5-24 25-64
OVER
1. Child Nursery Equipment
and Supplies 82 62 3 5 12
2. Toys 2l 15 5 0 1
3. Sports and Recreational
Activities and Equipment 1231 305 439 380 105
4, Home Communication,
Entertainment and Hobby
Equipment 23 3 7 13 0
5. Personal Use Items 113 40 15 24 34
6. Packaging and Containers
for Household Products 73 29 9 27 8
7. Yard and Garden Equipment 285 14 34 138 99
8. Home Workshop Apparatus,
Tools and Attachments 103 5 37 53 8
9. Home and Family Maintenance
Products 37 23 5 5 4
10. General Household Appliances 46 6 4 19 7
Il. Space Heating, Cooling and
Ventilating Appliances 182 12 37 101 32
12. Housewares 19 7 2 7 3
13. Home Furnishings and Fixtures 813 265 113 236 197
14. Home Structures and
Construction Materials 318 22 36 96 164
15, Miscellaneous 58 7 22 23 7

A-4


FEDERAL HAZARDOUS SUBSTANCES ACT

Petition Summary of Disposition as of
Number Petitioner Petition September 30, 1989
HP 89-1 Consumer Request banning of Petition Granted
Federation of certain crib toys. 8/16/90
America and
New York
Attorney General’s
Office
HP 90-1 Danny Requests banning Decision Pending
Foundation of certain cribs
with corner post
extensions or finials
HP 90-2 Fascinaton Requests amendment Decision Pending
Toys and to regulation
Gifts relating to
clacker balls.
POISON PREVENTION PACKAGING ACT
PP 88-2 Anthony Requests that Poison Petition Granted
Manoquerra, Prevention Packaging 1/16/90
Amer. Assoc. be required for
of Poison acetonitrile and
Control sodium bromates.
Centers

D-S


contributes to CPSC priorities, policies, actions and rules. It also
undertakes economic surveys of consumers and industries, studies the costs
of accidents and injuries, and evaluates the economic, societal and
environmental impact of product safety rules and standards. The
directorate also conducts regulatory analyses and studies of costs and
benefits of CPSC actions.

Directorate for Engineering Sciences implements the Commission’s
engineering programs. Staff engineers help develop and evaluate product
safety standards and test methods, test and evaluate consumer products,
and identify specific hazards. Using its test facility in Gaithersburg,
Maryland, the directorate provides analytical services in support of
Commission programs, projects and activities. In addition, Commission
engineers serve as technical representatives on numerous government and
private sector safety committees.

Directorate for Epidemiology collects and analyzes data on known and
potential hazards of consumer products, and assesses the effects of
product safety standards. It also has responsibility for determining the
frequency, severity and distribution of injuries, and investigates their
causes. The National Electronic Injury Surveillance System (NEISS), a
statistically selected network of hospitals which report daily to CPSC on
product-related injuries treated in their emergency rooms, is maintained
by the directorate, as is the National Injury Information Clearinghouse.
The Clearinghouse responded to 6,199 requests for data or information on
injuries during the year.

Directorate for Field Operations coordinates all field support services
for the agency, overseeing three regional centers, and 34 field offices
which are staffed by compliance officers, safety investigators and public
affairs specialists.

Directorate for Health Sciences evaluates toxicological and medical
hazards associated with the use of consumer products. It also performs
risk assessments, evaluates scientific information for product safety
standards and test methods. The Directorate also reviews data to identify
the toxicological and physiological bases that cause some population
groups to be at special risk, develops and evaluates performance criteria,
designs specifications and quality control standards, and conducts and
evaluates product testing.

Office of Information and Public Affairs is the Commission’s touchstone
with consumers and the media. It prepares and publishes brochures,
booklets, fact sheets and safety alerts recommending the safe ways for
consumers to purchase and use products in the home environment. Press
releases are prepared and circulated to the media on Commission actions,
Product recalls, and seasonal events such as toy safety, fireworks, baby
safety, grass cutting, residential pool use, and National Poison
Prevention Week in March.

K-4


Date

Firm and Product

Alleged Hazard

Remedy

1/90

1/90

1/90

1/90

Kmart
Troy, MI

String to string Toyo
Christmas lights with
TP-6 connector

Walmart
Bentonville,AR

String-to-string Toyo
Christmas lights with
TP-6 connector.

Revco
Twinsburg, OH

String to string Toyo
Christmas lights with
TP-6 connector

Alkco Lighting
Company, Inc.
Franklin Park, IL

Linear Incandescent
Lighting Fixture,
(Lin Series 40 and
4000)

The exposed,
energized metal
contacts on some TP-6
connectors present an
electric shock or
electrocution hazard.

The exposed,
energized metal tabs
on some TP-6
connectors present an
electric shock or
electrocution hazard.

The exposed,
energized metal tabs
inside some TP-6
connectors present an
electric shock or
electrocution

hazard.

Contact with the
exposed and energized
mounting connector
terminal would
present a severe
electric shock
hazard.

F-31

Toyo will
replace all
string to string
sets with TP-6
connectors with
a new or
repaired set.

Toyo will
replace all
string-to-string
sets with TP-6
connectors with
a new or
repaired set.

Toyo will
replace all
string-to-string
sets with TP-6

connectors with

a new or
repaired set.

The company will
retrofit all Lin
40 and Lin 4000
light fixtures
installed
between March
15, 1988 and
August 4, 1989
with a center
disconnect
switch.


ORGANIZATIONAL STRUCTURE AND FUNCTIONS

As provided in the Consumer Product Safety Act of 1972, the Chairman and
Commissioners are the decision makers of the U.S. Consumer Product Safety
Commission. The staff carries out their decisions and policies.

Anne Graham was the Acting Chairman at the beginning of FY 1990. Her term
as Commissioner will expire in October 1991. The other Commissioner at the
beginning of FY 1990 was Carol G. Dawson, serving a term that ends October 26,
1992. On November 27, 1989, Jacqueline Jones-Smith was sworn in as Chairman
of the Commmission. She will serve a term ending in October 1996. At the end
of FY 1990, Eric C. Peterson was appointed by the Chairman as Executive
Director of the Commission.

The Executive Director has line authority over seven operating
directorates, including Administration, Compliance and Administrative
Litigation, Economic Analysis, Engineering Sciences, Epidemiology, Field
Operations and Health Sciences. Also reporting to the Executive Director are
three offices, namely the Office of Program Management and Budget, the Office
of Information and Public Affairs, and the Office of Planning and Evaluation.

The Executive Director reports directly to the Chairman along with the
Office of Congressional Relations, Office of Equal Employment Opportunity,
Office of General Counsel, Office of the Inspector General, and the Office of
the Secretary.

It is the responsibility of the Executive Director to develop and
implement the decisions of the Commissioners and to execute the Commission’s
budget and operating plan. The Executive Director relies heavily on all
directorates and offices for day-to-day operations of the Commission.

Responsibilities of Commission directorates and offices are as follows:

-- Directorate for Administration is responsible for accounting and financial
Management, personnel, automated data processing, procurement, library
services, and general administrative support (mail, printing,
photocopying, property and facilities management, records management,
security, telecommunications, and transportation).

-- Directorate for Compliance and Administrative Litigation oversees the
compliance and enforcement of Commission regulations. Staffed by lawyers
and compliance specialists, the directorate initiates investigations on
safety hazards of products already in the consumer marketplace, and
obtains voluntary corrective actions, if warranted. It also conducts
litigation before administrative law judges to seek remedial actions.

-- Directorate for Economic Analysis studies the effect of CPSC actions on
consumers and industries, including the impact on competitive structure
and commercial practices. By utilizing economic data, the directorate



Date Product Model Violation
2/90 Car-Roll-A-Way #27342 Banned Small Parts
2/90 Tots’N Toys in Cradle #70620 Banned Small Parts
2/90 Elephant Rattle #114-53018-121 Banned Rattle
2/90 Eggscavators Truck Set #187 Banned Small Parts
2/90 Activity Blanket #5019 Banned Smal] Parts
2/90 Press-N-Rol1 Boat Unimax #2311 Banned Small Parts
2/90 Ernie the Drummer Sesame Street #8822 Banned Small Parts
2/90 Big Bird Trike Sesame Street #8820R Banned Smal] Parts
2/90 Truck Set #50006 Asst#51010 Banned Smal] Parts
2/90 Lollipop Rattie #1313 Banned Rattle
2/90 Lace Dress Size Small Banned Smal] Parts
2/90 Wind-Up Circus #9026W Banned Small Parts
Rock N Rolling Band #9081C Banned Small Parts
Wonderful Plane #6937 Banned Small Parts
Marching Monkey #6930 Banned’ Smal] Parts
Baby Rattle #8400 Banned Rattle
2/90 Musical Orphan Dolls #12848 thru #12853 Banned Small Parts
2/90 Telephone Rattle #745 Banned Rattle
3/90 Colored Beads & Laces #470 Banned Smal] Parts
3/90 Refuse Bins Banned Unstable
Refuse Bin
3/90 Toy Wooden Train #78000 Banned Small Parts
3/90 Wooden Goods Train #27/46 Banned Small Parts
Wooden Alphabet Train #27/58 Banned Smali Parts
3/90 Stuffed Clown Doll #6159 Banned Smal? Parts
Stuffed Toy Dog Banned Small Parts
3/90 Formula Car #63311 Banned Small Parts
Construction Copter #63214 Banned Small Parts
Classic Car #63312 Banned Small Parts

F-:0


COUNCIL OF AMERICAN BUILDING OFFICIALS (CABO)

October 16-17 EXPB: CPSC staff’s proposal on barriers for
swimming pools, spas & hot tubs
March 27-29 EXPB: barriers for residential swimming pools,

spas, & hot tubs
DALLAS COUNTY, TEXAS, MEDICAL EXAMINER’S OFFICE

June 26 Chairman Jacqueline Jones-Smith: infant cushions
and MECAP

DALLAS, TEXAS, SAFETY COUNCIL AND TECHNIQUES FOR EFFECTIVE ALCOHOL MANAGEMENT

June 26 Chairman Jacqueline Jones-Smith: cooperative
efforts and the SAFE KIDS campaign

DANNY FOUNDATION

May 17 Public Hearing: Priorities for FY 1992
June 4 Chairman Jacqueline Jones-Smith: crib safety

DISCOVERY TOYS

dune 6 Chairman Jacqueline Jones-Smith: general CPSC
issues
DOOR OPERATOR AND REMOTE CONTROL MANUFACTURERS ASSOCIATION (DORCMA)
June 12 EXPB & other CPSC staff: garage door opener
safety

DYNAMIC RESEARCH, INC.

February 22 ES: to view a demonstration of potential dynamic
test procedures for ATV’s

ENVIRONMENTAL PROTECTION AGENCY

October 5 Acting Chairman Anne Graham, HS, ES & EXPB:
indoor air quality

August 15 ES & EXPB: carpet emissions

August 21 ES & EXPB: developing solutions to carpet
emissions hazards

September 26 ES: possible methods for reducing emissions of

volatile organic compounds from carpet and
installation procedures

C-13


THERMON MANUFACTURING COMPANY

February 6
THOMAS, RAY

September 21
THOMPSON & FORMBY

September 13
3-M CORPORATION
July 20
TOBACCO INSTITUTE
May 31

EXPB, ES, & other CPSC staff: heat tape

ES: ATV engineering work done by CPSC

OGC & EXPB: California Proposition 65

EXPB: DCM substitutes in paint strippers

EXPB: fire-resistant cigarette research

TOY MANUFACTURERS OF AMERICA (TMA)

October 13
January 23
February 15-16

TULTEX CORPORATION
March 13

Acting Chairman Anne Graham: toy safety related
issues

Chairman Jacqueline Jones-Smith: introductory
courtesy cal]

Commissioner Anne Graham (speaker), EXPB, CA, EP,
& EC: Toy Fair

Chairman Jacqueline Jones-Smith: sweatsuit
flammability

UNDERWRITERS LABORATORIES (UL)

December 4
January 12
February 7

February 12
March 5

April 16-18
April 16-18

EXPB & Electrical Hazards Team: CPSC’s fire
prevention guide project

Chairman Jacqueline Jones-Smith: introductory
courtesy call

EXPB & Electrical Hazards Team: various voluntary
standards activities

Commissioner Carol G. Dawson: voluntary standards
EXPB & Electrical Hazards Team: hair dryer
labeling

OEX: Consumer Advisory Council meeting

EXPB: electrical safety standards in general


retraction of CPSC's press release, but finding that CPSC
issued it improperly. On May 7, 1990 the Court entered a
Consent Order and Default Judgment, ordering Etna to return
the dolls to their foreign manufacturer.

CRIMINAL ACTION

The government presented to a grand jury information
concerning possible violations of a CPSC statute. No
details on this matter can be disclosed.

INSPECTION WARRANT

In the Matter of Establishment Inspection of Skil
Corporation, Civil Action No. 86-M-263 (N.D. Ill.) and No.
88-1126 (7th Cir.). Upon CPSC's application, the U.S.
Magistrate issued a warrant on November 14, 1986, pursuant
to section 16 of the Consumer Product Safety Act, for
inspection of books and records concerning Skil circular
saws. The warrant was served on November 17, 1986, but
Skil refused the CPSC access. The government filed a
motion for an order to show cause why Skil should not be
held in contempt. Skil filed an opposition and a motion to
quash the warrant. Following a January 8, 1987 hearing,
the Magistrate granted the government's motion and denied
Skil's motion. The District Court affirmed the Magistrate,
and then the Court of Appeals affirmed the District Court
on May 13, 1988. The parties continued to disagree about
the CPSC's right to certain documents that Skil claims are
privileged. Skil filed a motion for a protective order on
December 19, 1989. The government moved for contempt on
January 30, 1990 and opposed Skil's motion on February 23,
1990. The Magistrate held status conferences on March 22,
1990 and July 11, 1990.

SUBPOENA ENFORCEMENT

United States v. Spa Products of America, Inc. and M.
Richard Williamson, Civil Action No. 89-0080 (C.D. Cal.).
Following a refused inspection, the CPSC issued to Spa
Products a Special Order and Subpoena for Production of
Documents. The firm failed to comply with the subpoena,
and in January 1989 the government filed an action to
enforce compliance. On March 27, 1989, the Court ordered
Spa Products to comply with the subpoena. The firm was
undergoing Chapter 11 reorganization, but complied with the
subpoena on October 20, 1989.

G-7


CONSUMER PRODUCT SAFETY ACT

Petition Summary of Disposition as of
Number Petitioner Petition September 30, 1990
CP 75-13 Dr. Robert Requests safety Decision Pending
Williamson standards for
plastic furniture.
CP 89-1 Dr. Edward Requests issuance of Petition Denied
Press a safety standard for 6/28/90
saunas.
CP 89-2 Christian B. Requests issuance Petition Denied
Stegeman of a safety standard 7/26/90
for electric heat
tape.
CP 89-3 Michele Snow Requests issuance Petition Denied
Foundation of a safety standard 2/7/90
for electric hand-
held hair dryers.
CP 89-4 Consumer Requests issuance Decision Pending
Federation of of a safety standard
America, New for water beds.
York Attorney
General’s Office
and American
Academy of
Pediatrics
CP 90-1 Consumer Requests issuance Decision Pending
Federation of of a safety standard
America for bicycle helmets.
cP 90-2 Or. Edward Requests issuance Dectston Pending
Press of a safety standard

for spas and hot tubs.


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT TYPE OF REGULATION PART NUMBER
Signal words HSA labeling requirements 1500.121
Silver nitrate (lunar caustic) HSA Jabeling 1500.129(k)
Sleepwear, children’s sizes 0-6x FFA standard (FF 3-71) 1615
size 7-14 standard (FF 5-74) 1616
Sodium arsenite HSA labeling 1500.132(b)
Sodium fluoride (prescription PPPA exempting from special 1700.14(a)(10)(vii)
aqueous solutions) packaging
Sodium hydroxide HSA labeling 1500.129(j)
Sodium/potassium hydroxide PPPA special packaging 1700.14(a) (5)
Solder kit HSA exemption from labeling 1500.83(a) (30)
Solder paste HSA exemption from labeling 1500.83(a) (22)
Special packaging PPPA = standards 1700.15
re-use prohibited 1700.15(c)
test procedure 1700.20
restricted flow 1700.15(d)
requirement
Spot removers, single-use HSA exemption from labeling 1500.83(a)(18), (19),
(26)
Spot removing kits HSA exemption from labeling 1500.83(a) (25)
Sponges, cellulose HSA exemption from labeling 1500.83(a)(15)
Squeeze toys CPSA_ to be regulated under 1145.10
the CPSA
Stoddard solvent HSA labeling 1500.14(a) (4)
special labeling 1500.14(b) (3) (ii)
Stoves, coal and wood burning
(see appliances)
Strong sensitizers HSA definition 1500.3(b) (9)
list of 1500.13
Sulfuric acid HSA labeling 1500.129(b)
PPPA special packaging 1700.14(a)}(9)

1-15


UNDERWRITERS LABORATORIES (UL) cont'd.

April 17-18 ES: quality control and inspection as related to
product safety

May 22 Chairman Jacqueline Jones-Smith: tour of UL
facilities

June 20 EXPB & Fire Hazard Team: labeling of kerosene
heaters

July 13 Chairman Jacqueline Jones-Smith & OEX: courtesy
call by new UL president

September 27 EXPB & ES: proposed revisions to electrical

receptacle standard

UNIVERSITY OF MARYLAND

April 4 OEX: lecture on CPSC voluntary standards
activities

UPHOLSTERED FURNITURE ACTION COUNCIL (UFAC)

April 19-21 Commissioner Anne Graham (speaker): International
Home Furnishing Market

U.S. CHAMBER OF COMMERCE

April 18 Chairman Jacqueline Jones-Smith: introductory
courtesy call and general exchange of views about
CPSC

U.S. PUBLIC INTEREST RESEARCH GROUP
April 12 Commissioner Anne Graham: CPSC in general
WHARTON SCHOOL OF THE UNIVERSITY OF PENNSYLVANIA
July 26 Commissioner Anne Graham (speaker)/staff: the
relationship between government and private
industry
WHIRLPOOL CORPORATION

August 15 Commissioner Carol G. Dawson: international
safety issues

WHITE HOUSE CONFERENCE ON MINORITY CONSUMER ISSUES

April 24 Chairman Jacqueline Jones-Smith: speaker

C-26


Citation Action Manufacturer/Importer City & State Zip
16 CFR 1501 Recall Illco Toy Co., Inc New York, NY 10010
16 CFR 1501 Recall Roman, Inc Roselle, IL 60172
16 CFR 1501 Recal] Davis-Grabowski, Inc Miami, FL 33138
16 CFR 1501 Recall

16 CFR 1501 Recall Target Stores Minneapolis, MN 55440
16 CFR 1501 Recall DT Toy Co Los Angeles, CA 90013
16 CFR 1501 Recall

16 CFR 1501 Recall Goldwell International Los Angeles, CA 90021
16 CFR 1501 Recall General Toys Los Angeles, CA 90013
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall Hamilton Gifts Ltd, Inc Long Beach, CA 90810
16 CFR 1501 Recall Inter-Mainland Corp. Los Angeles, CA 90013
16 CFR 1501 Recall Tai Tung Int’l, Inc Los Angeles, CA 90013
16 CFR 1501 Recall

16 CFR 150] Recall Tai Tung Int’1, Inc Los Angeles, CA 90013
16 CFR 150} Recall] Sox Land Int’], Inc New York, NY 10018
16 CFR 1501 Recall Dan Brechner & Co., Inc Floral Park, NY 11001
16 CFR 1500.3 Recall Topstone Ind., Inc Danbury, CT 06810
(c) (6) (viii)

16 CFR 1501 Recall Steven Mfg. Co. Hermann, MO 65041
16 CFR 1501 Recall Soft Things, Inc Brooklyn, NY 11205
16 CFR 1501 Recall Bradlees Braintree, MA 02184
16 CFR 1501 Recall] ABC Distributing, Inc N, Miami, FL 33181
16 CFR 1306 & Recall Fairmont, WV 26554

16 CFR 1500.18

Bargain Center

F-13


Date

Firm and Product

Alleged Hazard

Remedy

10/89

10/89

10/89

Southern Pine
Manufacturing Co.
Aliceville, AL

Bunk Beds

Oakwook Furniture
Co., Inc.
Golden, MS

Bunk Beds

Fine Pine Inc.
Vinemont, AL

Bunk Beds

Ledges on side rails
are the only means of
support for mattress
support system. The
mattress support
system may collapse
causing death or
injury to children on
the beds or to
children playing on
the floor under the
bed.

Ledges on side rails
are the only means of
support for mattress
support system. The
mattress support
system may collapse
causing death or
injury to children on
the beds or to
children playing on
the floor under the
ed.

Ledges on side rails
are the only means of
support for mattress
Support system. The
mattress support
system may collapse
causing death or
injury to children on
the beds or to
children playing on
the floor under the
ed.

F-23

The firm
provided point-
of-purchase
posters to all
customers
notifying
consumers of the
availability of
free cross wire
kits.

The firm
pravided point-
of-purchase
posters to all
customers
notifying
consumers of the
availability of
free cross wire

kits.

The firm
provided point-
of-purchase
posters to al]
customers
notifying
consumers of the
availability of
free cross wire
kits.


NATIONAL KEROSENE HEATER ASSOCIATION (NKHA)

October 25 Acting Chairman Anne Graham/staff, OGC & EXPB:
Federal legislation regarding carbon monoxide
standard

March 13 Chairman Jacqueline Jones-Smith: introductory

courtesy call

NATIONAL KNITWEAR MANUFACTURERS ASSOCIATION

May 29 Chairman Jacqueline Jones-Smith: CPSC enforcement
policies
NATIONAL PAINT & COATINGS ASSOCIATION (NPCA)
October 11 EXPB: development of FHSA labeling guidelines for

chronically hazardous materials and development of
guidelines in the Labeling of Hazardous Art
Materials Act

July 9 EXPB: Isocyanates use and consumer exposure in
paints and coatings

NATIONAL PARTICLEBOARD ASSOCIATION

January 19 Chairman Jacqueline Jones-Smith: rulemaking for
formaldehyde emissions from wood panel products

NATIONAL PROPANE GAS ASSOCIATION (NPGA)

February 27 ES: LP-gas detectors/alarms

March 8 ES: safety issues involving LP-gas use

April 26 EP: study on relative risk of fires with gas
appliances between LP and natural gas

June 18 ES: fuel gas detectors

NATIONAL SAFE KIDS

February 9 OIPA: National SAFE KIDS Campaign 1990 public
policy priorities

March 23 Chairman Jacqueline Jones-Smith & OIPA:
continuing information and education activities

May 16 Chairman Jacqueline Jones-Smith: news conference
launching the SAFE KIDS Campaign’s 1990 anti-scald
program

June 15 EXPB: Public Policy Committee on issues of mutual
concern regarding child safety

September 19 Commissioner Anne Graham: injury prevention

C-20


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT TYPE OF REGULATION PART NUMBER
Containers, consumer-owned HSA exemption from full 1500.83(a) (14)
(portable) labeling
Controlled drugs PPPA special packaging 1700.14(a) (4)
Corrosive substances HSA definition 1500.3(b) (7), (c) (3)
Cosmetics HSA exemption 1500.81(d)
Crib hardware CPSA_ to be regulated under 1145.14
the CPSA
Cribs (full-size) HSA ban 1500.18(a) (13)
safety requirements 1508
Crib (non full-size) HSA ban 1500.18(a) (14)
safety requirements 1509
Crib, mesh-sided CPSA to be regulated under 1145.12
the CPSA
Cyanide salts HSA ban 1500.17(a) (5)
Dietary supplements, iron- PPPA = special packaging 1700.14(a) (13)
containing
Diethylene glycol HSA labeling 1500.14(a)(1)
special packaging 1500.14(b) (1)
exemption from 1500.83(a) (15)
labeling
Diethylenetriamine HSA labeling 1500.13(c)
Diglycidy] ethers HSA labeling 1500.13(c)
Diphenhydramine preparations PPPA = special packaging 1700.14(a) (17)
Disclaimer, deceptive use of HSA misbranded 1500.122
Drain cleaners, liquid HSA ban 1500.17(a) (4)
PPPA special packaging 1700.14(a) (5) (9)
Drugs, controlled PPPA_ special packaging 1700.14(a) (4)
Drugs, oral prescription PPPA = special packaging 1700.14(a) (10)

Except:

Nitroglycerin tablets (sublingual)

Isosorbide dinitrate (10 mg. sublin-
gual and chewable tablets)

1700.14{a) (10) (4)
1700.14(a) (10) (ii)


LITIGATION AND SETTLEMENTS

This appendix summarizes the federal court cases to which

the Commission was a party, civil penalty settlements, and
consent agreements accepted by the Commission. Categorized by

type, the following cases were pending in court during fiscal
year 1990:

INJUNCTIONS

1. United States v. Charles Focht and Mark Focht, d/b/a

Liberty Industries, Civil Action No. 88-1217 (W.D. Pa.) and
No. 88-3781 (3d Cir.). On May 28, 1988 the government
filed a complaint seeking an injunction against a mail
order fireworks components supplier. Following a hearing
on September 13, 1988, the District Court denied the
preliminary injunction request, holding that the components
distributed by the firm are not themselves necessarily
components of banned fireworks. On August 8, 1989 the
Court of Appeals reversed and remanded, holding (1) that
the components at issue are banned hazardous substances and
(2) that an objective test of how a product is intended to
be used, rather than a subjective standard of intent, must
be applied in determining whether otherwise harmless
components are intended to be made into banned hazardous
fireworks. On November 9, 1989 the government filed a
pleading seeking resolution of the injunction issue by the
District Court. The firm responded on December 8, 1989.
Negotiations took place between the parties, but did not
resolve the case. On March 1, 1990 the government moved
for a permanent injunction which the Court ordered on June
7, 1990.

United States v. L.W. Loyd Co., Inc. and Lew W. Loyd, Civil
Action No. 1-89-452 (D. Tenn.). On September 14, 1989 the
government filed a complaint and motion for preliminary
injunction against an importer of fireworks. Following
expedited discovery, the Court conducted a consolidated
hearing on a preliminary and permanent injunction on
October 26 and 27, 1989. Both sides filed post~-hearing
briefs on November 10, 1989. On February 20, 1990 the
Court issued a permanent injunction, requiring the firm to
test 20 samples of every firework it imports and to notify
the cpsc of all failures. The Court ruled that an
affirmative testing order was within its broad equitable
powers, and deferred to CPSC's judgment on the scope of
such an order. The Court further ruled that CPSC was not
unfairly discriminating against the firm and that the
"vagaries of Chinese manufacturing" did not relieve the
firm of its obligations under federal law. On

G-3


CONSENT AGREEMENTS ACCEPTED BY THE COMMISSION

The following consent agreements were accepted by the Commission
in 1990:

In the Matter of Sun Tui, LTD and Daniel S. Weiss, CPSC
Docket No. 90-C0006. The Commission accepted a consent
agreement containing a cease and desist order from Sun Tui
and Weiss to settle the staff's allegations that the firm
sold futon mattresses in violation of the Standard for the
Flammability of Mattresses and Mattress Pads. The
Commission accepted the agreement on February 22, 1990.

In_ the Matter of Contempo Futons, and David Butitta, CPSC
Docket No. 90-C0007. The Commission accepted a consent
agreement containing a cease and desist order from Contempo
and Butitta to settle the staff's allegations that the firm
sold futon mattresses in violation of the Standard for the
Flammability of Mattresses and Mattress Pads. The
Commission accepted the agreement on February 22, 1990.

In the Matter of Buddha's, Inc., and_S. Trinity, CPSC
Docket No. 90-C0008. The Commission accepted a consent
agreement containing a cease and desist order from Buddha's
and Trinity to settle the staff's allegations that the firm
sold futon mattresses in violation of the Standard for the
Flammability of Mattresses and Mattress Pads. The
Commission accepted the agreement on February 15, 1990.



REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT ‘TYPE OF REGULATION PART NUMBER
Asbestos-containing garments HSA ban 1500.17(a) (7)
for general use
Asbestos-containing artificial CPSA ban 1305
emberizing materials CPSA to be regulated under 1145.5
the CPSA
Aspirin products PPPA = special packaging 1700.14(a)(1)
effervescent tablet 1700.14(a) (1) (i)
exemption
unflavored powders 1700.14(a)(1) (xi)
exemption
Baby bouncers and walkers HSA standard and ban 1500.18(a) (6)
exemption from banning 1500.86(a)(4)
Balloons, plastic mixtures HSA exemption from banning 1500.85(a)(4)
Bassinet legs CPSA to be regulated under 1145.15
the CPSA
Batteries, storage, wet-cell] PPPA exemption from special 1700.14(a) (9)
packaging
Benzene (benzol) HSA special labeling 1500.14(b) (3)(i)
Benzene (paint solvents) PPPA = special packaging 1700.14(a) (15)
Bergamot oil HSA labeling 1500.13(e)
Betamethasone PPPA exemption from special 1700.14(a)(10) (viii)
‘ packaging
Bicycles HSA ban 1500.18(a) (12)
safety requirements 1512
Biological specimens, preserved HSA exemption from ban 1500.85(a) (4)
Blasting caps HSA exemption from labeling 1500.83(a) (35)
Butane in cigarette lighters HSA exemption from labeling 1500.83(a) (29)
Carbolic acid (phenol) HSA labeling 1500.129(d)
Carbon tetrachloride HSA ban 1500.17(a) (2)
Carpets and rugs (large) FFA standard (FF 1-70) 1630
Carpets and rugs (small) FFA standard (FF 2-70) 1631

1-4


State(s) or

Commissioned

Commonwealth Department. Officers
Field Office Eastern Region (continued)
Florida Dept. of James D. Morrison
Agriculture & Lessie M. Keck
Consumer Services Thomas F. Kenny
Division of Consumer Alex Cortinas
Dianna L. Dey
Gloria Van Treese
John Burke
Martin J. May
Maryland Dept. of Health & Bruce Wilhelm
Mental Hygiene Irving L. Meyers
Office of Food James D. Naylor
Protection & Consumer Michael L. Hurney
Health Services David Roberts
Michael Purdy
David Resh
Pamela J. Engle
John Frank Arthur
James D. Naylor
Division of Robert Chang
Drug Control Jack H. Freeman
William A. Hahn
John J. O’Hara Jr.
Charles H. Tregoe
Leon Weiner
New Jersey Office of Consumer Louis A. Jonas

Protection

J-11

John Kraska

Monica Fleming

Edna M. Wood

Anthony J. Brennan
Angela L. Britt

Linda Palma

Catherine M. Robertello
Terry Lawrence Smith
Frank C. Stevens


State(s) or

Commonwealth

Department

Commissioned
Officers

Field Office Central Region (continued)

Tennessee

Field Office Western Region

Arizona

Arkansas

California

Department of
Agriculture,
Food & Drug
Division

Office, Risk Assessment
And Investigation

Bureau of Environ-
mental Health Serv.
Dept. of Health

Department of
Health Services

Food and Drug Branch
San Diego

3-15

Richard V. Heinrich
Mary Logan

Charles E. Sitzlar
Charles M. Turner
Eddie K. Watson

Anthony J. Battistone
Judith A. Betterton
Richard E. Cox
Michael Patz

Norman J. Petersen
Michael J. Porch

Don Selvey

John R. Carter
Glen P. Clements
Kenneth E. Free
Ronald 0. Friday
Wynn D. Grandgeorge
Raymond Heaggans
Jerry G. Hill
Jennings B. Ivy
James P. Jones
Gary M. Kahanak
Robert L. Kemp
Charles B. Presson
Jimmy W. Shelby
James H. Tanner
Haldor M. Wilkes
Therese L. Hoban
Ingeborg B. Smal]
Christopher H. Wogee


Fiscal Year 1990 was significant for the U.S. Consumer Product Safety Commission in claiming a position
of leadership in product safety; in facilitating and supporting safety initiatives by state and local governments,
industry, and private organizations; and in gaining the confidence of the Congress and the American people.

The cause of product safety was enhanced in 1990 by the actions of this agency. Despite budgetary con-
straints, significant progress was made in addressing injuries and deaths associated with consumer products
through targeted efforts aimed at providing the greatest margin of safety for the American consumer.

The Commission 1s proud of its record of achievement. In Fiscal Year 1990, work on 11 voluntary safety
standards dealing with products as diverse as room heaters and chain saws was completed. With the coopera-
tion of the U S. Customs Service, millions of dollars worth of illegal fireworks, toys, and other products were
intercepted and prevented from entering the country. Further, the Commission worked on 12 mandatory product
standards, seven of which were initiated in 1990.

Aggressive and expeditious action was taken to enforce product safety statutes and to address substantial
product hazards. Nearly 59 million products were voluntarily recalled as a result of the Commission’s compli-
ance and enforcement initiatives. The success of these efforts is evidenced by the many recalls that were in-
stituted before any injures associated with the products were reported. In cooperation with the Department
of Justice, the Commussion filed lawsuits against eight toy importers, including some of the nation’s largest
toy retailers, in order to prevent hazardous toys from being sold for children. This litigation was built on the
Commussion’s past success with litigation aimed at addressing comphance problems with targeted industry groups.

Though not fully resolved, progress was made to realistically address several long-standing safety issues.
Among these were the enforcement of the age recommendation requirements in the Consent Decrees to which
the five mayor distnbutors of All-Terrain Vehicles (ATVs) are parties, and the enforcement of the children’s
sleepwear standard.

Fiscal Year 1990 was also a year of increased cooperative efforts in product safety with state and local
governments, industry, and private organizations. During this year the Commission successfully promoted the
adoption of residential swimming pool barrier legislation by several state and local governments, and the inclu-
sion of pool barrier requirements in major model building codes to help reduce child drownings.

Partnerships with outside organizations also enhanced the Commission’s ability to provide timely infor-
mation to American consumers. The Commission participated in successful safety information and education
efforts with consumer groups, mdustry, state and local governments, and other organizations such as the Poi-
son Prevention Week Council, the National Safe Kids Coalition, the Coalition for Container Safety, the National
Swimming Pool Safety Committee, and the Juvenile Products Manufacturers Association.

Finally, significant inroads were made toward improving the Commission’s relationship with Congress.
Bipartisan legislation in the House and Senate reauthorizing the CPSC for the first time since 1981 signaled
a vote of confidence in the Commission, a potential solution to the Commission’s quorum problem, and a
renewed mandate for the 1990s.

As we begin the 1990s, I see renewed emphasis and interest being placed in product safety by consumers,
industry, private organizations, and government. The Commission is dedicated to giving its best efforts to meeting
these challenges and fulfilling its leadership role.

Jacqueline Jones-Smith
Chairman


FIELD OFFICE EASTERN REGION
(Continued)
Rhode Istand
Consumers’ Council
Recall Checks
South Carolina
Department of Consumer Affairs
State Networking
Department of Health
Recall Checks
In-depth Investigations
ATV Surveillance
Board of Pyrotechnic Safety
Fireworks
Vermont
Department of Health
State Networking
Virgin Islands

Department of Liscensing
and Consumer Affairs

State Networking


Date

Firm and Product

Alleged Hazard

Remedy

7/90

07/90

7/90

7/90

Proctor-Silex, Inc.
Glen Allen, VA

Model A4 and A5
Stamped Plate
Automatic Drip
Coffeemakers

Kolcraft Enterprises
Inc.
Chicago, IL

"Giggle-See" bumper
pad for crib

The Coleman Company,
Inc.
Wichita, KS

Cookin’ Machine
propane smoker/gril]

Toy Biz, Inc.
Lynbrook, NY

Toy action figure,
"The Penguin"

The firm believes
that thermostats and
thermal fuses
purchased by Proctor-
Silex for use in the
coffeemakers may both
malfunction causing
overheating and a
potential fire
hazard.

The thin, plastic
ties of the bumper
pads may tear off and
present a potential
choking hazard to
infants.

The gas supply hose
could disconnect and
escaping gas could
ignite and create a
fire hazard.

Choking or aspiration
of projectile.

F-41

The firm
recalled the A4
and AS
coffeemakers and
replaced them
with A6
coffeemakers.

Firm issued a
joint press
release 7/9/90
advising
consumers to cut
off all plastic
ties and send to
firm for a
refund of full
purchase price.

Coleman has
redesigned the
hose to gril]
connection so
that it is more
secure.

Coleman will
provide free
replacement
hoses.

Toy Biz
redesigned the
toy to meet ASTM
Standards.


AFMA

AGA

ANSI

ASHRAE

ASSE

ASTM

AVMA
BOCA
CABO
HPMA
IBBC
ICBO
Iso

NCSBCS

NFPA

NIST

NPA
NPCA
NSPI
SBCCI
SVIA

TMA

ORGANIZATION ACRONYMS

American Apparel Manufacturers Association
American Furniture Manufacturers Association
American Gas Association

Association of Household Appliance Manufacturers
American National Standards Institute

American Society for Heating, Refrigerating, and
Air Conditioning Engineers

American Society of Mechanical Engineers
American Society of Sanitary Engineers

Previously called American Society for Testing and
Materials; now called by acronym only, i.e., "ASTM"

American Veterinary Medical Association
Building Officials and Code Administrators
Council of American Building Officials
Hardwood Plywood Manufacturers Association
Inter-Industry Bunk Bed Committee
International Conference of Building Officials
International Standards Organization

National Council of States on Building Codes and
Standards

National Fire Protection Association

National Institute of Standards and Technology
(formerly National Bureau of Standards)

National Particleboard Association

National Paint and Coatings Association
National Spa and Pool Institute

Southern Building Code Congress International
Specialty Vehicles Institute of America

Toy Manufacturers of America
£-13


LOG AND STATUS OF PETITIONS AND APPLICATIONS

The Consumer Product Safety Amendments of 1981 repealed former section 10
of the Consumer Product Safety Act (CPSA). That section provided that any
person could petition the Commission to issue, amend or revoke a consumer
product safety rule, and required the Commission to grant or deny the petition
within 120 days.

The Administrative Procedure Act (APA) requires each agency to give
interested persons the right to petition for the issuance, amendment, or
repeal of a rule. Therefore, notwithstanding the revocation of former section
10 of the CPSA, the Commission continues to receive and act on petitions for
rulemaking under the CPSA and the other statutes which the Commission
administers:

The Federal Hazardous Substances Act (FHSA)

The Flammable Fabrics Act (FFA)

The Poison Prevention Packaging Act (PPPA)

The Refrigerator Safety Act (RSA).
Although the Commission is no longer required to act on petitions for consumer
product safety rules within 120 days, the Commission addresses all petitions
as responsively and expeditiously as possible.

The status of each petition under consideration during Fiscal Year 1990 is
listed in this appendix using the following terminology:

Granted - The Commission has decided to
initiate a rulemaking proceeding.

Denied - The Commission has decided not to
initiate a rulemaking proceeding.

Decision

Pending - Commission review and analysis of
the petition is incomplete at this
time.

D-3


Date

Firm and Product

Alleged Hazard

Remedy

4/90

4/30

4/90

5/90

McCrory Corporation
York, PA

Folding Umbrella
Stroller, SKU
#129088, Model AT410

First Brands
Corporation
Danbury, CT

SIMONIZE Quick Gloss

Fitness Quest
Canton, OH

"Step Lively”
exercise climber

Scotsman Group, Inc.
(Halsey Taylor)
Vernon Hills, IL

Drinking Water
Coolers

The restraining
system does not
fasten as tightly as
required by the
voluntary standard
testing procedure.
This may allow an
unattended child
occupant to “escape”
from the stroller.

The product’s aerosol
metal container may
rupture resulting in
the metal dome of the
container separating
under pressure
causing injury to the
user or bystander.

If the belt of the
device breaks, the
user may fall.

Certain Halsey Taylor
water cooler models
were alleged to
contain lead-lined
water storage tanks.
The Lead
Contamination and
Control Act (LCCA)
was enacted due to
concern that lead
contamination of
water coolers
presents a public
health risk.

F-36

McCrory
destroyed all
units in firm
and retail
inventory.

The firm
recalled the
product offering
refunds to
consumers.

, The belt was

changed from 80%
to 100% nylon to
prevent any
premature
breakage.
Consumers were
offered
replacement
belts.

The Commission
accepted a
Consent Order
Agreement under
the LCCA which
provides for a
comprehensive
replacement or
refund program
for coolers that
contribute more
than 20 ppb lead
to the drinking
water.


MEETINGS OF SUBSTANTIAL INTEREST

During Fiscal Year 1990, Commissioners and staff at the Consumer Product
Safety Commission held meetings to discuss matters related to the mission of
CPSC. The list of those meetings complies with the requirements of section
27(3)(8) of the Consumer Product Safety Act, which requires the Annual Report
to account for "the extent of cooperation of Commission officials and
representatives of industry and other interested parties in thy imnlementation
of this Act." We have compiled this list on the basis of meetings announced
in CPSC’s weekly Public Calendar and from Agendas of formal Commission
meetings, hearings, and oral presentations.

It is important to note that this list of meetings does not account for
all meetings between Commission personnel and outside parties because not all
such meetings are required to be listed in the Public Calendar. The
Commission’s Meetings Policy (16 CFR part 1012) requires that meetings
concerning matters of “substantial interest" be listed in the Public Calendar
while meetings on "non-substantial interest" are not required to be listed,
although many are. For example, field staff have met frequently with a wide
range of outside organizations in order to inform consumers and others of
CPSC’s work, but since these meetings are of “non-substantial interest" as
defined by CPSC’s Meeting Policy, they are not necessarily listed in the
Public Calendar. Also, the list may not fully account for all meetings of
voluntary standards development organizations with which CPSC participated.
For additional information on voluntary standards efforts, see Appendix E.

CPSC’s Meeting Policy defines "substantial interest" as concerning "any
issue that is likely to be the subject of a regulatory or policy decision by
the Commission." The Meetings Policy imposes the following three requirements
on CPSC staff and Commissioners who hold or attend meetings involving matters
of "substantial interest:" 1) they must announce the meetings in advance in
the Public Calendar, 2) they must hold these meetings open to the public,
unless certain specified exceptions apply, and 3) they must submit summaries
of such meetings to the Office of the Secretary. In addition, summaries of
telephone conversations involving "substantial interest" matters also must be
submitted to the Office of the Secretary.

Meeting summaries are available from the Office of the Secretary upon
request under the Freedom of Information Act.

For copies of the Public Calendar, please write to:
Office of the Secretary

U.S. Consumer Product Safety Commission
Washington, D.C. 20207

C3


POLICIES, FINAL REGULATIONS, AND PROPOSED REGULATIONS

DESCRIPTION PROPOSED FINAL EFFECTIVE
DATE

RESOURCE

FEDERAL HAZARDOUS SUBSTANCES ACT
Final Action:

Revocation of statement of 12/21/89 12/21/89
interpretation concerning

method for identifying

toys and other children’s

articles which present choking,

aspiration, or ingestion hazards

because of small parts.

Proposed Action:

Amendment of test method for 12/21/89
simulating use and abuse of

toys, games, and other

children’s articles

POISON PREVENTION PACKAGING ACT

Final Action:

Exemption of certain 10/20/88 04/09/90 04/09/90
unflavored aspirin

powders from requirements

for child-resistant

packaging

Exemption of effervescent 10/20/88 04/09/90 04/09/90
acetaminophen preparations

from requirements for child-

resistant packaging

Exemption of 01/12/89 04/09/90 04/09/90
medroxyprogesterone

acetate tablets from

requirements for child-

resistant packaging

B-3

54 FR 52343

54 FR 52418

55 FR 13123

55 FR 13125

55 FR 13127


Date

Firm and Product

Alleged Hazard

Remedy

6/90

6/90

7/90

Knoll International,
Inc.
East Greenville, PA

Single piece, multi-
curving sculptural
arm chair and Spyder
Table

The Coleman Company
Wichita, KS

Model 3100 Crosman
air rifle

FREM Corporation
Worchester, MA

Stuff ’N Store
Covered Box

The paint used on the
furniture contains
greater than 0.9% and
7.7% lead.

The accidental
discharge of the
airgun could result
in death or serious
injury.

A young child may
suffocate if he were
to become entrapped
in the storage box.

F-40

Consumers are
being contacted
directly by
Knoll and
repairs will be
made in the
home.

The firm
recalled and re-
designed the
sear mechanism
so it will not
wear
prematurely.
Consumers should
discontinue use
and call the
firm at (1-800-
836-3100) for
instructions on

weturning the

airguns.

The firm
redesigned its
product to
include a
permanent
warning to
consumers
addressing the
potential
hazard.


LIST OF STATE DESIGNEES

FIELD OFFICE EASTERN REGION

Connecticut

Ms. Mary M. Heslin

Commissioner, Department of
Consumer Protection

State Office Building

165 Capitol Avenue

Hartford, Connecticut 06106

(203) 566-4999

FAX: (203) 566-7630

Delaware

Mr. Donald E. Williams

Director, Division of Consumer
Affairs

Department of Community Affairs

820 North French Street

Wilmington, Delaware 19801

(302) 571-3250

FAX: (302) 571-3862

District of Columbia

Mr. Donald G. Murray

Director, D.C. Department of
Consumer and Regulatory Affairs

614 H Street, N.W., Suite #1120

Washington, D.C. 20001

(202) 727-7170

FAX: (202) 727-8030

Florida

Mr. Frank C. Cleveland

Director, Consumer Services
Division

Department of Agriculture and
Consumer Services

508 Mayo Building

Tallahassee, Florida 32399-0800

(904) 488-2226

FAX: (904) 488-4177

53-22

FIELD OFFICE EASTERN REGION
(Continued)

Maine

Mr. Donald C. Hoxie

Director, Division of Health
Engineering

Department of Human Services

Bureau of Health

157 Capitol Street, Station 10

Augusta, Maine 04433

(207) 289-3826

FAX: NONE

Maryland

Mr. David L. Resh, Jr.

Director, Office of Food Protection
& Consumer Health Services

Maryland State Department of
Health and Mental Hygiene

4201 Patterson Avenue

Baltimore, Maryland 21215

(301) 764-3579

FAX: (301) 764-3591

Massachusetts

Ms. Maryann Walsh

Secretary, Executive Office of
Consumer Affairs

1 Ashburton Place, Suite 1411

Boston, Massachusetts 02108

(617) 727-7755

FAX: (617) 227-6094

New Hampshire

Mr. Charles Collins

Chief, Bureau of Environmental
Health

Public Health Service

Health and Welfare Building

6 Hazen Drive

Concord, New Hampshire 03301

(603) 271-4587

FAX: (603) 225-2325


FIELD OFFICE CENTRAL REGION
(Continued)

Kansas

Mr. James Pyles

Consumer Product Safety Officer
Department of Health & Environment
Bureau of Food, Drug & Lodgings
109 S.W. 9th Street, Suite 604
Topeka, Kansas 66612

(913) 296-5602

FAX: (913) 296-6231

Kentucky

Mr. Terry Wescott

Director, Product Safety Branch
Department for Health Services
Cabinet for Human Resources
275 East Main Street

Frankfort, Kentucky 40621

(502) 564-4537

FAX: (502) 564-6533

Michigan

Mr. Adrian Oudbier

Chief, Field Studies Unit

Center for Environmental Health
Sciences

3500 N. Logan-P.0. Box 30035

Lansing, Michigan 48909

(517) 335-8350

FAX: (517) 335-8121

Minnesota

Mr. Douglas Blanke

Assistant Attorney General

Consumer Protection Division
Minnesota Attorney General’s Office
Ford Building-Room 124

117 University Avenue

St. Paul, Minnesota 55155

(612) 296-2306

FAX: (612) 297-4348

5-25

FIELD OFFICE CENTRAL REGION
(Continued)

Mississippi

Mr. Paul Rankin, Assistant
Director, Food Sanitation Branch
Mississippi State Board of Health
2423 No. State Street Suite 226
P. 0. Box 1700

Jackson, Mississippi 39205

(601) 960-7689

FAX: None

Missouri

Mr. Erwin Gadd

Chief, Bureau of Community
Sanitation

Missouri Department of Health

1730 E. Elm Street-P.0. Box 570

Jefferson City, Missouri 65102

(314) 751-6090

FAX: (314) 751-6010

Nebraska

Mr. Burke Cassari

Director, Bureau of Health
Protection

State Department of Health

301 Centennial Mall So.-3rd Floor

Lincotn, Nebraska 68509

(402) 471-2133

FAX: (402) 471-0383

North Dakota

Dr. James Pearson

Director, Consolidated Laboratories

Department of Health and
Consolidated Laboratories

2635 E. Main Ave.-P.0.Box 937

Bismarck, North Dakota 58501

(701) 224-2382

FAX: (701) 221-6145


APPENDIX K

Organizational Structure
and Functions


CHEMICAL SPECIALTIES MANUFACTURING ASSOCIATION (CSMA)

September 7 OGC: Proposition 65 of California, CSMA v.
Allenby, and impact upon CPSC of potential ruling
in that case with respect to FHSA preemption

October 10 Commissioner Carol G. Dawson (speaker) & CPSC
staff: CSMA Conference

CHEVRON

June 6 Chairman Jacqueline Jones-Smith: general CPSC
issues

CHILDREN’S MEDICAL CENTER, DALLAS, TEXAS
June 26 Chairman Jacqueline Jones-Smith: child drownings
CIGARETTE LIGHTER ASSOCIATION
May 24 Chairman Jacqueline Jones-Smith: introductory
courtesy call and to discuss CPSC’s efforts in the

cigarette lighter area

CIGARETTE LIGHTER INDUSTRY (representatives of)

September 25 EXPB: certification issues for a child-resistant
lighter rule
CLOROX
dune 6 Chairman Jacqueline Jones-Smith: general CPSC

issues
COALITION FOR CONSUMER HEALTH & SAFETY
March 19 Chairman Jacqueline Jones-Smith, Commissioner
Carol G. Dawson, & Commissioner Anne Graham: the
Coalition’s issue agenda as it impacts CPSC
June 28 CA: reporting under Section 15 of the CPSA
COCA-COLA COMPANY

June 25 Chairman Jacqueline Jones-Smith: general CPSC
issues

COLLOQUIUM BY AND FOR REGULATORY ANALYSTS

September 28 Commissioner Carol G. Dawson/staff: informing the
public about risk as an alternative to regulation

Cll


10.

il.

12.

13.

United States v. Red Rocket Fireworks Co., Inc, and Daniel
Aycock, Civil Action No. 90-0363 (D. Colo.). On January
31, 1990 the government filed a complaint and motion for
preliminary injunction against an importer of fireworks.
On March 23, 1990 the Court entered a consent decree of
permanent injunction which requires the firm to test 15
samples of every firework it imports.

United States v. Advanced Imports, Inc. and _ Gerald
Dunnegan, Civil Action No. 90-1634 (D. Kan.). On July 3,
1990 the Court entered a consent decree of permanent
injunction, which was filed simultaneously with the
complaint and which requires the firm to test 15 samples of
every firework it imports.

United States v. Clover Imports, Inc., Louis Casale and
John Beckmann, Civil Action No. 90-1489 (MAC) (D.N.J.). On
April 30, 1990 the Court entered a consent decree of
permanent injunction, which was filed simultaneously with
the complaint and which requires the firm to test 15
samples of every firework it imports.

U.S. v. 0O.K. Toys, Inc. and M. K. Chow, Civil Action No.
90-3970 - RJK (GHKx) (C.D. Cal.). On August 10, 1990 the
Court entered a consent decree of permanent injunction,
which was filed simultaneously with the complaint and
which prohibits the firm from importing toys that fail to
comply with CPSC requirements.

U.S. v. Toys R Us, Inc., Charles Lazarus, and Michael
Goldstein, Civil Action No. 90-3315 (D.N.J.). On August
20, 1990 the government filed a complaint and motion for
preliminary injunction against an importer of toys.
Discovery began, with depositions taken on September 24,
26, and 28, 1990.

U.S. v. Tllco Toy Co., USA and Martin Scheman, Civil Action
No. 90-C-5405 (JFK) (S.D.N.Y.). On August 20, 1990 the
government filed a complaint and motion for preliminary
injunction against an importer of toys.

U.S. v. Lionel Leisure, Inc. and Michael J. Vastola, Civil
Action No. 90-5417 (E.D. Pa.}. On August 20, 1990 the
government filed a complaint and motion for preliminary
injunction against an importer of toys. A telephone status
conference was held on September 7, 1990. Discovery began
on September 17, 1990. A preliminary injunction hearing
was scheduled for November 5, 1990.



REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT TYPE OF REGULATION PART NUMBER
Paper items HSA exemption from labeling 1500.83(a)(3)
ist
Paraphenylenediamine HSA labeling 1500.13(a)
Patching compounds, containing CPSA ban 1304
asbestos
Perchloroethylene in visual HSA exemption from labeling 1500.83(a) (31)
Percussion explosives HSA definition 1500.3(c){7) (i) (a)
Petroleum distillates HSA labeling 1500.14(a) (3)
special labeling 1500.14(b) (3)
exemption from labeling 1500.83(a)(8), (9),
(11), (13), (14),
(20)
PPPA special packaging 1700.14(a)(7), (2),
(15)
Phenol (carbolic acid) HSA labeling 1500.129(d)
Photodynamic sensitizer HSA definition 1500.3(b) (9)
Photographic color processing HSA exemption from labeling 1500.83(a) (25)
kits
Plant foods, dry granular HSA exemption from labeling 1500.83(a) (21)
Playpens: CPSA to be regulated under 1145.13
expandable the CPSA
mesh-sided CPSA to be regulated under 1145.11
the CPSA
Poisons, caustic HSA labeling requirements 1500.129
Polishing products HSA exemption from labeling 1500.83(a)(11)
Potash, caustic HSA labeling 1500.129(i)
special packaging 1700.14(a) (5)
Potassium hydroxide HSA labeling 1500.129(i)
PPPA = special packaging 1700.14(a) (5)
Potassium supplements, PPPA exemption from special 1700.14(a)(10)(vi)

effervescent

packaging

1-13


During the summer of 1990, the Commission staff completed a test method
development program to measure emissions from unvented combustion sources. UL
has established a similar hood test system and is in the process of
duplicating the testing parameters established at CPSC. Revisions to the
standard for kerosene heaters (UL 647) will be proposed in 1991. The test
method developed in conjunction with the kerosene heaters project will be
applicable to measuring emissions from unvented gas space heaters as well as
kerosene heaters. Testing of unvented gas space heaters will be initiated in
1991,

The Arts and Craft Materials Institute requested an extension of the
compliance deadline for their labeling requirements and again requested
clarification of the need for a telephone number on the labels of arts and
crafts materials. The Commission will conduct a public hearing early in 1991
to provide an opportunity for comments on draft guidelines which specify
criteria for determining when customary or reasonably foreseeable use of
materials can result in a chronic hazard.

Electrical and Power Equipment

There was one participation level and six monitoring level projects taking
place in the Electrical and Power Equipment Program during this reporting
period. The participation level project dealt with riding mowers. The
monitoring level projects were: (1) all-terrain vehicles (ATVs); (2) chain
saws; (3) hair dryers; (4) National Electrical Code; (5) electric outlets; and
(6) shock protectors. Satisfactory progress was reported by the CPSC staff on
all of these projects.

A new national consensus voluntary standard, entitled "Immersion-
Detection Circuit-Interrupters," UL 1664, was approved on 5/8/90. This
standard provides requirements for a device to interrupt the electric power if
an appliance operating on less than 250 volts 1s dropped into water. The UL
safety standard for electric chain saws, UL 1662, was approved as an ANSI
American National Standard on 10/5/89. UL’s revised safety standard on hand-
held hair dryers, entitled "Household Electric Personal Grooming Appliances,"
UL 859, was approved on 12/7/89. This standard provides immersion protection
for hair dryers which are in the "on" or "off" mode.

Dialogue has continued between CPSC and UL on the need to revise the
standard on receptacle outlets (UL 498). UL held two Industry Advisory
Council (IAC) meetings since 4/90 and issued proposed changes to the UL
standard. CPSC staff submitted comments to the proposed changes and wil]
continue to monitor progress in revising this voluntary standard.

On 2/1/90, ANSI approved the industry voluntary standard for all-terrain
vehicles (SVIA-1) as an American National Standard (ANSI/SVIA-1). The
standard’s requirements had already been implemented by prior agreement with
the major ATV distributors for ATVs produced after 12/31/90. The standard
includes various performance and configuration requirements. For two
categories of youth vehicles, the standard provides for maximum speeds in both

E-5


APPENDIX G

Litigation and Settlements


Citation Action Manufacturer/Importer City & State Zip
16 CFR 1501 Recal] Jacobson Stores, Inc Jackson, MI 49201
16 CFR 1501 Recall Uneeda Doll Co. Brooklyn, NY 11232
16 CFR 1510 Recall N & P Sales New Castle, DE 19720
16 CFR 1501 Recall Henry Gordy Int’1, Inc Plainfield, Nd 07061
16 CFR 1501 Recall Commonwealth Toy & New York, NY 10001
Novelty

16 CFR 1501 Recall Toys "R" Us Paramus, Nd 07652
16 CFR 1501 Recall? Toys "R” Us Paramus, NJ 07652
16 CFR 1501 Recall Lionel Leisure, Inc Philadelphia, PA 19114
16 CFR 1501 Recall Lionel Leisure, Inc Philadelphia, PA 19114
16 CFR 1510 Recall Kids Corporation Int’) Miami, FL 33176
16 CFR 1501 Recall Doo Duds, Inc Miami, FL 33147
16 CFR 1501 Recalt Mar-Ching Export-Corp Hialeah, FL 33014
16 CFR 1501 Recall .

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1516 Recall

16 CFR 1501 Recall ABC Distributing, Inc N. Miami, FL 33181
16 CFR 1510 Recall Stahlwood Mfg Co., Inc Youngsville, NC 27956
16 CFR 1501 Recall Media Materials, Inc Baltimore, MD 21224
16 CFR 1301 Retrofit Badger Disposal Service Columbus, WI 53925
16 CFR I501 Recall Division Sales, Inc Itasca, IL 60143
16 CFR 1501 Recall Oriental Trading Co, Inc Omaha, NE 68137
16 CFR 1501 Recall

16 CFR 1501 Recall Amazing Stores Bloomfield, CT 06002
16 CFR 1501 Recall

16 CFR 1501 Recall Nikko America, Inc Richardson, TX 75081
16 CFR 1501 Recal]

16 CFR 1501 Recall

F-ll


ADMINISTRATIVE CONFERENCE OF THE UNITED STATES (ACUS)
June 7-8 Commissioner Carol G. Dawson: Plenary Session
ADOLPH KIEFER AND ASSOCIATES

July 27 Commissioner Carol G. Dawson & EXPB: pool
safety

AIR QUALITY SCIENCES

March 1 EXPB & other CPSC staff: testing carpet for
organic emissions

AMERICAN APPAREL MANUFACTURERS ASSOCIATION (AAMA)

December 14 CA: children’s sleepwear enforcement policy
January 18 Commission Meeting: adult sleepwear briefing
July 24 Chairman Jacqueline Jones-Smith: enforcement

policies for children’s sleepwear

AMERICAN ASSOCIATION OF RETIRED PERSONS (AARP)

January 18 Commission Meeting: adult sleepwear
July 12 EXPB & Fire/Burn Team: flammability of adult
nightwear

AMERICAN BAR ASSOCIATION, TORT AND INSURANCE PRACTICE SECTION

April 26-27 EXPB & other CPSC staff: indoor air pollution
seminar

AMERICAN FIREWORKS STANDARDS LABORATORY

December 12 CA: status of the Laboratory and the recent
travel to Hong Kong and China pertaining to
fireworks

February 2 Chairman Jacqueline Jones-Smith: introductory

courtesy call and to discuss background and
current status of fireworks industry

AMERICAN FURNITURE MANUFACTURERS ASSOCIATION

March 15 Chairman Jacqueline Jones-Smith: introductory
courtesy call

AMERICAN GAS ASSOCIATION (AGA)

January 19 Chairman Jacqueline Jones-Smith: introductory
courtesy call


Date

Firm and Product

Alleged Hazard

Remedy

12/89

12/89

12/83

12/89

Sico, Inc.
Minneapolis, MN

Folding Mobile
Tables, 50 inches or
higher when folded

Krueger International
Green Bay, WI

Folding Mobile
Tables, 50 inches or
higher when folded.

Midwest Folding
Products
Chicago, IL

Folding Mobile
Tables, 50 inches or
higher when folded

Comfort Products,
Inc.
Carrollton, TX

Comfort Float

When children move or
play with folded
mobile tables, the
tables have the
potential to tip over
on them possibly
resulting in death.

When children move or
play with folded
mobile tables, the
tables have the
potential to tip over
on them possibly
resulting in death.

When children move or
play with folded
mobile tables, the
tables have the
potential to tip over
on them possibly
resulting in death.

In water depths
greater than two
inches, the float may
become unstable
allowing the infant
user’s face to be
submerged in water.

F-29

The firm joined
a program to
place permanent,
uniform, warning
labels on all
tables
distributed
through out the
country.

The firm joined
a program to
place permanent,.
uniform, warning
lables on all
tables
distributed
through out the
country.

The firm joined

“a program to

place permanent,
uniform, warning
labels on all
tables
distributed
through out the
country.

The firm
recalled all
units offering
consumers a full
refund, credit
or fair market
value.


CONSUMER INFORMATION

During FY 1990, the Commission issued 156 news
releases about recalled products and hazard warnings.
Through the CPSC Hotline, 158,676 calls were
handled, of which 1,774 were actual complaints about
potentially hazardous products. Approximately 90,000
requests for information were received, resulting in
the distribution of approximately 1.5 millon copies
of publications about product hazards and safety in
the home.

The Commission held its annual news conferences
on toy safety, poison prevention week and fireworks
during the year. In addition, the Commission held
news conferences on several important compliance and
enforcement matters including the recall of infant bean
bag cushions, flammable aerosol string streamers
(spray string), the recall of water coolers having lead-
lined tanks, and the child drownmg risks associated
with five-gallon buckets.

The poison prevention news conference was
conducted as part of the Commission’s ongoing work
with the National Poison Prevention Week Council,
which also includes efforts to promote poison
prevention, the use of child-resistant closures, and
participation in state and local poison prevention
programs. The Commission serves as ‘Secretary’ of
the Council.

CPSC Regional Offices developed a product
safety message for grocery bags of the national grocery
chain of Safeway stores, which distributed
approximately six million grocery bags throughout the
United States.

Commission staff provided oversight for
industry-produced video news releases on the recall
of some 1.6 million potentially hazardous
coffeemakers, the modification of certain backyard
play equipment, and the drowning risks posed by five-
gallon buckets.

New consumer information publications
produced during the year included a technical
information guide comparing a number of playground
surfacing materials, a home wiring guide, and several

indoor air quality publications on biological pollutants,
asbestos m the home, formaldehyde, and a safety alert
on lead-based paint in the home

The staff also distributed a safety alert to art
teachers in 23,000 elementary schools warning that
students should not use art materials labeled as
hazardous under the Labeling of Hazardous Art
Materials Act Also distributed in FY 1990, as part
of the annual “Operation Water Watch” child
drowning prevention program, were some 15,000
packets of materials for use by the media, health
departments, health care providers, state and local
governments, consumer and community groups, and
others.

This child drowning prevention program is
conducted as part of the Commussion’s jomt activities
with the National Swimming Pool Safety Committee,
which is comprised of government agencies, industry,
and groups and individuals concerned with aquatic
safety. The purpose of the Operation Water Watch
program 1s to reduce the estimated 350 drownings of
children under age five each year in backyard pools
and spas.

The Commission’s Regional Offices helped
promote safety with automatic garage door openers
by dissemmnating safety warnings, participatmg m news
conferences, and working with coalitions at the state
and local level to inform the public of this hazard.
In California and Minnesota, state laws were enacted
to improve safety with automatic garage door openers.
By the end of 1990, CPSC had reports of 45 deaths
associated with automatic garage door openers. The
effort to warn the public of this hazard, as well as
to improve standards for the products, will continue
in the next year.

By participating in child safety coalitions at the
national, state, and local levels, CPSC helped promote
the use of anti-scald devices to prevent burn injuries;
bicycle helmets to prevent. head injuries; and several
other injury prevention activities.


Date Product Model Violation
3/90 Old Time Car #8819 Banned Smal] Parts
3/90 Toy Stuffed Lamb #99219 Banned Smal] Parts
3/90 Super Locomotive #626 Banned Small Parts
Wonderful Plane #6937 Banned Small Parts
3/90 Snoopy Wind-Up Train #711 Banned Smal] Parts
3/90 Giraffe #788 Banned Small Parts
Big Wheel Porter #789 Banned Smal] Parts
3/90 Public Telephone #WM3922 Banned Smal] Parts
3/90 Happy Flapping Car #8668, #8228 Banned Smal1 Parts
Police Happy Tricycle #636 Banned Small Parts
Cycling Bear #6968 Banned Small Parts
Naughty Bear #6967 Banned Smal] Parts
Ice Cream Van #6973 Banned Small Parts
3/90 Popeye Dol? 11" #P4200 Banned Smal] Parts
3/90 Music Box Mobile #3820B Banned Smal? Parts
3/90 Lovely Dolls #D13/3 Banned Small Parts
Lovely Dolls #C1372 Banned Small Parts
3/90 Ring Ring Play Phone #537/88 Banned Smal} Parts
3/90 Magic Sox #160 Banned Small Parts
4/90 Riding Rabbit #966-196 Banned Small Parts
4/90 Tricky Fun String #7501 Banned Flammable
Children’s
Article
4/90 Crawling Critter Toy #791 Banned Smal] Parts
4/90 Stuffed Baby Bear #3737 Banned Small Parts
4/90 Precious Playmate Dol] #905588 Banned Small Parts
4/90 Play N Learn Phone #31285 Banned Smal] Parts
4/90 Lawn Darts Perry Drug - #65260 Banned Lawn Darts

F-12


Date Product Model Violation
7/90 Bunny on Motor Scooter #522 Banned Small Parts
7/90 Wind-Up Turtle Toy #581 Banned Small Parts
7/90 Peek-A-Boo Ernie #8810 Banned Small Parts
7/90 Bird Whistle W/Candy #SW187 Banned Smal] Parts
Tom-Tom Drums #SK225 Banned Small Parts
7/90 Sound & Shape Center #14756 Banned Small Parts
Shape & Sound Tubes #14757 Banned Small Parts
Puzzle Sound Tubes #14758 Banned Smal] Parts
7/90 Music Maker Elephant #29/555 Banned Small Parts
8/90 Wooden Trains #13300 Banned Small Parts
Wooden Trains #13602 Banned Small Parts
Fantasy Land Nessey #13822 Banned Small] Parts
8/90 Clutch Rattle "Fozzi" Bear, #B304 Banned Rattle
8/90 Sesame St Rhythms Band #3553 Banned Smal] Parts
8/90 Mickey Mouse Tricycle #8737 Banned Small Parts
Mickey Mouse Sea Plane #8706 Banned Smal] Parts
8/90 Dress Myself Clown #52410 Banned Small Parts
8/90 Streamer Spray 3.5 oz. Cans Banned Flammable
Children’s
Article
8/90 Car Transport toy #710 Banned Smal] Parts
8/90 3inl Colorful Keyhouse #717563 Banned Small Parts
8/90 Mops, brooms, sticks Banned Lead-in-Paint
8/90 Pull Out Peg Puzzie #7238 Banned Smal] Parts
8/90 Beaded Trumpet Rattle #BB4941 Banned Rattle
9/90 Pom Pom Pets Assmt Banned Small Parts
9/90 Sidewalk Bicycle #JF-246B Banned Fails Standard
9/90 Clown Doll #6159 Banned Smal] Parts
9/90 Children’s Sleepwear #9477 Fails Sleepwear
Standard

F-18


Durng 1990, the Commussion staff studied
factors related to lateral stability incidents with all-
terrain vehicles (ATVs). While several factors were
found to be associated with incidents judged to be
telated to lateral stability, the data were insufficient
to show that the static measure of the resistance to
sideways tipping was significant.

The Commission staff developed a booklet
providing guidance to consumers on Home Wiring
Hazards. CPSC estimates that there are about 46,400
fires involving the home electrical system each year.
These fires result in 440 deaths, 1,420 injuries and $434
million in property losses each year.

A child-based test protocol to measure the child-
Tesistance of cigarette lighters has been developed and
puot-tested. Using this protocol, the performance of
currently-marketed lighters has been evaluated. In FY
1991, the Commission will consider proposing a
mandatory standard for child-resistant cigarette
hghters

The Fire Safe Cigarette Act of 1990 was signed
by the President. CPSC is to coordinate the efforts
of several groups to develop a test method to measure
the ignition propensity of cigarettes, to conduct field
studies of cigarette-ignited fires, and to study the
toxicity and health effects of cigarettes of reduced
ignition propensity.

An assessment of the 1982 mandatory for walk-
behind lawnmowers confirms the effectiveness of the
standard. Injuries have decreased 38 percent between
1983 and 1989 with injury cost savings of $680 mullion
to date. Approxumately 23,000 injuries will continue
to be avoided annually at a cost savings of $195 million
each year.

An evaluation of the effectiveness of child-
Tesistant packaging for prescription medicines
estimated that 340 children’s lives have been saved
between 1974 and 1986. CPSC found a statistically
significant decline in the child fatality rate after 1974,
the year m which child-resistant packaging was
required for oral prescription medicines. The estimate
Of 340 lives saved since 1974 relates to oral prescription
medicines only and does not include additional

lives that may have been saved by child-resistant
packaging on other products.

CPSC developed or evaluated warning labels for
saunas, kerosene heaters, cigarette lighters, hairdryers,
balloons, and waterbed mattresses Commussion data
analysis of head injuries led to public information
efforts to mcrease helmet use in several activities (such
as bicycle nding, horseback riding, ATV riding, and
skiing). The Commission also completed a data
analysis of electrical hazards involving appliance cords.
This will be helpful to Underwnters Laboratories and
to developers of the National Electrical Code.

During 1990, the Commission adjusted the
sample of hospitals in the National Electronic Injury
Surveillance System (NEISS) to account for changes
in hospitals since the last sample redesign in 1978.
CPSC also began recruiting hospitals to participate
in a major system upgrade which will increase the
sample size from 65 to 91 hospitals in 1991. In 1990
approximately 160,000 product-related inyury cases
were collected from NEISS hospitals and over 1,700
of these were investigated by telephone or on-site to
determine the precise cause of the incident.

CPSC’s Regional Centers have developed 48
memoranda of understanding with states aimed at
sharing information to help CPSC and the States use
our collective resources for consumer protection
activities. In addition, CPSC has developed memo-
randa of understanding with the Army and Air Force
Exchange Service, National Highway Traffic Safety
Administration, National Conference of States on
Building Codes and Standards, Council of American
Building Officials, National Fire Protection
Association, Association of Food and Drug Officials,
U.S. Customs Service, and National Association of
Consumer Agency Administrators. Each of these
agreements helps our agencies work effectively
together to promote product safety and consumer
protection in general. CPSC has also commissioned
216 state officials in 23 states to conduct compliance
activities on behalf of the Commussion. State
commussioned officials are qualified and capable of
functioning as CPSC investigators, thereby extending
our field resources.

COMPLIANCE AND ENFORCEMENT

During 1990, nearly 59 million products were
voluntarily recalled from the marketkplace for failing
to comply with applicable Commission regulations or
presenting substantial product hazards to consumers.

These actions included 101 corrective actions under
Section 15 of the Consumer Product Safety Act and
148 recalls for failing to comply with an applicable
Commussion safety rule. Among the many products


Date

Firm and Product

Alleged Hazard

Remedy

9/90

9/90

9/90

Builders Square, Inc.
San Antonio, TX

Bay Breeze brand
Ceiling Fans
imported by
Manufacturing Group
of America, Inc.

Taco Bell
Irvine, CA

Taco Bel] Restaurant
Greg Lamond Water
Bottle promotional
item.

Noma Outdoor Products
Des Moines, IA

Sears gas-powered
edger/trimmer, Model
797530

If the bracket breaks
and the blade flies
off, it could injure
anyone nearby it may
strike.

If the mouthpiece is
swallowed, a choking
hazard is presented.

Gas leaking from
cracks in gas tank
could ignite and
injure users .

F-46

Builders Square
will refund
purchase price
to consumers.
It is replacing
defective blade
brackets on
inventory units
with acceptable
replacements.

Refunds being
provided for the
return of the
water bottle.

Noma replaced
gas tanks on all

“firm’s and Sears

inventory.


Date Product Model Violation
5/90 Thick Super String 4 oz. Cans Banned Flammable
Children’s
Article
5/90 Decoy Duck #63002 Banned Small? Parts
5/90 Musical Crib Mobiles Carousel - #555 Banned Small Parts
Musical Crib Mobiles Mother Goose - #658 Banned Small Parts
5/90 Futons/ Mattresses #1 Fails Mattresses
Standard
5/90 Cutie Kid W/Pacifier #10589 Banned Small Parts
6/90 Water Color & Brushes #LV8888 Banned Lead-in-Paint
6/90 My Busy Book #LV9314 Banned Smal] Parts
6/90 Printed T-Shirt youth size Banned Lead-in-Paint
Printed T-Shirt adult size Banned Lead-in-Paint
6/90 Pop Up Pals Toy #8785 - SKN#214108 Banned Small Parts
6/90 Roller Lisa Dol] #SK990 Banned Small Parts
6/90 Happy Bear Tambourine #KP353 Banned , Smal] Parts
Froggy Maracas #KP352 Banned Smal] Parts
Ducky Castanets #KP350 Banned Small Parts
6/90 Bib to Bowl Pacifier #1852045 Banned Pacifier
6/90 Music Master Xylophone #SX-305 - SKN#421944 Banned Lead-in-Paint
7/90 Stain Remover #HP9000 Misbranded Hazardous
Substance
7/90 Baby Alice w/Bottle #20989 Banned Small Parts
Baby Linda w/Bottie #21173 Banned Smali Parts
Comfy Karen w/Bottle #21282 Banned Smal] Parts
Baby Bottle Toy #21153 Banned Smail Parts
Nursing Bottles #21132 Banned Smal] Parts
Toy Telephone #20930 Banned Smal] Parts
Toy Work Truck #1908 Banned Smal] Parts
Car Transport w/2 Cars #42124 Banned Small Parts
7/90 Spring N’ Bounce Car #8941 Banned Small Parts
7/90 Wind-Up Tubbables #3047-1 Banned Smal] Parts

F-16


'

Date

Firm and Product

Alleged Hazard

Remedy

7/90

7/90

8/90

8/90

Hamilton Beach Inc.
Washington, NC

Under-the-Cabinet
Drip Coffee Maker
Model No. 816-2 and
816-3

Suntec Industries

Inc.
Rockford, IL

Fuel unit consisting
of a pump and valve
for use on an 011
furnace

Buckhorn Corp.
Milford, OH

STOW-AWAY Storage

Boxes
12 gallon

Phillips Fung Ying
Corp.
Brooklyn, NY

Electrical
Transformer

The analog clock in
the coffee maker has
a defectively
designed switch,
which can cause
uncontrolled arcing.
Continued arcing can
ignite the plastic
switch housing and
coffee maker
enclosure, creating a
fire hazard.

An oi] leak may cause
odor and stain
damage. A remote
risk exists that the
fuel oi] would
contact an ignition
source.

A young child may

suffocate if he were
to become entrapped
in the storage box.

When one plug is
inserted into a wall
receptacle first, the
plug at the other end
is electrically
charged. Consumers
could received severe
electrical burns or
be electrocuted if
they touch the
energized plug.

F-42

The firm
recalled the
coffee makers
and offered
consumers
replacements.

Suntec recalled
units from
distribution
chain and
inventory to
rework defective
units as
necessary.

The firm
redesigned the
storage box to
include holes
under the
handles to
provide
ventilation
inside the box.

The firm
cooperated in a
joint press
release with
CPSC and the
N.Y. Attorney’s
General’s Office
and will provide
a full refund to
consumers who
purchased the
product.


Date

Firm and Product

Alleged Hazard

Remedy

11/89

11/89

11/89

Interkal, Inc.
Kalamazoo, MI.

"Brunswick", "Vecta"
“Interkal" manual,
telescopic bleachers
produced between 1966
&1979

Buddy L Corporation
New York, NY

Pepsi Cola Trucks,
1976 to 1989

Emerson Electric
Company
Hazelwood, MO

Sears "Craftsman" 8
and 9 inch table saws
8" models:
113.221610,
113.221611,
113.221640

If the bleachers are
not maintained
properly and/or not
operated correctly,
after a period of
time the bleachers
may collapse.

A 4.3" long by .15"
diameter, white
plastic rod used to
hold bottle cases on
Pepsi Cola toy trucks
can be inserted into
and injure ears of
small children.

If the saw is
operated with the
blade safety guard
raised, the guard may
fall striking the
blade. The operator
could contact the
blade as a result of
a “startle reflex".

F-27

A joint press
release was
issued 11-89
advising
consumers of
this hazard.
Also the firm
implemented a
mailing notice
program to
contact al] the
schools that
received the
problem
bieachers.

Warning labels
were placed on
packaging for
the trucks,
advising parents
to remove and
giscard the rod.
The firm
discontinued
using the rod on
the trucks.

Consumers owning
these saws may
obtain a free
redesigned blade
guard by
contacting Sears
Roebuck and
Company, or
Emerson directly
at 1-800-237-
8279.


1991. The ASTM F15.24 Task Group is continuing to work on provisions for a
non-full-size crib voluntary standard which will address the structural
integrity of such cribs.

The ASTM Subcommittee Ballot on a proposed, new bunk bed national
voluntary consumer standard closed 10/22/90. The final standard could be
approved early in 1991. The American Furniture Manufacturers Association is
continuing to work on development of a certification program. CPSC
Engineering Sciences (ES) completed bike helmet tests which evaluated test
procedures in the ANSI Z90.4-1984 standard. On 9/19/90, CPSC staff visited
SNELL Laboratory to discuss their work on revising the SNELL standard. As a
result of this meeting, CPSC staff may have other suggestions for revisions to
the ANSI standard.

The Commission staff’s contract work on public playground equipment was
completed in 3/90. The report of a research consultant, COMSIS, was shared
with the ASTM Subcommittee on Public Playground Equipment. The Subcommittee
was asked to provide comments to the CPSC staff by 10/1/90. The
Subcommittee’s comments will be considered by the CPSC staff in their work to
revise the CPSC handbook on public playground equipment which was first
published in the early 1980’s. The CPSC staff will continue to work with the
Subcommittee on their development of a voluntary standard.

Work is progressing to develop requirements for a third revision to an
ASTM standard on home playground equipment. A second revision is scheduled
for ASTM Society Ballot in 10/90 and could be approved in early 1991. A new
ASTM standard for playground surfacing may be approved in late 1990. The
group developing the standard may revise it so as to include the impact
attenuation criteria in the CPSC Technical Fact Sheet.

The ASTM Task Group on Toy Safety has met three times since the beginning
of 1990. The Task Group’s work has resulted in the development of a proposed
revision to the toy safety standard which will include warning labels for
balloons. This proposed revision is on the 9/90 ASTM Society Ballot and could
be approved in late 1990. The ASTM Task Group on Toy Safety is also
considering adding to the toy safety standard, labeling provisions for crib
mobiles (warning labels similar to that for crib gyms) and language to clarify
provisions dealing with crib toy string lengths. The CPSC staff will continue
to work with the ASTM Task Group and at the same time conduct a project of its
own which could lead to mandatory rules to address the entanglement/
strangulation hazards associated with crib toys.

Fire and Thermal Burn Hazards and Household Structural Products

The CPSC staff participated in 11 voluntary standards projects and
monitored four others during this period. The participation level projects
were: (1) cigarette lighters; (2) swimming pool covers; (3) swimming pool
barriers; (4) diving; (5) spas and hot tubs; (6) fire hazard assessment
(previously included in a project called fire toxicity); (7) gas central
furnaces; (8) gas flexible connectors; (9) gas water heaters; (10) LP-gas; and

E-7


Voluntary Standards Activities

There were 11 new or revised national consensus voluntary standards
approved in FY 1990 for which the Commission provided technical support.
These standards provide improved consumer product safety for all-terrain
vehicles, carriages and strollers, chain saws, high chairs, chimney liners,
fireplace stoves, hair dryers, solid-fuel room heaters, immersion-detection
circuit-interrupters, pacifiers, and play yards. The development of these
standards was coordinated by three organizations: the American National
Standards Institute (ANSI), ASTM (formerly called the American Society for
Testing and Materials), and Underwriters Laboratories (UL).

A new American National Standard was approved by ANSI for all-terrain
vehicles (ATVs) which includes performance and configuration requirements for
four-wheeled ATVs and provides maximum speeds in both the limited and
unlimited modes of operation. ANSI also approved the UL electric chain saw
standard as an American National Standard.

ASTM approved a new standard which limits the levels of n-nitrosamines in
rubber baby nipples on pacifiers. In addition, three revised ASTM standards
were approved. The safety standard for carriages and strollers was revised to
provide additional assurance that caps, sleeves or plugs, used for protection
from sharp edges and points, will be more secure and less likely to be removed
or fall off. The revised standard on children’s high chairs improved warning
label visibility by making sure that the label is not obscured when the child
is placed in the chair. The play yard revised standard added a side strength
deflection test to assure increased safety when a mesh sided play yard with no
rigid top rail is used. In addition, a previously approved ASTM voluntary
standard on amusement rides and devices was reaffirmed.

UL approved two new standards. The immersion-detection circuit-
interrupter standard provides requirements for a device to interrupt the
electrical current to an appliance operating on less than 250 volt AC power
when the appliance is accidentally immersed in water. A new chimney liner
standard provides for high temperature exposure. There were three revised UL
standards approved. The hair dryer standard provided immersion protection if
an electric hand-held hair dryer is immersed in either the "on" or "off" mode.
Both the revised standard on solid-fuel room heaters (wood-burning stoves) and
the revised standard on fireplace stoves are performance standards covering
upgraded installation instructions.

Within the model building codes, the Council of American Building
Officials (CABO), the Southern Building Code International (SBCCI), and the
International Conference of Building Officials (ICBO) approved adding the
Commission staff’s pool barrier proposal to their model codes. Both ICBO and
the Building Officials and Code Administrators (BOCA) approved new provisions
which deal with wall pass-through systems for wood-burning appliances.
Further, ICBO also adopted provisions requiring that high-temperature chimneys
be used with closed-combustion wood-burning stoves.


e

Elevators and other lifts

Fireworks and flares

Fuel-burning lighting equipment and fuels
Gasoline and diesel fuels

Generators and utility meters
Miscellaneous

"TOTAL" includes unknown ages. Therefore, the aggregated age groups may
not equal the total.

The NEISS is a probability sample of the hospita? emergency departments in
the United States and its territories. All consumer product-related
injuries treated in the sample hospitals are transmitted via computer to
the Commission on a daily basis. These injury reports not only provide
the means for estimating the magnitude of consumer product-related injuries
in the United States, but also provide a source for gathering further
information concerning the nature and probable cause of the accident.

Since the estimates shown in this table are based on a sample of hospital
emergency departments rather than all] hospital emergency departments in the
United States, they are subject to sampling error. For a description of
the sample design and calculation of the sampling error, write:

National Injury Information Clearinghouse
U.S. Consumer Product Safety Commission
Washington, D.C. 20207

Each consumer product-related injury seen in the emergency department is
assigned a severity value ranging from 10 to 2,516, based on a combination
of three factors: injury diagnosis, body part involved, and disposition of
the case. The estimated mean severity is an average severity value for an
estimated number of injuries.

Based on the nature of the injury and the body part affected, at] non-
fatal injuries are classified to a 6-point scale with injuries ranging from
minor to most severe. This ranking is based on medical judgment in terms
of expected physical impact, as well as threat to life and potential for
permanent impairment. This scale value is then increased by one if the
patient is admitted for inpatient hospital care. Therefore, a seventh
point on the scale is established for those injuries with the most severe
classification which require hospitalization. Poisonings are an exception
to the procedure. A poisoning case which is treated and released is
classified as a "2" on this scale, while a poisoning case requiring
hospitalization is classified as a "6." Deaths are classified as "8" on

this scale, but are grouped with Category 7 in the weighting procedure
discussed below.

A geometric inflation factor is used to reflect differences in the degrees
of severity among the seven scale categories. Category 1, the least severe

A-10


SNELL MEMORIAL FOUNDATION
September 19 ES: tests and requirements for bicycle helmets
SOCIETY OF CONSUMER AFFAIRS PROFESSIONALS (SOCAP)

June 6 Chairman Jacqueline Jones-Smith: general CPSC
matters

SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL (SBCCI)

October 24-25 EXPB: Annual Meeting to discuss code proposals on
pool barriers and wood heating
July 11-12 EXPB: 1990 Code Revision Hearing to discuss

swimming pool barriers

SPECIALTY VEHICLE INSTITUTE OF AMERICA (SVIA)

October 18 EXPB & other CPSC staff: ATV voluntary standard

February 1 EXPB & other CPSC staff: ATV voluntary standard
on lateral stability

May 31 EXPB & other CPSC staff: progress on ATV lateral

stability standards
SPORTING GOODS MANUFACTURERS ASSOCIATION

May 21 CA & other CPSC staff: safety of recreational
products

SUNBEAM PLASTICS

duly 18 EXPB & Chemical Hazards Team: child-resistant
packaging

SWIMMING POOL BARRIER RECOMMENDATIONS TRAINING

April 17 Chairman Jacqueline Jones-Smith & Commissioner
Carol G. Dawson (speakers)

SYNTHETIC ORGANIC CHEMICAL MANUFACTURERS ASSOCIATION

June 12 EXPB & other CPSC staff: chemical hazards
projects

TEXAS STATE DEPARTMENT OF HEALTH

June 26 Chairman Jacqueline Jones-Smith: Texas Department
of Health/CPSC cooperative efforts

C-24


APPENDIX D

Log and Status of
Petitions and Applications


Citation Action Manufacturer/Isporter City & State Zip
16 CFR 1500.3 Recall Fun World, Inc Carle Place, NY 11514
(c) (6) (viii)

16 CFR 1500.3 Recall Bender & Sons, Inc New York, NY 10010
(b) (4)

16 CFR 1500.48 Recall Baby Needs, Inc Burlington, NC 27216
16 CFR 1501 Recall I1]co Toy Co. USA New York, NY 10010
16 CFR 1500.3 Recall Masquerade, Inc Brooklyn, NY 11207
(c) (6) (viii)

16 CFR 150] Recall Sandberg Mfg. Co. Chicago, IL 60612
16 CFR 1500.3 Recall Franco American Novelty Glendale, NY 11385
{c) (6) (viii)

16 CFR 1510 Recall Small World Toys Culver City, CA 90230
16 CFR 1501 Recall Bee International Commerce, CA 90040
16 CFR 1501 Recall TOT Co. Los Angeles, CA 90013
16 CFR 1501 Recall] Tai Tung Int’1, Inc Los Angeles, CA 90013
16 CFR 1501 Recall Assoc. Merchandising Corp New York, NY 10018
16 CFR 1500.3 Recall Northeast Import Central Falls, RI 02863
(c){6) (viii)

16 CFR 1501 Recall P.G.I. Toys Ltd. Natick, MA 01760
16 CFR 1501

16 CFR 1501 Recall Hasbro, Inc. Pawtucket, RI 02862
16 CFR 1501 Recall Easy Aces, Inc Providence, RI 02904
16 CFR 1501 Recal] Acme Premium Supply St. Louis, MO 63108
16 CFR 1501 Recall Creative Art Flowers, Inc Hauppauge, NY 11788
16 CFR 1501 Recall]

16 CFR 1501 Recall

F-15


APPENDIX J

Federal-State-Local
Cooperative Mechanisms


REFERENCE SOURCE

TITLE 16 CFR
PRODUCT ACT TYPE OF REGULATION PART NUMBER
Mineral spirits HSA labeling 1500.14(a)(3)
special labeling 1500.14(b) (3)
special packaging 1700.14(a) (15)
Mirrors CPSA exemption from lead 1303.3(c) (2)
Limit
Mixtures of hazardous substances HSA labeling 1500.5
Multiple hazard, substances with HSA labeling 1500.127
Naphtha HSA labeling 1500.14(a) (3)
special labeling 1500.14(b) (3)
Nitric acid HSA labeling 1500.129(c)
Nitroglycerine, prescription, PPPA exemption from special 1700.14(a)(10)(1)
sublingual dosage packaging
Norethindrone acetate tablets PPPA exemption from special 1700.14(a)(10) (xviii)
packaging
Oral contraceptives, cyclical PPPA exemption from special 1700.14(a)(10)(iv)
packaging
Orris root, powdered HSA labeling 1500.13(b)
Oxalic acid and salts of HSA labeling 1500.129(e), (f)
Packages, child-resistant (see child-
resistant packaging)
Packages, sample PPPA = submission 1700.14(b)
Paint, lead in HSA ban over 0.5% (pre- 1500.17(a) (6)
1978)
CPSA ban over 0.06% 1303

(1978 and later)
CPSA_ to be regulated under 1145.2

the CPSA
Paint solvents PPPA special packaging 1700.14(a) (15)
Painting kits HSA exemption 1500.83(a) (25)
Pancrelipase PPPA exemption from special 1700.14(a)(10) (ix)
packaging

1-12


Note:

TABLE 2

Estimates of Hospital Emergency Room Treated Injuries
Associated with the Use of Certain Consumer Products

October 1, 1989 - September 30, 1990 *

3
Source: National Electronic Injury Surveillance System (nerssy

not necessarily that the product caused the injury.

NEISS data indicate that a product was associated with an injury but

2
AGE GROUP
ESTIMATED
y 65 AND MEAN 4/
PRODUCT GROUP’ TOTAL _ UNDER 5 5-24 25-64 OVER SEVERITY

1. Child Nursery Equipment

and Supplies 90,855 75,889 7,463 5,376 2,128 49
2. Toys 156,183 76,164 61,198 16,820 1,930 35
3. Sports and Recreational

Activities and Equipment 3,872,724 189,978 2,723,700 921,151 37,679 31
4. Home Communication,

Entertainment and Hobby

Equipment 114,047 29,251 37,614 34,294 12,742 34
5. Personal Use Items 484,216 148,448 181,891 124,114 29,764 63
6. Packaging and Containers

for Household Products 316,344 49,342 119,558 128,258 19,186 27
7. Yard and Garden Equipment 255,249 12,814 63,320 144,462 34,652 51
8. Home Workshop Apparatus,

Tools and Attachments 336,427 13,099 90,241 200,555 32,499 47
9. Home and Family Maintenance

Products 118,944 = 32,732 29,099 49,030 8,083 62
10. General Household Appl. 146,469 34,055 36,564 61,651 14,131 73
11. Space Heating, Cooling and

Ventilating Appliances 145,979 44,748 34,988 47,150 9,389 139
12. Housewares 760,384 55,882 281,334 380,941 42,002 25
13. Home Furnishings

and Fixtures 1,686,299 486,594 409,860 509,443 280,006 40
14. Home Structures and

Construction Materials 3,007,331 461,981 1,050,965 1,059,242 434,750 36
15. Miscellaneous 203,946 45,090 97,393 48,634 12,829 57

* Comparisons with previous annual report tables must be done with caution since the
NEISS sample was updated as of January 1, 1990.

A-5


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT ‘TYPE OF REGULATION PART NUMBER
Prednisone PPPA exemption from special 1700.14(a)(10)(x)
packaging
Pressure-generating substances HSA definition 1500.3(c)}(7)(i}
Primary irritant HSA definition 1500.3(g) (2)
testing method 1500.41
Propellant devices for model HSA exemption from banning 1500.85(a)(8), (9),
rockets (12), (13)
Radiator cleaners HSA as household substance 1500.3(c)(10)(i)
Radioactive substances HSA defined exemption ma es1tS tae
(c) (8)
Refrigerator doors RSA standard to permit 1750
opening from inside
Refuse bins, unstable CPSA_ ban 1301
Roof coatings HSA exemption from labeling 1500.83(a)(13), (34)
Rope, cord, string, etc. HSA exemption from labeling 1500.83(a) (4)
Rugs (see Carpets)
Rubber vulcanizing preparations HSA exemption from labeling 1500.83(a) (13)
Salt (sodium chloride) HSA exemption from labeling 1500.83(a) (1)
Self-pressurized products HSA exemption from full 1500.83(a) (1)
labeling
testing method for 1500.45, 46
flammable or extremely
flammable contents
information statements 1500.130
required
containing chlorofluoro- CPSA labeling requirement 1401
carbons
containing vinyl chlorides HSA ban 1500.17(a) (10)
Sensitizers HSA definitions 1500.3(b)(9), (c)(5)

1-14


APPENDIX E

Voluntary Standards Activities


CONTENTS

Major Achievements

Hazard Identification, Assessment and Reduction .. 2.0 2 lec e eee eee

Compliance and Enforcement ...... 2 .seseeceeeeceeeeee

Voluntary Standards ..........6.0 2 6 cece eee e eee eee oe

International Affairs ......... 66.5 cece cece cece ence eee eee teen ones
Consumer Information ........ 6. 66 cee ee ete eee eee e ees se eee ee

Appendix A — Death, Injunes and Cost of Injunes from Consumer Products .

Appendix B — Policies, Final Regulations and Proposed Regulations .... .
Appendix C — Meetings of Substantial Interest ... 1... .......0-, coe
Appendix D — Log and Status of Petitions and Applications ...... .
Appendix E — Voluntary Standards Activities 2 ........seeeeee eee
Appendix F — Voluntary Corrective Action Plans and Product Recalls ......
Appendix G — Litigation and Settlements .. ........... .. -- eee eee
Appendix H — Advisory Opmions ..........- cee eee cee enone
Appendix I — Index of Products Regulated by CPSC . ...... ce cece eee
Appendix J — Federal-State-Local Cooperative Mechanisms ............ --

Appendix K — Organizational Structure and Functions . ...........-- .

.Ael

. Bl

-C-l

-D-1

.-E-1


FIELD OFFICE EASTERN REGION
(Continued

New Jersey

Ms. Patricia Royer

Director, Division of Consumer
Affairs

Department of Law and Public Safety

1207 Raymond Boulevard

Newark, New Jersey 07102

(201) 648-3537

FAX: (201) 648-3538

New_York

Mr. Richard M. Kessel
Executive Director

Consumer Protection Board

99 Washington Avenue, Room 1020
Albany, New York 12210

(518) 474-8583

FAX: (518) 474-2474

North Carolina

Mr. Robert L. Gordon

Director, Food and Drug Division
Department of Agriculture

4000 Reedy Creek Road

Raleigh, North Carolina 27607
(919) 733-7366

FAX: (919) 733-6801

Pennsylvania

Ms. Sharon H. Sowers

Administrator, Injury Prevention
Program

State Department of Health

P.O. Box 90

Harrisburg, Pennsylvania 17108

(717) 787-5900

FAX: (717) 783-3794

Puerto Rico

Mr. Jorge Ocacio Rodriguez

Secretary, Puerto Rico Department of
Consumer Affairs (DACO)

P. 0. Box 41059-Minillas Station

Santurce, Puerto Rico 00940

(809) 721-2980

FAX: NONE

J-23

FIELD OFFICE EASTERN REGION
(Continued)

Rhode Island

Mr. Edwin P. Palumbo

Executive Director

Rhode Island Consumers’ Council
365 Broadway

Providence, Rhode Island 02909
(401) 277-2764

FAX: NONE

South Carolina

Mr. Steven W. Hamm
Administrator, South Carolina
Department of Consumer Affairs

2801 Devine Street - 2nd Floor
P. 0. Box 5757

Columbia, South Carolina 29250
(803) 734-9452

FAX: (803) 734-9365

South Carolina (Continued)

Mr. Sam McNutt

Director, South Carolina Department
of Health & Environmental Control

Division of Product Safety, Noise
& Injury Control

2600 Bull Street

Columbia, South Carolina 29201

(803) 734-5071

FAX: NONE

Vermont

“Dr. Robert F. Spengler

Assistant State Epidemiologist
Epidemiology & Disease Prevention
Vermont Department of Health

60 Main Street, P. 0. Box 70
Burlington, Vermont 05402

(802) 863-7240

FAX: (802) 863-7425


Citation Action Manufacturer/Importer City & State Zip
16 CFR 1501 Recall San Francisco Music Box Emoryville, CA 94608
16 CFR 1501 Recall |

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recal)

16 CFR 1501 Recall

16 CFR 1501 Recall] ABC Distributing, Inc N. Miami Beach, FL 33181
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1501 Recall Oriental Trading Co Omaha, NE 63137
16 CFR 1500.49 Recall Pier 1 Imports Fort Worth, TX 76102
16 CFR 1501 Recall Self Help Crafts Akron, PA 17501
16 CFR 1512 Recall China Import Co. Chicago, IL 60639
16 CFR 1303 Recall Plasti-Kote Co., Inc Medina, OH 44256
16 CFR 1501 Recall Milton D. Myer Carnegie, PA 15106
16 CFR 1501 Recall

16 CFR 1501 Recall

16 CFR 1510 Recall sco Imports, Inc San Antonio, TX 78219
16 CFR 1509 Recall] Babee Warehouse, Inc Arlington, TX 76011
16 CFR 1501 Recall Kay Bee Toy & Hobby Shops Pittsfield, MA 01201
16 CFR 1501 Recall Henry Gordy Int’1, Inc Plainfield, NJ 07061
16 CFR 1501 Recall Windsor Toys, Inc Edison, NJ 08817
16 CFR 1500.18 Recal? Division Sales, Inc Itasca, IL 60143
16 CFR 1501 Recall Marlon Creations Long Island City, NY 11106
16 CFR 1501 Recall Illco Toy Co. USA, Inc New York, NY 10010
16 CFR 1501 Recall Consolidated Stores Columbus, OH 43216
16 CFR 1501 Recall Battat, Inc Plattsburgh, NY 12901
16 CFR 1501 Recall

F7


ABBREVIATIONS

We have used the following abbreviations:

ATVs All-Terrain Vehicles

CA Directorate for Compliance and Administrative
Litigation

CPSA Consumer Product Safety Act

CPSC Consumer Product Safety Commission

EC Directorate for Economic Analysis

—P Directorate for Epidemiology

ES Directorate for Engineering Sciences

EXPB Office of Program Management and Budget

FO Directorate for Field Operations

HS Directorate for Health Sciences

uP Liquid Propane

OEX Office of the Executive Director

oGc Office of the General Counsel

OIPA Office of Information and Public Affairs

C-4


Citation Action Manufacturer/Importer City & State Zip
16 CFR 1501 Recall Hardee’s Food System Rocky Mount, NC 27802
16 CFR 1510 Recall Toys "R" Us Paramus, NJ 07652
16 CFR 1204 & Recall TelRex Labs, Inc Asbury Park, Nd 07712
16 CFR 1402

16 CFR 1501 Recall Toywrights, Ltd. Hamden, CT 06517
16 CFR 1510 Recall Toys "R" Us Paramus, NJ 07652
16 CFR 1501 Recall Toys "R" Us Paramus, NJ 07652
16 CFR 1501 Recall Cardinal Industries, Inc Long Island City, NY 11101
FHSA - Recall The Lewis Bear Co. Pensacola, FL 32522
Sec. 2(p)(1)

16 CFR 1501 Recall] JA-RU, Inc Jacksonville, FL 32207
16 CFR 1501 Recall Dennis Foland, Inc Campbell, CA 95008
16 CFR 1501 Recall The Mitchell Import Co. Lenexa, KS 66214
16 CFR 1512 Recall Sharper Image Emoryville, CA 94608
16 CFR 1512 Retrofit Santa Fe Trading, Inc Houston, TX 77036
16 CFR 1303 Recall James Industries, Inc Hollidaysburg, PA 16648
16 CFR 1303 Recall

16 CFR 1303 Recall

16 CFR 1303 Recall

16 CFR 1303 Recall]

16 CFR 1501 Recall Hayes Specialties Corp Saginaw, MI 48601
16 CFR 1512 Retrofit Schwinn Bicycle Co. Chicago, IL 60606
16 CFR 1508 Recall Spalding & Evenflo Cos. Tampa, FL 33630
16 CFR 1508 Recall


FIELD OFFICE CENTRAL REGION

Alabama

Department of Public Health
In-depth Investigations
Recall Checks
ATV Surveillance

Birmingham Poison Control Center
HSA/PPPA Surveillance

Georgia
Office of Consumer Affairs
ATV Surveillance

Tllinois

Department of Public Health
ATV Surveillance

Indiana

State Board of Health

Recall Checks
ATV Surveillance

Towa

Department of Public Health
In-depth Investigations
ATV Surveillance
ATV Dealer Training
Recall Checks

Kansas

Bureau of Disease Prevention and
Control

Recall Checks

In-depth Investigations
Fireworks

J-6

Kentucky
Bureau of Health Services
In-depth Investigations
Recal] Checks
ATV Surveillance
ATV Dealer Training
Michigan
Department of Health
ATV Surveillance
Minnesota
Attorney General’s Office
ATV Surveillance
Mississippi
State Board of Health
ATV Surveillance
Missouri
Division of Health
Recall Checks
In-depth Investigations
ATV Surveillance
North Dakota
State Laboratories
In-depth Investigations

Recal] Checks
ATV Surveillance


LISTING OF VOLUNTARY STANDARDS PROJECTS

Project Involvement
(M=Monitor;
P=Participate)

CHEMICAL HAZARDS

Arts/Crafts Materials
Labeling

Child-Resistant Packaging

Chronic Hazard Labeling
Formaldehyde in Pressed Wood
Products
Indoor Air Quality (IAQ):
Air Filters

IAQ: Allergens/Pathogens

TAQ: ASHRAE IAQ Standard

IAQ: Kerosene Heaters

IAQ: Unvented Gas Space
Heaters

Fiscal Year 1990

M

M

E-10

Standards
Group/Standard

ASTM (D021.57)
ASTM (D10.31) &
Iso
ANSI (Z129.1)
ANSI/(A208.1),
ANSI/HPMA HP 1983,
& ASTM (D22)

NIST

UL (998)

ASHRAE (62-1989)
ANSI/ASHRAE 62

UL (647)

ANSI (Z21.11.2)


TABLE 3

Estimates of the Costs of Hospital Emergency Room Treated Injuries
Associated with the Use of Certain Consumer Products
October 1, 1989 - September 30, 1990
{in thousands of dollars)

5/
Source: CPSC Injury Cost Model

applied to NEISS ingury data for the period

Ze
AGE GROUP
ly 65 AND
PRODUCT GROUP TOTAL UNDER 5 5-24 25-64 OVER
1. Child Nursery Equipment and
Supplies 51,901 35,468 5,538 7,116 3,779
2. Toys 108,769 35,292 43,719 26,421 3,257
3. Sports and Recreational
Activities and Equipment 4,127,013 113,137 2,309,267 1,631,144 73,405
4. Home Communication,
Entertainment and Hobby
Equipment. 115,023 12,941 28,073 47,449 26,445
5. Personal Use Items 418,557 71,047 132,224 164,537 50,749
6. Packaging and Containers for
Household Products 281,864 21,865 82,938 155,172 21,889
7. Yard and Garden Equipment 425,002 11,972 103,062 256,763 53,205
8. Home Workshop Apparatus,
Tools and Attachments 457,261 10,020 90,243 316,553 40,434
9. Home and Family Maintenance
Products 109,907 15,990 21,283 60,399 12,235
10. General Household Appliances 150,073 18,902 27,045 83,168 20,937
11. Space Heating, Cooling and
Ventilating Appliances 140,614 26,725 27,268 69,220 17,401
12. Housewares 629,420 34,289 187,232 367,672 40.0.
13. Home Furnishings and
Fixtures 1,962,795 232,181 311,336 835,114 $83 A?
14. Home Structures and
Construction Materials 3,741,051 217,868 839,088 1,683,441 999,707
15. Miscellaneous 206,099 22,951 78,967 82,031 22,150

A-12


ESSENCE COMMUNICATIONS

July 16 Chairman Jacqueline Jones-Smith: general CPSC
matters

ETL TESTING LABORATORIES

June 26 ES: electrical safety issues in general and CPSC’s
electrical hazards program

FEDERAL EXECUTIVE BOARD

June 26 Chairman Jacqueline Jones-Smith: Federal
Executive Board/CPSC cooperative efforts

FISHER PRICE

February 16 Commissioner Anne Graham: toy safety issues
FOX POOL SEMINAR

January 12 Commissioner Carol G. Dawson: child drownings
FRONTIER TECHNICAL ASSOCIATES

August 16 EXPB/Household Structural Products Team: issues
related to the safety of gas heating systems

GAS APPLIANCE MANUFACTURERS ASSOCIATION (GAMA)

October 24 EXPB/Household Structural Products Team: proposed
labels for waters heaters

GAS INDUSTRY (representatives of)

April 5 EXPB/Household Structural Products Team: CPSC’s
gas heating systems projects and other topics of
mutual interest

GENERAL ELECTRIC COMPANY

January 11 ES: electrical receptacle testing on back-wire
push-in models

GENIE COMPANY

June 26 - ES: garage door operator test facilities

C-14


State(s) or
Commonwealth

Department

Commissioned
Officers

Field Office Western Region (continued)

California
(continued)

Colorado

Texas

Wyoming

California Department
of Health Services
Food & Drug Branch
Berkeley

Consumer Protection Division

State of Colorado
Department of Health

Division of
Environmental Health
Tri-County Health Dept.

Texas Dept. of Health
Bureau of Consumer
Health Protection
Product Safety Division
Austin

Texas Dept. of Health
Arlington

Wyoming Department of
Health & Social Svcs.
Division of Health
and Medical Services

J-17

Carl E. Costella
Jim D. Eddington
James Gorka

Michael F. Hernandez

Tamara Y. Jackson

Joel M. Allen
Larry T. Berryman
William C. Norris

Clark C. Wilson

Lisa C. Butts
Susan J. Salyards
Darryl R. Thompson
Chris J. Wiant

Forrest Burnham
Charles Hallmark
Mackie Lawrence

Joe Balderas

Howard Hutchings


These accomplishments demonstrated the Commission’s continuing support to
model code groups and national consensus voluntary standards developers. The
staff supported 38 standards development projects. Of these, ANSI coordinated
16, ASTM handled 13 standards, and UL worked on 8. The staff rated 34 of
these as having satisfactory progress. Progress was rated slow for indoor air
quality: gas space heaters and indoor air quality: kerosene heaters. Progress
was rated slow but improving for gas heating flexible connectors. The staff
plans to forward a briefing package on formaldehyde to the Commission for its
consideration in early 1991.

During the period, there was no work on voluntary standards for brush
cutters and snow throwers due to higher priority projects and limited
resources. Work on garage door operators and smoke detectors was postponed
until 1991.

The staff’s proposed FY 1991 Operating Plan calls for new voluntary
standards development projects on garage door operators, heat tapes, smoke
detectors, and strollers. It calls for the termination of work on chain saws,
fire extinguishers, fire toxicity, gas control valves, indoor air quality: air
filters, kerosene heater labeling, wall coverings, and wood heating.

A brief summary of highlights from each of the hazard programs is shown
below.

Chemical Hazards

There were three participation level and six monitoring level projects
underway in the Chemical Hazards Program during the reporting period. The
participation level projects were: (1) formaldehyde in pressed wood products;
(2) indoor air quality: kerosene heaters; and (3) indoor air quality: unvented
gas space heaters. The monitoring level projects were: (1) arts/crafts
materials labeling; (2) child-resistant packaging; (3) chronic hazards
labeling; (4) indoor air quality: air filters; (5) indoor air quality:
allergens/pathogens (sometimes called the indoor air quality: humidifiers
project); and (6) indoor air quality: American Society for Heating,
Refrigerating, and Air Conditioning Engineers (ASHRAE) standard. The staff
rated progress satisfactory on five of these projects. Progress was rated
slow on both indoor air quality - kerosene heaters, and indoor air quality -
unvented gas space heaters due to problems encountered by CPSC staff in
conducting testing. Progress on the formaldehyde in pressed wood products
project is such that a briefing package is scheduled to be completed by early
1991 for Commission consideration.

A new national consensus voluntary standard entitled "Specification for
Volatile n-Nitrosamine Levels in Rubber Baby Nipples," ASTM F1313, was
approved 8/31/90. The Commission staff previously contributed to the
development of this standard which limits the levels of nitrosamines in baby
nipples on pacifiers. These nitrosamines cause cancer in test animals and are
presumed to be human carcinogens as well.


DESCRIPTION PROPOSED FINAL
DATE

EFFECTIVE

RESOURCE

POISON PREVENTION PACKAGING ACT

Proposed Action:

Requirements for 01/16/90
child-resistant packaging

of household glue removers

containing acetonitrile and

home permanent neutralizers

containing sodium bromate or

potassium bromate

MISCELLANEOUS ACTS
Final Action:

Amendment of statement 12/22/89
of agency organization and
functions

Regulations implementing 04/12/90 08/27/90
the Debt Collection Act
of 1982

Proposed Action:

Regulations implementing 04/12/90
the Debt Collection Act
of 1982

Amendment of regulations 08/02/90
implementing the Privacy

Act of 1974 to exempt a

system of records from

certain provisions of the

Privacy Act

12/22/89

09/26/90

55 FR 1456

54 FR 52776

55 FR 34904

55 FR 13805

55 FR 31404


A listing of those State of local agencies that participated in this

program follows.

FIELD OFFICE EASTERN REGION

Connecticut

Department of Consumer Protection
Recall Checks
In-depth Investigations
ATV Surveillance

District of Columbia

D.C. Fire Department
Fireworks

Florida

Department of Agriculture
Recall Checks
ATV Surveillance
ATV Dealer Training
State Networking

Poision Information Center of Tampa
Incident Reporting

Maine

Department of the Attorney General
ATV Surveillance

Maryland

Department of Health & Mental Hygiene
Recall Checks
In-depth Investigations

ATV Surveillance
ATV Dealer Training

J-4

Massachusetts
Health Research Institute

ATV Surveillance
Recall Checks

Massachusetts Poision Control
Center

Incident Reporting
New Jersey
Department of Law and Public Safety
ATV Surveillance
ATV Dealer Training
Recall Checks
In-depth Investigations
New York
Attorney General’s Office

Recall Checks
In-depth Investigations

Long Island Poision Prevention
Center

Incident Reporting
Pennsylvania
Oepartment of Health
ATV Surveillance
Puerto Rico
Department of Consumer Affairs

State Networking


Date

Firm and Product

Alleged Hazard

Remedy

10/89

10/89

10/89

10/89

China Pyrotechnics,
Inc.
Florence, AL

Pulling Fireworks
device

Wilmington Coca-Cola
Bottling Works, Inc.
Wilmington, NC

16 oz. non-returnable
glass flint bottles
distributed 6/14/89
to 7/14/89

Noma Outdoor Products
Inc.
Des Moines, IA

45 inch riding mower
decks

Aeroquip Corporation
Van Wert, OH

FD67 Series (-6 size)
liquid line valve for
air conditioning
system

This device may self-
ignite and explode
during use or
handling.

The glass soda bottle
has the potential to
explode once the soda
has been packaged,
stored and/or
distributed.

A 3 inch piece of
broken blade could
exit from under the
riding mower deck and
may cause injury to
bystanders.

Propelled valve may
contact repairman or
other persons in
vicinity, causing
facial or eye injury.

F-25

China
Pyrotechnics,
recalled this
fireworks device
from the retail
market place.

The firm
recalled al] the
defective
bottles from
consumers - and
the marketplace.
Refunds or
replacements are
offered to
consumers.

The firm
initiated a

_corrective

action program
to replace the
blades of the
mowers.

Retrofit valve
cap assembly
sent to
distributors by
firm, to be
installed on all
future valves
for their home
air conditioning
systems.


-- Office of Program Management and Budget manages all hazard programs,
including the development of regulations and standards, petitions for
rulemaking, emerging product hazards, and oversees the week to week
activities of a number of hazard program teams which draw representatives
from the directorates and offices of the Commission. The office also
prepares the agency budget, and coordinates international affairs and
information resources management activities.

-- Office of the Secretary is the external administrative arm of the agency.
It prepares the agendas for official agency meetings, maintains official
records of Commission actions, manages the docket of adjudicative
proceedings and responds to requests for documents under the Freedom of
Information Act (FOIA). It issues the agency's official documents,
including Federal Register notices, prepares and publishes the Public
Calendar of Commission meetings, and supervises the operation of CPSC’s
public reading room.

-- Office of Congressional Relations acts as the Commission’s liaison with
Congress. It provides information and assistance to congressional
committees, responds to inquiries by legislators, and coordinates written
and oral testimony by Commissioners and agency staff.

-- Office of General Counsel is the legal arm of the Commission. Staffed by
Tawyers, it provides advice and counsel to the agency and staff on all
Tegal matters, including contracting, personnel issues, Tegal review of
all reports, memoranda, press releases, and publications. It advises the
Commission on matters of standards development, rules, petitions, and
interpretations of prevailing regulations. It also defends court
challenges to rules and other Commission actions.

-- Office of the Inspector General is an independent office established under
the provisions of the Inspector General Act Amendments of 1978 (PL 95-
450), amended by the Inspector General Act Amendments of 1988 (PL 100-
504). This office independently initiates, conducts, and supervises
audits, operations reviews, and investigations of Commission programs,
activities, and operations to prevent and detect waste, fraud, and abuse.
Reporting only to the Chairman, the office also makes recommendations to
promote economy, efficiency, and effectiveness within the Commission’s
Programs and operations. The office receives and investigates complaints
or information concerning possible violations of Jaw, rules and
regulations, mismanagement, abuse of authority, and waste of funds.

-- Office of Equal Employment Opportunity and Minority Enterprise monitors
compliance with alt Taws, regulations, rules and internal policies
relating to equal employment opportunity. It also ensures compliance with

relevant provisions of the Small Business Act, and conducts the Upward
Mobility Program.

-- Office of Planning and Evaluation does short and long term planning and
evaluates agency programs and accomplishments.

r US. GOVERNMENT PRINTING OFFICE 1901~ 261-631; 43001

K-5


NATIONAL SAFETY COUNCIL
March 26

OEX: general issues

NATIONAL SPA AND POOL INSTITUTE (NSPI)

October 6
December 4

December 4
June 7
June 29
duly 6

EXPB: pool safety issues

Chairman Jacqueline Jones-Smith: child drowning
prevention program

Commissioner Carol G. Dawson: public service
initiatives

EXPB & Household Structural Products Team:
introductory meeting

Chairman Jacqueline Jones-Smith: courtesy call
and to discuss NSPI’s interface with CPSC

EXPB: pool barriers

NATIONAL SWIMMING POOL FOUNDATION

June 1

June 1

Chairman Jacqueline Jones-Smith: the future
relationship between CPSC and the National
Swimming Pool Safety Committee

Commissioner Carol G. Dawson: the relationship
between CPSC and the National Swimming Pool Safety
Committee

NATIONAL SWIMMING POOL SAFETY COMMITTEE (NSPSC)

November 13

November 13
December 13

January 30
February 13
May 16
July 10

NATIONAL TOXICOLOGY PROGRAM
October 12

EXPB: issues related to swimming pool safety;
future direction of the NSPSC

Commissioner Dawson’s staff: pool safety issues
Commissioner Carol G. Dawson & EXPB: pool safety
issues

Commissioner Carol G. Dawson & EXPB: future
direction of the NSPSC

Commissioner Carol G. Dawson/staff & EXPB: pool
safety issues

Commissioner Carol G. Dawson/staff & EXPB: issues
related to swimming pool safety

Commissioner Carol G. Dawson/staff & EXPB: issues
related to swimming pool safety

HS: proposed testing of non-asbestiform tremolite

NETWORK FOR INJURY PREVENTION THROUGH BUILDING CODES AND STANDARDS

November 6

EXPB: goals and objectives of the Network

C-21


Date Product Model Violation
9/90 GreatGlass Crystalline 2 oz Bottles Misbranded Hazardous
Substance
9/90 Spirit of °76 Fountain #100 Banned Fireworks
9/90 Construction Train Set #7186 Banned Smal] Parts
Press N’ Go Choo Choo #20-192 Banned Small Parts
June & Julie Dolls #120092 Banned Small Parts
Motor Mouse #18-437 Banned Smali Parts
9/90 Clown Doll #6159 Banned Small Parts
9/90 Toy Car Premiums Corvette, Jaguar, Lotus Banned Smal] Parts
Small Parts

Porshe, Lambourgini Banned

F20


CPSC awarded a contract to investigate LP-gas odorant absorption after a
leak. The study will address dynamic conditions and will closely simulate
field experience.

UL is considering a CPSC staff proposal to improve kerosene heater
Jabeling to address flare-up hazards. UL received industry comment on the
proposal and soon expects to propose modifications to UL 647.

The members of ICBO and BOCA approved the National Fire Code wood heating
fire safety amendments proposed by the CPSC staff.

Compliance Monitoring Activities

Conformance with the ASTM F966 standard on cribs was monitored under the
FY 1990 General On-Going Enforcement Program based upon following-up on
reports of non-conformance of crib corner posts. Three cribs failed the
standard crib corner post requirements. Two were imported and removed from
the market. One crib was a demonstration crib. The retailer claimed not to
have sold any similar cribs, and the manufacturer was notified of the
provisions of the voluntary standard. An inspection of the second case
revealed that the firm modified the crib in 1/90 by removing the nonconforming
corner posts. The firm had produced and distributed approximately 2,000
nonconforming cribs prior to mid-January 1990. The firm was notified of the
nonconformance in a letter which requested that future production conform to
the voluntary standard.

ASTM F963 toy safety standard conformance monitoring was scheduled as part
of the FY 1990 Toy Enforcement Program. This did not occur due to a lack of
CPSC resources.

The present procedures used by the Commission to monitor conformance with
voluntary standards were established in 1986. The Voluntary Standards
Coordinator will seek the Commission’s approval in 11/90 to review and to make
recommendations to the Commission for updating these procedures.

E-9


Citation Action

Manufacturer/Importer

City & State

Zip

FHSA -
Sec. 2(p)(1)

16 CFR 1500.17 Recall

Recall

16 CFR 1501 Recall?
16 CFR 1501 Recall
16 CFR 1501 Recall
16 CFR 1501 Recall
16 CFR 1501 Recall
16 CFR 1501 Recall
16 CFR 1501 Recall

Plaid Enterprises

Bob Hale Fireworks Co

House of Lloyd, Inc

Carol Wright Gifts

Ralston Purina Company

F-21

Norcross, GA

Buffalo, MO

Grandview, MO

Lincoin, NE
St. Louis, MO

30091

65622
64030

68544
63164


contained a razor blade cutting knife component and that this
defect could result in children sustaining severe lacerations.
K Mart denied that its product contained a defect which creates
or which could create substantial product hazard; and denied that
it had an obligation to report information to the Commission
under section 15(b) of the CPSA. The Commission accepted a
settlement agreement on January 24, 1990.

7. %&In the Matter of Toys "R" Us, Inc., CPSC Docket No. 90-
co0o01. Toys "R" Us agreed to pay a civil penalty of $60,000 in
settlement of allegations by the Commission staff that the firm
failed to report a defect which could create a substantial
product hazard involving its submarine stationery sets, as
required under 15 U.S.C. { 2064(b). The staff alleged that the
firm knew or should have known that the toy stationery sets
contained a razor blade cutting knife component and that this
defect could result in children sustaining severe lacerations.
Toys R Us denied that its product contained a defect which
creates or which could create substantial product hazard; and
denied that it had an obligation to report information to the
Commission under section 15(b) of the CPSA. The Commission
accepted a settlement agreement on January 24, 1990.

8. In The Matter of Water Refining Company, Inc., CPSC
Docket No. 90-C0012, Ecodyne Corporation, on behalf of its
subsidiary Water Refining Company, Inc., and Guthrie North
America, Inc., the previous owner of Water Refining Company,
Inc., agreed to pay a civil penalty of $300,000 in settlement of
the staff's allegations that Water Refining Company, Inc. and
Guthrie North America, Inc. failed to report a defect which could
create a substantial product hazard involving two models of
residential water softeners, as required under 15 U.S.C.
{ 2064(b). The defect was reported to the Commission by Ecodyne
more than one year after it learned of the defect. The staff
alleged that electrical shorts can occur in the solenoid coils
that are used to start and stop various operations within the
unit. The solenoids can fail unexpectedly and without warning.
This defect may result in fire that can spread to surrounding
combustibles. Although no personal injuries or deaths have been
reported, the possibility exists that such a fire could result in
serious personal injury or death to the occupant of the residence
in which the water softener is located. Ecodyne and Guthrie
denied that they knew or should have known of the defect and
hazard associated with the solenoids, and any risk of injury
allegedly presented by the water softeners, and denied the
existence of any obligation to report any information regarding
the water softeners to the Commission under 15 U.S.C. { 2064(b).
The Commission accepted a settlement agreement on September 13,
1990.



ADVISORY OPINIONS

No. Date of Fron/To Subject
311 04/16/90 Susan Birenbaum/ Wolf-hybird dog is not a
Bernie Reamer "consumer product" as

that term is defined in
the Consumer Product
Safety Act

H-3


ASSOCIATION OF THE NON-WOVEN FABRICS INDUSTRY (INDA)

November 14

ASTM
October 3-4
October 23

October 23-26
October 25-26

November 20
December 5
December 6-7

December 11
January 23

February 1-2
March 15
March 21
March 22-23
April 10
May 1

May 1-2

May 15

May 22
May 24

June 6-7
June 21-22
July 18
August 21

HS: status and background of CPSC’s study on
dioxin levels found in disposable diapers

ES: voluntary standards for various children’s
products

ES & other CPSC staff: revisions to a voluntary
standard for playground equipment

OEX: home playground equipment and lighters
EXPB & other CPSC staff: child-resistant
cigarette lighters

EXPB: indoor air quality

ES: new voluntary standard for bunk beds

EP: development of a voluntary standard for
public playground equipment

EXPB: child-resistant cigarette lighters

ES: revisions of voluntary standard for crib
corner post extensions

ES: revisions to a voluntary standard for home
playground equipment

ES: draft of Fire Hazard Assessment Standard for
Ceiling and Wall Coverings ‘

roe provisions for a voluntary standard for bunk
eds

EXPB & HS: development of child-resistant
requirements for cigarette lighters

Chairman Jacqueline Jones-Smith: introductory
courtesy call

ES: revisions to a voluntary standard for home
playground equipment

OEX: consumer product safety standards under
development of ASTM

EXPB: balloon labeling, crib toys and choking
hazard

ES: revisions to a voluntary standard for cribs
ES & HS: provisions in a new voluntary standard
for playground surfacing

ES: development of voluntary safety standard for
public playground equipment

EXPB & other members of the Cigarette Lighter
Team: cigarette lighter voluntary standard
EXPB: _F15.22 toy safety voluntary standard
provisions

ES: revisions to a voluntary standard for home
playground equipment

C8


State(s) or Commissioned
Commonwealth Department Officers
Field Office Western Region (continued)
California Dept. of Proserpia

Health Services
Food & Drug Branch
Los Angeles

California Dept. of
Health Services
Food & Drug Section
Sacramento

State Department of
Health Services
Sacramento

State Department of
Health Services
San Jose

J-16

Abarquez-Delacruz
Susan 0. Bond

Y. Fernandez-Milhous
Ralph I. Lounsbury
Lester Lowe

Bruce D. Morden
James J. Paidl
Howard Ratzky
Zuma D. Ross
Ozzie R. Schmidt
Alan VanGinkel

Charles R. Carey
Glen C. Lawrence

Frank J. Nava
Daniel J. Walsh
David L. Weston

Craig W. Balding
Joseph E. Bewley
Robert C. Eckstein
James R. Gibson
C. E. Hauschildt
Dennis M. Moore
don R. Salmi
Stephen W. Sarkisian
Allan VanGinkel
James M. Waddell
Paul W. Walfoort
Kathleen L. Young

Joseph N. Bagood
Dan R. Chitwood
Jeffrey C. Lineberry


homes. The coalition also sent posters and brochures
to pediatrician offices, day care centers, and other or-
ganizations. The coalition announced this voluntary
labeling program at a jomt news conference with
CPSC and by distribution of a video news release.

A significant recall in 1990 involved one manufac-
turer of 1.6 million automatic drip coffeemakers.
Thermostats and thermal fuses in the coffeemakers
malfunctioned, causing overheating and a potential
fire hazard. The manufacturer received approximately
180 reports that their coffeemakers caught fire. Among
the reports were a number with property damage and
a report of one minor burn injury that occurred when
an owner attempted to pick up an overheated unit.
The manufacturer agreed to replace all potentially
hazardous coffeemakers.

Other significant recalls in 1990 involved 1.5 mil-
lion minature Christmas tree light sets that could
present a hazard of electrical shock or electrocution;
2.7 million spring exercisers responsible for over 100
known serious injuries when the springs broke; 8,000
toasters that presented a potential fire, burn, and elec-
tric shock hazard; and thousands of coffeemakers
from two additional manufacturers that presented fire
hazards.

The Commission received reports of 30 infants
found dead lying face-down on infant cushions filled

with polystyrene beads. The staff identified 12
manufacturers that produced and distributed approx-
imately 1,000,000 infant cushions since 1985; one of
these firms was no longer in business. The other 11
firms agreed voluntarily to stop production and recall
the infant cushions remaining in the chain of distn-
bution as well as those sold to consumers.

CPSC negotiated corrective action plans with two
major manufacturers of baby walkers from which de-
cals peeled off and choked young children. The
manufacturers issued news releases, retailer notifica-
tions, ads in parenting magazines, and notices to pedi-
atricians’ offices. After learning of 36 such incidents,
the Commission issued a safety alert about this poten-
tial hazard.

The CPSC and six major manufacturers of fold-
ing mobile tables joined together to warn consumers
of the hazard of school cafeteria folding mobile tables
tipping over on children. The Commission received
reports of six deaths and numerous injuries associat-
ed with this hazard. School districts were offered per-
manent, umform, warning labels for their folding
mobile tables. As of September 1990, 1.2 million labels
had been sent to schools since the beginning of this
initiative in 1989.

VOLUNTARY STANDARDS

The Commission provided technical input into
the development of 11 new or revised national con-
sensus voluntary standards completed during Fiscal
Year 1990. These standards provide safety require-
ments for all-terrain vehicles, chain saws, high chairs,
carriages and strollers, chimney lners, fireplace stoves,
room heaters, hair dryers, immersion-detection circuit-
interrupters, baby nipples or pacifiers and play yards.
CPSC proposals were adopted by the major national
model building codes and improvements were made
in the National Electrical Code.

ASTM, the voluntary standards development
organization responsible for many non-government re-
quirements for children’s products, agreed, at the urg-
ing of CPSC, to revise the voluntary safety standard
for crib corner posts reducing the maximum allowa-
ble crib corner post extension from 5/8 inch to 1/16
inch. This will reduce or eliminate the potential risk
of strangulation to infants who become accidentally
entangled on the post by their clothing or by cords

placed around their necks to hold pacifiers or other
objects.

CPSC staff involvement in other ASTM activi-
ties produced improvements in voluntary standards
for high chairs, play yards, home playground equip-
ment, and carriages and strollers. Work proceeded on
voluntary standards for bunk beds and labeling on
balloon packages warning of the choking hazard
presented by uninflated or broken balloons.

An American National Standard was published
under the auspices of the American National Stan-
dards Institute (ANSI) setting various requirements,
excluding lateral! stability, for four-wheel all-terrain
vehicles (ATVs). This standard did not include three-
wheeled ATVs whose sale had been halted under con-
sent decrees issued earlier. All-terrain vehicles were
involved in 60,000 injuries in 1989 and an estimated
250 deaths in 1989, the last year for which complete
statistics are available.


REFERENCE SOURCE
TITLE 16 CFR

exemption from banning
safety requirements

PRODUCT ACT =‘ TYPE OF REGULATION PART NUMBER
Swimming pool slides CPSA standard 1207
Tank coatings HSA exemption from labeling 1500.83(a) (34)
Thread, string, twine, etc. HSA exemption from labeling 1500.83(a) (4)
Toluene (toluol) HSA labeling 1500.14(a) (3)
special labeling 1500.14(b)(3) (ii), (iii)
exemption from Jabeling 1500.83(a)(8), (9),
(11), (13)
Toluene (paint solvents) PPPA = special packaging 1700.14(a}(15)
Toxic substances HSA definition 1500.3(b)(5), (c)(2)
labeling 1500.121, 129
test method 1500.40
Toys
caps and toy guns producing HSA ban 1500.18(a) (5)
impulse-type sound testing method 1500.47
exemption from banning 1500.85(a)(2),
1500.86(a) (6)
clacker balls HSA ban 1500.18(a) (7)
exemption from banning 1500.85(a)(5)
dolls presenting laceration HSA ban 1500.18(a) (3)
hazards exemption from banning 1500.86(a)(2)
electrically operated toys and HSA ban 1500.18{b)
children's articles requirements 1505
labeling 1505.3
performance 1505.6
games, self-pressurized HSA exemption from banning 1500.85(a)(7)
hollow plastic toys with- HSA exemption from banning 1500.83(a) (32)
mineral oi]
mechanical hazards (various) HSA ban 1500.18{a}
pacifiers HSA ban 1500.18(a) (8)
safety requirements 1511
noisemaking toys HSA ban 1500.18(a}(2)
toys painted with lead HSA ban, over 0.5% (pre- 1500.17(a) (6)
CPSA ban, over 0.06% 1303
(1978 and later)
squeeze CPSA to be regulated under 1145.10
the CPSA
rattles HSA bans 1500.18(a)(1) & (15)

1500.86(a) (1)
1510


FIELD OFFICE CENTRAL REGION
(Continued)

Ohio

Department of Health
In-depth Investigations
Recall Checks
ATV Surveillance

South Dakota

Department of Health
ATV Surveillance

Tennessee

Department of Agriculture
Recall Checks
ATV Surveillance
In-depth Investigations
Fireworks

Middle Tennessee Poison Center
HSA/PPPA Surveillance

Wisconsin

Department of Agriculture
In-depth Investigations
Recall Checks

ATV Surveillance
ATV Dealer Training

J-7


State(s) or Commissioned
Commonwealth Department Officers
Field Office Eastern Region (continued)
West Virginia Department Andrew Brown
of Labor William Hoffman
Field Office Central Region
Alabama Department Carol Fendley-Gaddis
of Public Health dames McVay
Viki L. Brant
Tana Thomaston
Poison Control William D. King
Center Terry Byars
lowa Department Gaylord L. Rushenberg
of Public Health John R. Kelly
Carry F. Thompson
William F. Permar
Jeff P. Meyer
Michael L. Magnant
Kenneth Choquette
Rita M. Gergley
Kansas Department of dames A. Pyles

Health and
Environment,
Bureau of Foods
and Drugs

Clifford L. Evans
Roger E. Ozias
Gary J. Magathan
Launa Osbourn
Gerald E. Vornholt
Earnest E. Barnes
Stephen N. Paige
Donald Bechtel
Loren E. Brock
Eugene P. Fravel
Mary K. Goetz
Gerald R. Kline
Daivd R. Bustos
John H. Moshier
William G. Spaniol
Dee Luginsland


PYROTENAX, USA
March 6

RAYCHEM CORPORATION
December 14
September 7

RJR NABISCO
August 7

ROADMASTER CORPORATION
April 10

SAFE BUILDING ALLIANCE

November 2

SAFE TOYS FOR KIDS
August 15

SAFEWAY STORES, INC.

June 7

EXPB & Electrical Hazards Team: heating cables

EXPB: heat tapes
EXPB & ES: proprietary information related to the
design and testing of their heat tape product line

EXPB: cigarette safety

ES: a proprietary new product

EXPB & Indoor Air Quality Project Team: comments
on the draft "Asbestos in the Home" booklet

EXPB & FO: CPSC toy related issues and to tour
CPSC’s engineering laboratory

Chairman Jacqueline Jones-Smith: general CPSC
matters

SAN FRANCISCO, CALIFORNIA, TRAUMA FOUNDATION

June 4
SECURITY INC.

January 5

SMITH-GATES EASY HEAT
May 23

Chairman Jacqueline Jones-Smith: general CPSC
matters

EXPB & Swimming Pool Barriers Focus Team: use of
alarm technology to protect doors leading from the
house directly to the swimming pool

ES: packaging and installation instructions of
heat tapes and self-regulating pipe heating cables
and marketing of the products

C-23


subject to corrective measures were water coolers
containing lead, infant bean bag cushions, five-gallon
buckets, coffeemakers, strollers, electrical converters,
ceiling fans, baby walkers, playground equipment,
storage containers, folding mobile tables, exercise
devices, toys, pacifiers, rattles, children’s toys with
excess lead, cribs and bicycles.

The Commission continued to distribute its Recall
Handbook widely. This handbook is a guide for
manufacturers, importers, distributors and retailers on
reporting under Section 15 of the Consumer Product
Safety Act. The handbook also assists firms in the
initiation and implementation of product safety recalls.

During 1990, the Commission’s Regional Centers
helped enhance the Commission’s case development
efforts by identifying consumer product defects. The
Regional Centers contacted state and local consumer
protection officials, visited hospitals specializing in
pediatric care, visited fire departments and fire
marshals, contacted emergency medical technicians,
inspected “swap meets”’ and flea markets, reviewed.
product lability filmgs in various courts, developed
closer haison with U.S. Customs officials to identify
defective consumer products, increased contact with
medical examiners and coroners, and inspected repair
centers.

In 1990, the Commission collected $782,000 in
civil penalties from eight firms. The penalties were paid
because the firms failed to report as required by
Section 15 of the Consumer Product Safety Act.
Section 15 requires that a firm which has obtained
information which reasonably supports the conclusion
that a product of theirs contains a defect that could
create a substantial risk of injury to the public must
report that information to the Commission
immediately. The penalties help deter violations of the
Commission’s reporting requirements and help prevent
injunes associated with hazardous products.

In two cases in which the Commission accepted
settlement agreements, the staff alleged that firms sold
lawn darts in violation of the Commussion’s banning
regulation, The Commussion also accepted (from three
firms and individuals) consent agreements requiring
the firms and individuals to cease and desist from the
manufacture, sale, or offer for sale of futon mattresses
that fail to comply with the flammability standard for
mattresses and mattress pads.

On May 25, 1990, CPSC accepted a consent
order agreement signed by Scotsman Group Inc., the
parent company of Halsey Taylor. The agreement
established a comprehensive water cooler replacement/

refund program. This carries out CPSC’s mandate
under the Lead Contamination Control Act of 1988.
The firm agreed to provide a comparable replacement
cooler or a refund of the purchase price of any Halsey
Taylor tank type model made before April 1, 1979,
if the cooler contributes more than 20 parts per billion
of lead to the water.

The Commission conducted 376 inspections as
part of its toy and children’s products enforcement
program in 1990. A total of 418 samples were collected
domestically for testing. With the cooperation of the
U.S. Customs Service, approximately 800 samples of
imported toys and children’s products were tested and
330 product shipments (totalling 1,177,304 units,
valued at $4,712,865) were seized on the docks or
otherwise prevented from entering the U.S. market.
Approxunately 198 different toys, an estimated 35
million umts all together, were recalled or stopped
from sale The majority were toys recalled for small
parts which present a choking/aspiration hazard,

In following up complaints to the Hotline, CPSC
field investigators discovered that certain aerosol string
streamers, which are used like confetti at parties, were
hazardous if sprayed near an open flame. The
products contained flammable propellants. A number
of serious burn injuries resulted from the use of these
products. Seven different brands, involving 4,000,000
units, were found to be flammable. All seven
distributors recalled the flammable products.

In conjunction with the U.S. Customs Service,
CPSC collected 643 targeted samples of fireworks at
ports of entry nationwide. After testing at CPSC’s
laboratory, 76 percent of the samples were found to
violate CPSC’s standards. The Justice Department,
on behalf of CPSC, obtained injunctions against eight
fireworks importers to stop further importation of
noncomplying fireworks. Overall, approximately 650
shipments of imported products representing over 56
million units were found to violate CPSC standards
in 1990. The U.S. Customs Service, in cooperation
with CPSC, seized these products or otherwise
prevented them from entering the U.S. market.

CPSC staff called together representatives of
manufacturers and users of five-gallon industrial
containers to try to address the “‘hidden hazard” of
young children drowning in these Jarge buckets. Over
the past five years, CPSC has reports of more than
125 children who drowned after falling into five-galion
buckets. The industry created a Coalition for
Container Safety and offered free adhesive warning
labels to place on industrial buckets in consumers’


LEVI STRAUSS & CO.

June 6

LEVITON

December 4
August 27

MCDONALD’S CORPORATION

May 2
September 20

Chairman Jacqueline Jones-Smith: general CPSC
issues

EXPB: CPSC’s fire prevention guide project
ES: leakage current protection for 220 volt spa
circuits

ES: CPSC handbooks for public playground safety
Vulnerable Populations Program Team: CPSC toy
safety regulations

MCGUIRE, WOODS, BATTLE AND BOOTHE

September 14

MCKENNA, CONNER & CUNEO LAW

September 7

MEMORY METALS
May 15

MERVYN’S

dune 6

MICHELE SNOW FOUNDATION
April 17
April 17

April 17
May 24

Commissioner Carol G. Dawson (speaker)/staff:
Risk Management Seminar; product recalls

OFFICES

OGC: Proposition 65 of California, CSMA v.
Allenby, and impact upon CPSC of potential ruling
in that case with respect to FHSA preemption

EXPB & Household Structural Products Program Team:
activities related to tap water scalds

Chairman Jacqueline Jones-Smith: general CPSC
issues

Chairman Jacqueline Jones-Smith:
courtesy call

Commissioner Anne Graham: general product safety
issues

CA: safety of children’s products

EXPB: child-resistant cigarette lighters

introductory

C-17


defect which could create a substantial product hazard within the
meaning of section 15(b) of the CPSA. The firm also denied any
obligation to report information to the Commission under section
15(b) of the CPSA. The Commission accepted a_ settlement
agreement on April 25, 1990.

4. In the Matter of Etna Products Co., Inc., CPSC Docket
No. 90-C0002. Etna agreed to pay a civil penalty of $5,000 in
settlement of allegations by the Commission staff that the
company failed to report defects in its electric mousetrap which
could create a substantial product hazard as required under 15
U.S.C. { 2064(b). The staff alleged that Etna was aware of the
product's electrocution potential, and recalled the mousetraps
from Wisconsin consumers, but failed to report this information
to the CPSC. Etna denied that the imported electric mousetraps
contained a defect which could create a substantial risk of
injury. It further denied that it violated the reporting
requirement of section 15(b) of the CPSA. The Commission
accepted a settlement agreement on January 24, 1990.

5. In the Matter of Hedstrom Corp., CPSC Docket No. 90-
c0010. Hedstrom Corp. agreed to pay a civil penalty of $165,000
in settlement of allegations by the Commission staff that the
firm failed to report a defect which could create a substantial
product hazard involving several models of its backyard gym sets
equipped with the "Glide Ride" attachment, as required under 15
U.S.C. { 2064(b). The staff alleged that Hedstrom knew or should
have known that the hanging bracket holding the Glide Ride to the
cross bar of these gym sets contained a dangerous
pinching/crushing point, that constituted a defect which could
create a substantial product hazard, but failed to report it ina
timely manner. Specifically, 10 children over a three year
period sustained pinched, lacerated, or partially amputated
finger tips before Hedstrom reported the problem to the
Commission on April 27, 1988. Hedstrom denied that its products
contained a defect which creates or which could create a
substantial product hazard under the CPSA. It further denied any
obligation to report to the Commission under section 15(b) of the
CPSA. It alleged that its products did not have a design defect
under the CPSA and that the incidents were caused by unusual
circumstances or possibly through inappropriate use by the user.
The Commission accepted the settlement on May 22, 1990.

6. In the Matter of K Mart Corp., CPSC Docket No. 90-
co003. K Mart agreed to pay a civil penalty of $60,000 in
settlement of allegations by the Commission staff that the firm
failed te report a defect which could create a substantial
product hazard involving its School Days Scissors Desk Sets, as
required under 15 U.S.C. { 2064(b). The staff alleged that the
firm knew or should have known that the scissors desk sets



category, has been assigned a value of "10." This value is increased by 20
percent to arrive at a value of "12" for Category 2. Therefore, each
succeeding scale category value is increased by a geometric proportion of
the preceding value, j.e., 40 percent, 80 percent, up to a 640 percent
increase for Category 7.

Because the mean severity is based on subjective value judgments, the
reader should use caution in interpreting small differences in these
measures between product groups.

The estimates of economic losses due to accidents associated with each
product group were derived using the Injury Cost Model developed by the
Directorate for Economic Analysis. The Model usually estimates eleven
injury cost components: medical costs, foregone earnings, transportation
costs, visitors’ foregone earnings, visitors’ transportation costs, product
liability insurance administration costs, health insurance administration
costs, litigation costs, disability costs, retreatment costs, and pain and
suffering costs. The economic losses due to pain and suffering are not
included in the estimates presented because of their wide variability and
the theoretical difficulties in quantifying them. However, losses due to
pain and suffering may dwarf al] the other cost components. While some
injuries, such as those involving amputations or nerve damage, may have low
associated injury cost components, victims of these injuries would be
willing to pay considerable amounts to be free of the effects of the
injuries. Also, no monetary value is placed on the toss of life, although
a consumer product-related fatality involves a considerable economic loss
to society. An electrical product, for example, may be involved in
relatively few injuries, yet have a significant number of deaths associated
with | its use. In such a case, the injury cost estimates would
substantially understate the economic losses associated with the product.

Injury cost estimates have been adjusted to June 1990 price levels using
the overall consumer price index and the overall medical care index. Age
group costs may not add to product totals because im some cases there are
injuries where the age of the victim is unknown. Except for the difference
in price levels, injury cost estimates for the 1984 through 1989 Annual
Reports are comparable to estimates in this report. Estimates for 1983 and

previous years are not comparable to current estimates because of
differences in the injury categories.

A-LL


1/ Product groups and specific products are included in each group.

These

products are defined in the National Electronic Injury Surveillance System (NEISS)
Coding Manual (1987), Directorate for Epidemiology, U.S. Consumer Product Safety

Commission.
1.

CHILD NURSERY EQUIPMENT AND SUPPLIES
Baby carriages, walkers and strollers
Cribs, playpens, and baby gates

High chairs and youth chairs
Miscellaneous baby equipment

TOYS

Children’s sports and hobby equipment
Electric trains, cars and accessories
Miscellaneous toys

Projectile or flying toys

Toy chests and boxes

Tricycles (children’s)

Wagons and other ride-on toys

SPORTS AND RECREATIONAL ACTIVITIES AND EQUIPMENT
Amusement rides

Archery

ATVs, mopeds, minibikes, etc.
Barbecue grills, stoves and fuel
Baseball

Basketball

Beach, picnic and camping equipment
Bicycles and accessories
Billiards or pool

Bowl ing

Boxing

Cheerleading

Croquet

Curling

Dancing

Oarts

Exercise equipment

Fencing

Fishing

Football

Golf

Guns, BB’s and pellets
Gymnastics and equipment

Hockey, al] kinds

Horseback riding

Horseshoes

Ice and roller skating

Ice or snow boating

Lacrosse, rugby and miscellaneous bal} games
Martial arts


MAJOR ACHIEVEMENTS

Duning 1990, the U.S. Consumer Product Safe-
ty Commission:

© Negotiated agreement with each of the ATV
distributors whereby the distributors agreed to per-
form undercover monitoring of approximately 50 per-
cent of their dealers over the next two years. The
agreements contemplate that, absent compelling cir-
cumstances, the distributors will intuate franchise ter-
mination actions against those dealerships that
continue to recommend adult-sized ATVs for children
under the age of 16.

* Proposed child-resistant closures for glue
removers containing acetomtrile and for hair-wave
neutralzers contaming bromates.

© Began rulemaking to address choking with bal-
loons, marbles and small balls, and toys with small
parts intended for children ages three to six.

© Granted a petition by issuing an advance notice
of proposed rulemaking (ANPR) for crib toys that
can strangle infants.

© Proposed improvements in poison prevention
packaging (child-resistant closures) to make packag-
ing easier for older people to open but still child-
Tesistant.

* Obtained a recall of mfant ‘‘bean-bag”’
cushions because of 30 deaths to infants who were
placed on these cushions. The Commission has issued
an ANPR to ban such cushions.

* Voted to begin the process of banning reload-
able shell fireworks of a certain size and explosive force
because of severe facial injuries to consumers.

© Obtained the recall or stopped the sale of 198
different toys (involving an estimated 35 million units).
The majority, by far, were toys recalled for small parts
which present a choking/aspiration hazard to children
under three.

© Announced a replacement/refund program for
Halsey Taylor water coolers that have lead-lmed tanks.

© Filed lawsuits against seven of the nation’s toy
importers and distributors, including some of the larg-
est retailers, and their chief executives, in order to pre-
vent hazardous toys from being sold to children.

© Obtained the recall of aerosol string “‘spray
streamers”’ because of propellant flammability. A dra-
matic videotape of an actual burn incident at a child’s

birthday party led to nationwide media coverage and
widespread consumer awareness of the recall.

* Published the new ‘‘Playground Surfacing:
Technical Information Guide.”

© Collected $782,000 in civil penalties from eight
firms for allegedly failmg to report hazardous products
to the Commission.

© Published several ‘Indoor Air Quality” pub-
lications: Biological Pollutants In Your Home; As-
bestos In Your Home; Update On Formaldehyde; and
Safety Alert on ‘‘Lead-Based Paint in Your Home.””

© Issued a series of safety alerts on “Hidden Haz-
ards In Your Home,” including suffocations on beds,
strangulations with drapery cords, and drownmmgs in
five-gallon buckets.

© Mailed a safety alert on ‘Safety Labeling for
Art and Craft Materials” to 23,000 art teachers in
elementary schools, warning that students in elemen-
tary grades should not use art materials labeled as
hazardous under the new Labeling of Hazardous Art
Materials Act.

* Cooperated with the Coalition for Container
Safety to announce a safety labeling program for five-
gallon buckets, warning about the hazard of infants
drowning in buckets.

* Cooperated with manufacturers of mobile
folding tables to provide labels warning about the haz-
ard of mobile folding tables tipping over on children,

© Conducted an analysis of the effectiveness of
child-resistant closures which revealed that approxi-
mately 340 children’s lives have been saved between
1974 and 1986 because of child-resistant closures on
prescription medicines.

e Analyzed the effectiveness of the 1982 CPSC
standard which established blade control requirements
for walk-behind mowers. This analysis indicated that
walk-behind power mower injuries declined from
about 41,900 in 1983 to about 25,800 emergency room
treated injuries in 1989, a reduction of 38 percent.

© Persuaded major model building code organi-
zations to include barrier requirements for enclosing
residential pools to help reduce the estimated 350 chil-
dren under age four who drown in residential pools
and spas each year.


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT TYPE OF REGULATION PART NUMBER
Flammable contents of self- HSA definition 1500.3(c) (6) (viii)
pressurized containers method for determining 1500.45
flashpoint testing 1500.46
exemption from labeling 1500.83(a)(1)
Flammable solids HSA definition 1500.3(c) (6) (vi)
testing method 1500.44
Flammable substances HSA definition 1500.3(c) (6) (iii)
flashpoint testing 1500.43a
Food HSA exemption from specific 1500.81(a)
labeling
Formaldehyde HSA labeling 1500.13(d)
Fuel HSA exemptions 1500.81(b)
exemptions from banning 1500.85(a) (5)
special packaging 1700.14(a) (7)
Fuel kits with difluorodi- HSA exemption from banning 1500.85(a)(12), (13)
chloromethane warning label
Furniture, painted with lead- CPSA ban 1303
containing paint
Furniture polish, liquid PPPA special packaging 1700.14(a) (2)
Furniture polish, paste HSA exemption from labeling 1500.83(a) (8)
Gasoline HSA exemption from labeling 1500.83(a) (14)
special labeling 1500.14(b) (3)
Tabel ing 1500.14(a) (3)
Glazing compounds HSA exemption from labeling 1500.83(a) (13)
Hartshorn HSA labeling 1500.129(1)
Heaters (see appliances)
Highly toxic substances HSA definition 1500.3(e)
testing method 1500.40
labeling 1500.121
Household substances HSA definition 1500.3(c)(10)
Hydrochloric acid HSA labeling 1500.129(a)

19


Date

Firm and Product

Alleged Hazard

Remedy

9/90

9/90

9/90

9/90

Graco Children’s
Products
Elverson, PA

Baby Strollers -
Travel-Mate, Stroll-
A-Bed, Elite,
Brougham, Regency,
Regency Ltd.,
Premier, and Premier
Ltd.

O’Brien International
Inc.
Redmond, WA

O’Brien Pro Flow
Waterski bindings

Graco Children’s
Products, Inc.
Elverson, PA

Infant Walkers ("Tot
Wheels," "Tot Wheels
II," "Tot Wheels
III," "Wonder
Walker," "Disney
Babies")

Maytag Corporation
Newton, IA

Top mount and side by
side refrigerator
with water & ice
dispensers

The exposed recline
brackets of these
strollers may present
a fingertip
laceration, fracture
or amputation hazard
to children who place
their fingers in the
mechanism when the
seat is raised by the
parent or others.

Lacerations,
abrasions or soft
tissue injuries could
result from binding
and ski separation.

Children chew,
ingest, or
temporarily choke on
decorative plastic
labels found on
either the tray or
base of the walkers.

The small parts can
present a choking
hazard.

F-45

The firm is
providing free
stroller
retrofit kits to
consumers.

The firm issued
joint press
release, sent
letters to
distributors and
did paid ads in
Waterski
magazine -
recalling water
bindings which
were defective.

Consumers were
notified to
remove all
decorative
labels from
these products
immediately.

Maytag offered
consumers a free
redesigned
replacement bin.


Date Product Model Violation

10/89 Ghost Blaster Banned Small Parts
10/89 Wooden Shaky Head #453105 Banned Rattle
Rattle
10/89 CB Antenna Rocket - #CGP 1011S Misbranded Labeling
10/89 Pegs of Fun #2423 Banned Small Parts
10/89 Crib Pals Rattle #SKN15-7198 Banned Rattle
10/89 Siren Whistles #SKN 08-1825 & 18-5892 Banned Small Parts
10/89 Wooden Rocking Horse #G-30 Banned Smal] Parts
10/89 Charcoal Lighter Fluid Misbranded Hazardous
Substance

10/89 Play-Learn Furn. Set Bathroom Style #1411 Banned Smal] Parts

11/89 Tambourine #8152PT Banned Smal] Parts
11/89 Siren Whistle #8631 Banned Small Parts
11/89 1 Speed Strida Bicycle #CSD600 Banned Fails Standard
11/89 Sidewalk Bicycles #121 & 124 Banned * Fails Standard
11/89 Slinky Toy #440 Frog Banned Lead-in-Paint
Slinky Toy #200 Train Banned Lead-in-Paint
Slinky Toy #250 Worm Banned Lead-in-Paint
Slinky Toy #425 Seal Banned Lead-in-Paint
Slinky Toy #480 Kitten Banned Lead-in-Paint
11/89 Siren Whistle #8748 Banned Small Parts
11/89 16" Pixie Bicycles #3425020 Banned Fails Standard

11/89 Full Sized Cherry Crib Jefferson Model #84202 Banned Slat Spacing
Full Sized White Crib Jefferson Model #84205 Banned Slat Spacing

FHSA - Federal Hazardous Substances Act
CFR - Code of Federal Regulations


ADVISORY OPINIONS

No. Date of From/To Subject
Opinion
311 04/16/90 Susan Birenbaum/ Wolf-hybrid dog is not a

Bernie Reamer

B-5S

“consumer product" as that
term is defined in the
Consumer Product Safety Act


FEDERAL-STATE-LOCAL COOPERATIVE MECHANISMS

In Fiscal Year 1990, the Commission continued its efforts to reduce
consumer product-related deaths and injuries by leveraging resources through
cooperation with State and local governments.

CPSC’s strategy for State and local cooperation is based on deliberate
steps to expand product safety involvement by the cooperating agency. At the
minimum level, we ask a State or local agency to: (1) expand CPSC recalls and
consumer alerts by localizing the story and re-releasing it through their own
information channels; (2) provide CPSC with leads about possible defects in
consumer products that the Regional Center can investigate; and (3) help CPSC
conduct seasonal and special information and education programs within their
jurisdiction. In return for this cooperation, CPSC provides wel] documented
and legally sound consumer information for re-release, support in answering
consumer inquiries about product safety matters, and suggested materials and
programs for injury prevention.

As the relationship between CPSC and the State or local agency grows, so
does the level of involvement. It is not long before a State or local agency
becomes interested in conducting recall effectiveness checks, doing on-site
in-depth investigations, or participating in surveys of the marketplace.

If the product safety mission is truly compatible with that of the State
or local agency and if enabling legislation is in place, the State or local
agency usually embarks on its own product safety program complete with
inspections and regulatory follow-up, when necessary.

State/Local Contracts Program

Cost-effective contracts with State and local agencies for needed
services provide a basis upon which greater cooperation can grow. Because our
missions are compatible, State and local governments usually match our funds
with their own money to accomplish the objective. In addition, State/local
contracts allow us to accomplish product safety work in places across our
nation that we would not get to otherwise ... our reach is expanded.

In FY-90, the Commission supported the State and local contracts program
in the amount of $222,000 -- for compliance and epidemiology activities in
six (6) program areas.

In-depth investigations

Recall Effectiveness Checks
State Networking

HSA/PPPA Surveillance

Fireworks Surveillance
Monitoring of ATV Consent Decree

DOP wnne

3-3


APPENDIX A

Deaths, Injuries and Cost of Injuries
from Consumer Products


REFERENCE SOURCE

TITLE 16 CFR
PRODUCT ACT ‘TYPE OF REGULATION PART NUMBER
Waxes, paste for autos, HSA exemption from labeling 1500.83(a)(8)
furniture, floors, shoes
Wearing apparel FFA standard (cs 191-53) 1610

Wood burning appliances (see appliances)

Writing instruments

Xylene (xylol)

Xylene (paint solvents)

HSA
HSA

PPPA

exemption from labeling

labeling
special labeling

exemption from labeling

special packaging

1-18

1500.83(a) (38)

1500.14(a) (3)
1500.14(b)(3)(i1),

(iii)
1500.83(a)(8), (9),
(11), (13)

1700.14(a) (15)


AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

October 12
October 17

October 25
November 20
December 7-8
January 9-10
January 18
February 22

March 18
March 29-30

April 18-19
May 15

May 30

June 5-6
June 7
July 18

July 24
September 19-21

OEX: ANSI consumer activities

Acting Chairman Anne Graham, Commissioner Carol G.
Dawson, & CPSC staff: Coordinating Committee: EC
1992 Update; expediting voluntary standards;
increasing conformance to existing standards

ES: safety requirements in gas-fired appliance
standards

Commissioner Carol G. Dawson: CPSC voluntary
standards activities

—P: voluntary standards for product safety
labeling

ES: standards for gas appliance thermostats,
automatic gas ignition systems & carbon monoxide
safety shut off systems

OEX: activities and procedures of ANSI
Commissioner Carol G. Dawson: U.S. Standards
Strategies EC 1992

OEX: ANSI safety and health standards issues
EXPB & Powered Equipment Hazards Team: ongoing
committee activity on the Chain saw,
brushcutter/trimmer and leaf blowers standards and
related ISO activity

ES: revisions to the ANSI Accredited 221
standards

Chairman Jacqueline Jones-Smith & CPSC staff: to
review ANSI/CPSC Activities, EC 1992, and the NIST
hearings on improving Government participation in
international standards activities

Commissioner Carol G. Dawson/staff: international
trade

ES: safety standards for gas-fired appliances

ES: flexible gas connector standard

Chairman Jacqueline Jones-Smith & CPSC staff:
general CPSC matters

EP: ANSI product labeling voluntary standard

ES & other CPSC staff: standards work on chain
saws, trimmers/brushcutters and leaf blowers and
work of U.S. TAG ISO TC23/SC17 Committee

AMERICAN TEXTILE MANUFACTURERS ASSOCIATION

September 5

EXPB: carpet testing

ANNE ARUNDEL COUNTY, MARYLAND, BOARD OF APPEALS

February 5

EXPB: proposed waiver of pool fencing for pool
covers

C6


FIELD OFFICE CENTRAL REGION
(Continued)

Ohio

Mr. James K. Essman

Chief, Division of State
Environmental

Health Services

Ohio Department of Health

246 North High Street

Sixth Floor

Columbus, Ohio 43266

(614) 466-1450

FAX: (614) 644-8526

NOTE: Please phone (614) 466-1450

before transmitting

South Dakota

Mr. Charles A. Anderson
Secretary of Health

State of South Dakota

523 E. Capitol Avenue
Pierre, South Dakota 57501
(605) 773-3361

FAX: (605)-773-4840

Tennessee
Mr. Jimmy Hopper

Director, Quality & Standards
Division

Tennessee Department of Agriculture

Hogan Road - P. 0. Box 40627
Metrose Station

Ellington Agriculture Center
Nashville, Tennessee 37204
(615) 360-0150

FAX: (615) 360-0194

Wisconsin
Ms. Merry Fran Tryon

Director, Trade & Consumer
Protection Division

Wisconsin Department of Agriculture

801 West Badger Road
Madison, Wisconsin 53713
(608) 266-8512

FAX: NONE

FIELD OFFICE WESTERN REGION

Alaska

Ms. Myra Munson

Commissioner, Alaska Department
of Health and Social Services

P. 0. Box E-01

Juneau, Alaska 99811-0601

(907) 465-3030

FAX: (907) 465-3068

Arizona

Mr. Norman J. Petersen, Chief
Risk Assessment & Investigation
Division of Disease Prevention
Ariz. Dept. of Health Services
3008 North Third Street
Phoenix, Arizona 85012

(602) 230-5858

FAX: (602) 230-5817

Arkansas

Mr. Jerry Hill, Director

Bureau of Environmental Health
Services

Arkansas Department of Health

4815 West Markham

Little Rock, Arkansas 72205

(501) 661-2638

FAX: (501) 661-2468

California

Dr. Kenneth W. Kizer, Director
State of California
Department of Health Services
External Affairs

714 P Street, Room 1253
Sacramento, California 95814
(916) 445-1248

FAX: (916) 327-4521


Date

Firm and Product

Alleged Hazard

Remedy

2/90

3/90

3/90

3/90

Tsumura International
Chaska, MN

RIGAUD Candles

Cythere and Cypress
colors

McCrory Corporation
York, PA

Aqua Hex Aquarium,
Item No. 951418

Schwinn Bicycle Co.
Washington, DC

All-Terrain Bicycle

Sta-Rite Indusries
Delavan, WI

Battery Operated
Backup Sump Pump

Some of these candles
have the tendency to
flare-up possibly
resulting in a minor
burn and/or fire
hazard.

The electric cord
light socket is not
properly secured.
Tightening a bulb in
the light socket can
cause a short circuit
and ignition of the
cord, presenting a
fire hazard.

The unstable bike may
be difficult to steer
causing the rider to
lose control and
fall.

Should the motor of
the sump pump
experience a locked
rotor condition, the
motor may overheat
possibly resulting in
a smoke or fire
hazard.

F-33

The firm
recalled all] the
Cythere and
Cypress candles
produced during
the year 1989,

Owners should
discontinue the
use of the light
cord set and
return it to the
store where
purchased for a
free
replacement.

Schwinn notified
all it’s
customers of

_ Stability

problems and
replaced the
fork assembly.

Consumers are to
contact Sta-Rite
at 1-800-472-
0884 to receive
replacement
units free of
the alleged
hazard.


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT =‘ TYPE OF REGULATION PART NUMBER
sharp edges HSA technical requirements 1500.49
sharp points HSA technical requirements 1500.48
small parts HSA ban 1500.18(a) (9)
safety requirements 1501
model rockets HSA exemption from labeling 1500.83(a) (36)
model rockets, propellant HSA exemption from labeling 1500.85(a)(8), (9),
(10), (11), (12),
(13)
sewing machines HSA requirements 1505.4(h) (3)
stuffed animals with- HSA ban 1500.18(a) (3)
laceration hazard
stuffed toys to be suspended PSA to be regulated under 1145.9
the CPSA
train smoke HSA exemption from labeling 1500.83(a) (33)
use and abuse tests HSA testing procedures 1500.50-.53
Turpentine HSA special labeling 1500.14(b) (5)
labeling 1500.14(a)(5)
exemption 1500.83(a) (8)
PPPA special packaging 1700.14 (a) (6)
Tubes, collapsible metal HSA labeling 1500.121(e)
Unpackaged hazardous substances HSA labeling requirements 1500.121(f)
Varnish HSA exemption from labeling 1500.83(a) (13)
Vienna paste HSA labeling 1500.129(i)
Vinyl chloride HSA ban 1500.17(a) (10)
Vinyl plastic film FFA standard (CS 192-53) 1611
Visual novelty devices HSA exemption 1500.83(a) (31)
containing perchloroethylene
Volatile flammable materials HSA flashpoint testing 1500.43
method
Walker- jumper HSA ban 1500.18(a) (6)
exemption from 1500.86(a) (4)
classification
Water-repellant mixtures, HSA ban 1500.17(a)(1)
masonry
Wax containers HSA exemption from labeling 1500.83(a) (8)

117


Date

Firm and Product

Alleged Hazard

Remedy

10/89

10/89

10/89

Caloric Corporation
Topton, PA

Certain 20" and 30"
Freestanding Electric
Ranges

Brands: Glenwood,
Grand, Welbilt,
Sunray, Whirlpool,
Caloric

Honda Motor Corp.,
USA
Gardena, CA

Rubber fuel cock
carburetor gasket

National Presto
Industries, Inc.
Eau Claire, WI

PRESTO HeatDish
Parabolic Elec. Dish
Heater

Model No. 07905

In certain units a
ground link was not
properly attached.

If other components
failed, an electrical
shock hazard could be
created.

There is an extremely
low possibility of a
fire with an internal
combustion engine at
low environment
temperatures.
However, leakage
stops after engine is
warm and corrects
problem.

Pinched internal
wiring may allow
current leakage which
could create a shock
hazard. :

F-26

Consumers are
being contacted
directly for an
“in-home”
repair.

The. firm changed
the material
used to make the
rubber petcock
gasket.

In Sept. 1989,
all units in
inventory and in
the hands of
customers were
checked and
reworked as
necessary to
meet all safety
and operational
requirements.
These units have
all been coded
for future
identification.


DEATHS, INJURIES AND COST OF INJURIES FROM CONSUMER PRODUCTS

The Commission, in fulfilling its mission to protect the public against
unreasonable risk of injuries associated with consumer products, collects,
reviews and analyzes data on deaths and injuries associated with such
products. Appendix A presents three tables which contain summary data by
totals and by age groups for deaths, estimated injuries and estimated costs of
injuries associated with products under the jurisdiction of the Commission.
These products are aggregated into 15 product groupings.

While the deaths and injuries in these tables represent product
involvement, that involvement does not necessarily indicate causality.

Table 1: Deaths Associated with the Use of Certain Consumer Products,
January 1, 1988 through December 31, 1988. These data are taken from death
certificates the Commission purchases from the states. Comparisons of Table 1
with previous Annual Report tables of deaths associated with the use of
consumer products ought not to be undertaken since budgetary restrictions
alter the amount and categories of death certificates purchased each year.

Table 2: Estimates of Hospital Emergency Room Treated Injuries Associated
with the Use of Certain Consumer Products, October 1, 1989 through September
30, 1990. This is based on data collected from a statistically selected group
of hospitals as part of the Commission’s National Electronic Injury
Surveillance System (NEISS). Comparisons of Table 2 with previous annual
report tables of injuries associated with the use of these consumer products
must be undertaken cautiously. The NEISS hospital sample was updated as of
January 1, 1990 to take into account changes that have occurred in the NEISS
sampling frame of emergency departments since the 1975 sampling frame was
oye {e.g., representing hospital emergency departments opened after
1 .

Table 3: Estimates of the Costs of Hospital Emergency Room Treated
Injuries Associated with the Use of Certain Consumer Products, October 3, 1989
through September 30, 1990. This is derived by applying the Commission’s
Injury Cost Model to the injury estimates of Table 2.

For products where Commission remedial action has been considered,
additional data have been collected and analyzed to develop more detailed
estimates. Based on interviews with victims or witnesses, the Commission
identifies causes of accidents, including the interaction between the person,
the product and the environment. Using all the available data, the Commission
staff periodically prepares hazard analysis reports for selected products. To
learn whether an analysis for any particular product is available, or to
receive general injury data reports or more detailed data than are included in
this appendix, please write to:

National Injury Information Clearinghouse
U.S. Consumer Product Safety Commission
Washington, D.C. 20207


Date

Firm and Product

Alleged Hazard

Remedy

01/90

2/90

2/90

2/90

Raley’s
West Sacramento, CA

Toyo string-to-string
Christmas lights with
TP-6 connectors

Stephen Imports
San Francisco, CA

International
Professional Styler,
PH-708

and International
Traveler 1250

Smith Corona
Corporation
Cortiand, NY

Smith Corona
rechargeable power
pack, stock number
67140

Lillian Vernon
Corporation
Mt. Vernon, NY

Golden Bird Votive
Candle

The metal contacts
inside some Toyo TP-6
connectors may be
pulled or pushed out
and the exposed,
energized contacts
may present a shock
or electrocution
hazard.

These model hair
dryers offer no
immersion protection
if dropped in water.
This could cause
electrocution.

A charged battery
pack may develop a
short circuit in its
internal wiring,
resulting in
overheating of the
keyboard of the
laptop word processor
in which it 1s
contained.

The outer terra cotta
shel? of the candle
is likely to crack
apart during use
resulting in a
potential fire
hazard.

F-32

Toyo offered
replacement or
cash refunds for
the problem
Tight sets.

Consumers can
return their
hair dryer to
the place of
purchase to
receive a full
refund.

The firm

redesigned the
battery pack and
recalled the
product offering
a free
redesigned umit
to consumers.

The candle was
recalled by the
firm and a
refund of the
purchase price
was offered to
consumers.


Date

Firm and Product

Alleged Hazard

Remedy

5/90

5/90

5/90

6/90

Home Club
Fallington, CA

Glass Curio Cabinet
Models 1810, 1820 &
1830

ASA, Inc.
Elkhart, IN

Magnavox 13 Inch
Color Television
Receiver, Model No.
RJ4049

Glassworks Creations,
Inc.
Farmington Hills, MI

Pecora Adhesive used
to hang mirrors

Dynamic Classics,
Ltd.
New York, NY

"Rowing Action
Exerciser" spring
exerciser

The adhesive holding
the cabinet to the
wall does not
function properly
allowing the cabinet
to fall to the floor.

The internal chassis
wiring is not
isolated from the AC
power supply which
would present an
electric shock hazard
1f contact is made
with the external
jack.

The adhesive, used to
Mount the mirrors to

the wall, may dry out
allowing the mirrors

to loosen or to fall

to the floor.

The spring may break,
the footbar can
separate and the
handlebar or spring
may snap back causing
serious facial and
body injuries, i.e.
lacerations,
fractures, loss of
teeth and
concussions.

F.37

The firm
recalled the
cabinets
offering a
refund or
exchange to
consumers .

Consumers should
contact the
Consumer Affairs
office of the
Philips
Electronics
Company at

(615) 475-0317
to arrange for
the repair of
their
televisions at
an authorized
service center.

The firm
discontinued the
use of the
Pecora adhesive
and rectified
improper
installations.

Firm provided
consumers with a
retrofit kit,
consisting of
metal clips for
both ends of the
spring, a new
footbar with a
longer connector
and a new
shorter cord.


FREEDOM OF INFORMATION

1.

Reliance Electric Company and Challenger Electric Equipment
Corporation v. CPSC, Civil Action No. CV-87-1478 (D.D.C.)
and No. 89-5396 (C.A.D.C.). On May 29, 1987, the plaintiff
firms filed a complaint and application for temporary
restraining order, to enjoin the disclosure of information
under section 6 of the Consumer Product Safety Act. After
a dune 2, 1987 hearing, the Court issued a TRO and ordered
the parties to file cross-motions for summary judgment.
Both parties did so in July 1987. On September 19, 1989,
the Court ruled that the CPSC had followed the proper
procedures and that most of the documents could be
released. The firms noticed their appeal and, on September
26, 1989, the District Court stayed its order pending
resolution of the appeal. The firms filed their appellate
brief on August 20, 1990, and the government filed its
appellate brief on September 19, 1990. Oral argument was
scheduled for November 2, 1990.

CASES AGAINST THE COMMISSION

Kathryn O'Brien v. Anne Graham, Civil Action No. 89-1860-JH
(D. Md.) and No. 90-3002 (4th Cir.). In March 1989, a
former CPSC employee filed a complaint challenging the
Merit Systems Protective Board and Equal Employment
Opportunity Commission decisions which had upheld CPSC's
termination of her employment. Originally filed in the
District of Columbia, the Court ordered the case
transferred to Maryland on May 31, 1989. The government
filed a motion for summary judgment on July 31, 1989, which
the Court granted on September 21, 1989. On appeal, both
parties filed "informal" briefs. On March 19, 1990 the
Court of Appeals dismissed the appeal as untimely and on
April 17, 1990 denied Ms. O'Brien's petition for rehearing.

B.J. Alan Company, Inc. v. Nicholas Brady, et _al., Civil
Action No. 1:89-CV-02069 (N.D. Ohio). On October 25, 1989
the firm challenged a U.S. Customs Service/CPSC seizure of
fireworks. The government filed a motion to dismiss on
January 12, 1990. The parties settled the case and it was
dismissed in February 1990.

Kellner's Fireworks, Inc. v. U.S. et al., Civil Action No.
90-176 Erie (W.D. Pa.). On July 27, 1990 a fireworks firm
moved for a temporary restraining order against the obtain-
ing of an inspection warrant. The Court dismissed the
action following a hearing on July 31, 1990.



Project

Involvement

cigarette Lighters
Drowning & Diving:

Pool Covers

(M=Monitor; Standards
P=Participate) Group/Standard
FIRE & THERMAL BURN HAZARDS: HOUSEHOLD STRUCTURAL PRODUCTS
Pp ASTM (F15.02)
P ASTM (F15.28)
Pp CABO, ICBO,

Pool Barriers

Diving

Spas & Hot Tubs

Fire Extinguishers

Fire Hazard Assessment

BOCA & SBCCI

P ANSI/NSPI-1,
ANSTI/NSPI-5

P ANSI/NSPI-2,
ANSI/NSPI-3,
ANSI/NSPI-6

{previously Fire Toxicity)

Gas Heating:

Central Furnaces

Flexible Connectors

Water Heaters

LP-Gas

Automatic Gas Control

Valves
Kerosene
Wall Covering

Wood Heating

M NFPA 10R, UL
P ASTM (E-5)

P ANSI (Z21)

P ANSI (Z21.24)
P ANSI (Z21.10)
P ANSI (Z21.58)
P ANSI (Z21)

M UL (647)

ASTM (F15.15)

BOCA & ICBO
SBCCI, UL (737 &
1482), NFPA (211)


Date

Product

Model

Violation

11/89

12/89

12/89
12/89

12/89
12/89
12/89
12/89

12/89
12/89
12/89
1/90
1/90
1/90

1/90
1/90
1/90
1/90

Plush Toy
Plush Toy
Plush Toy
Plush Toy
Plush Toy
Plush Toy
Forest Family
Forest Family
Forest Family
Forest Family
Funny Clown Doll

Toy Tin Drum

Rotating Wood Train
20" BMX Bicycles

Spray Paint

Li’l Baby Gift Set
Melody Clock

Sesame St Old Time Car
Merry Rattle

Brass Baby Cribs
Squeaky Jack-in-Box
Little Triplets Doll
Dressed Stuffed Monkey

Clacker Balls

Magnetic Board
In ’N Out School Bus
Pull-A-Long Train

Farm Puzzle
Kitchen Puzzle

#55-0079 Pink Bear
#55-5095 Pink Monkey
#55-0046 White Bear
#55-0038 Sm. Beige Bear
#55-0061 Beige Bear
#55-0368 Santa Bear

#31457 Crocodille
#31458 Bear
#31459 Elephant
#31460 Gorilla

#619

#SKU100-847

#6947070

#€1200] & C120016

Fashion Flatr-10 oz.Can

#6640
#8608
#8819

Item #1/53

#BT-007C & BT-007

#2043
#299
#28750
#65131

#3306
#8403
#37599

#SX4100
#SX4103

F6

Banned
Banned
Banned
Banned
Banned
Banned

Banned
Banned
Banned
Banned
Banned

Technical
Guideline

Banned
Banned
Banned
Banned
Banned
Banned
Banned
Banned
Banned
Banned

Banned

Banned

Banned
Banned
Banned

Banned
Banned

Smal] Parts
Smal] Parts
Small Parts
Smal] Parts
Smal] Parts
Small Parts
Small Parts
Smal] Parts
Small Parts
Small Parts
Small Parts

Sharp Edges

Small Parts
Fails Standard
Lead-in-Paint
Small Parts
Smal] Parts
Small Parts
Rattle

Fails Standard
Small Parts
Small Parts
Small Parts

Mechanical
Hazard

Small Parts
Small Parts
Small Parts

Small Parts
Small Parts


10.

ll.

12.

Lawn mowers, all types

Other power Tawn equipment

Outdoor electric lighting equipment
Pumps

Trimmers and small power garden tools

HOME WORKSHOP EQUIPMENT
Automotive tools, accessories and chemicals
Batteries, all types

Battery chargers

Chains

Engines, non-automotive

Hoists, lifts, jacks, etc.
Miscellaneous working equipment
Power home tools (excluding saws)
Power home workshop saws
Welding, soldering, cutting tools
Wires, cords, not specified
Workshop chemicals

Workshop manual tools

HOME AND FAMILY MAINTENANCE PRODUCTS
Cleaning agents (excluding soaps)
Cleaning equipment, non-caustics
Drain, oven cleaners and caustics
Miscellaneous household chemicals
Paints, solvents and lubricants
Polishes and waxes

Soaps and detergents

GENERAL HOUSEHOLD APPLIANCES

Cooking ranges, ovens, etc.

Irons and clothes steamers (not toys)
Miscellaneous household appliances
Refrigerators and freezers

Washers and dryers

HEATING, COOLING AND VENTILATING EQUIPMENT
Air conditioners

Chimneys and fireplaces

Fans (excluding stove exhaust fans)
Furnaces

Heating stoves and space heaters
Miscellaneous heating and cooling equipment
Pipes (heating and plumbing)

Radiators

Water heaters

HOUSEWARES:
Cookware
Drinking glasses
Knives, unpowered

A-8


State or
Commonwealth

Department

Field Office Central Region

Michigan

Minnesota
Mississippi
Missouri
Nebraska

North Dakota

Ohio
Tennessee

Wisconsin

Field Office Western Region

Alaska

Arizona

Arkansas

California

Colorado

Idaho

Louisiana

(continued)
Center for Environmental Health
Sciences
Department of Health
Attorney General’s Office
State Board of Health
Department of Health
State Department of Health

North Dakota State Laboratories
Branch

Department of Health
Department of Agriculture

Department of Agriculture
Trade & Consumer Division

Alaska Department of Health
and Social Services

Board of Pharmacy

Department of Health
Board of Pharmacy

Department of Health
Food & Drug Section
Bureau of Home Furnishing
Department of Health
Board of Pharmacy

Board of Pharmacy

J-20


Date

Firm and Product

Alleged Hazard

Remedy

3/90

3/90

3/90

Arctco
Thief River Falls, MN

1990 E] Tigre EXT
snowmobile carburetor
spring

White Consolidated
Industries, Inc.
Cleveland, OH

18.6 and 20.6 cubic
ft. refrigerators
with freezer on top
manufactured in March
of 1989.

Frigidaire, Gibson,
Kelvinator,
Signature, Coldspot,
White Westinghouse

Bondwell Industrial
Co., Inc.
Fremont, CA

Remote Control Toys
Quick Shot "Dudley
Duck" and "Deenie
Dino"

The vehicle may not
slow down when the
throttle is released.

If the heating
element is situated
too close to the
plastic liner 1t
could cause melting
or in an extreme
case, it could lead
to a fire.

A battery may
overheat and/or leak
when one unit of four
is placed in the
battery compartment
in the reversed
polarity position.
Leaking batteries may
cause eye or skin
irritations.

F.34

The firm
notified the
carburetor’s
manufacturer to
install correct
springs and to
change assembly
and quality
contro]
procedures.

Consumers who
experience a
problem should
contact their
local dealer.

The firm placed
warning labels
on units in
stock and
redesigned new
units to be
placed only in
correct
positions.


APPENDIX B

Policies, Final Regulations and
Proposed Regulations


WHITE LUNG ASSOCIATION
April 5

WILEY, REIN AND FIELDING

December 14
September 7

WINSTON AND STRAWN
May 23

WRAP-ON, INC.
June 21

YALE UNIVERSITY
August 15

EXPB & other CPSC staff: Environmental Protection
Agency Dialogue on asbestos in buildings

EXPB & other CPSC staff: heat tape
EXPB & ES: heat tape

ES: heat tape

EXPB & ES: heat tape

EXPB & Household Structures Team: issues related
to swimming safety

C-27


Date

Firm and Product

Alleged Hazard

Remedy

12/89

12/89

12/89

1/90

Hudson Standard
Corporation
Newark, Nd

"4 in 1" Grill
Waffler, Model No.
785

J.C. Penney Company,
Inc.
Dallas, TX

” Electric Garment

Steamer
No. 784-1008

Daisy Manufacturing
Company, Inc.
Rogers, AR

Plastic ring caps
Nos. 4508, 4512

Sold only in Wal-Mart
Stores

Toyo Industrial Co.
Ltd.

Taipei, Taiwan and
Bangkok, Thailand

String-to-string Toyo
Christmas lights with
TP-6 connector.

Improper assembly
would energize the
grill waffier housing
with line voltage
(120 VAC) to present
a severe electric
shock or an
electrocution hazard.

The water fill plug
on the garment
steamer may pop out
during use exposing
users to hot water
and steam. Users may
sustain first and/or
second degree burns.

Caps may flare up if
dropped or
experiencing
friction, presenting
a potential fire or
burn hazard.

The metal contacts
inside some TP-6
connectors may be
pulled or pushed out,
exposing them to
contact by consumers.
Energized, exposed
contacts may present
an electric shock or
electrocution hazard.

F-30

J.C. Penney Co.,
Inc. contacted
and recalled the
grill wafflers
from al] catalog
sales customers.

J.C. Penney
recalled the
product offering
refunds to
consumers. A
joint press
release was
issued 1/90
announcing the
recall.

For a refund and —

‘directions for

disposing of
caps, contact:
Daisy
Manufacturing
Co., P.O. Box
220, Rogers, AR
72756 (800) 643-
3458.

Toyo will
replace all
string-to-string
Christmas light
sets with TP-6
connectors with
new or repaired
sets at no cost
to consumers.


CALIFORNIA STATE DEPARTMENT OF CONSUMER AFFAIRS,
CONSUMER SERVICES DIVISION

March 14 Chairman Jacqueline Jones-Smith: introductory
courtesy call

April 3 Chairman Jacqueline Jones-Smith: general CPSC
matters

June 5 Chairman Jacqueline Jones-Smith: general CPSC
matters

CALIFORNIA STATE DEPARTMENT OF DEVELOPMENTAL SERVICES, OTHER HEALTH SERVICES
GROUPS

June 5 Chairman Jacqueline Jones-Smith: general CPSC
matters

CALIFORNIA STATE DEPARTMENT OF MOTOR VEHICLES, HIGHWAY PATROL, AND DEPARTMENT
OF PARKS & RECREATION

dune 5 Chairman Jacqueline Jones-Smith: ATV safety
program

CALIFORNIA STATE FIRE MARSHALL, BOARD OF PHARMACY, OTHER STATE OFFICIALS

dune 5 Chairman Jacqueline Jones-Smith: general CPSC
matters

CALMAR, INC.

duly 25 Chemical Hazards Team: child-resistant packaging
September 27 EC: child-resistant packaging

CARPET AND RUG INSTITUTE (CRI)

December 6 EXPB: indoor air pollution (solids and gases)

January 9 EXPB, HS, ES & other CPSC staff: carpet
construction and manufacture

March 7 Commissioner Anne Graham (speaker): carpet
industry “President’s Conference"

May 8 Commissioner Anne Graham & EXPB: CPSC’s carpet
project

CENTRAL STATION ALARM ASSOCIATION
August 7 EC, EXPB, EP, HS, OGC & CA: the use of door,

window, and house alarms and alarm systems as
barriers to children’s access to residential
swimming pools

C-10


FIELD OFFICE WESTERN REGION
(Continued)

Oklahoma

Mr. Dale McHard

Chief, Radiation and Special
Hazards Service

Oklahoma Department of Health

1000 NE 10th Street

P. 0. Box 53551

Oklahoma City, Oklahoma 73152

(405) 271-5221

FAX: (405) 271-7339

Oregon

Ms. Jan Margosian

Consumer Information Coordinator
Financial Fraud

Attorney General’s Office

240 Cottage Street, S.E.

Salem, Oregon 97310

(503) 378-4732

FAX: (503) 373 7067

Texas

Mr. Neil Travis, Bureau Chief
Consumer Health Protection
Texas Department of Health
1100 West 49th Street

Austin, Texas 78756

(512) 458-7519

FAX: (512) 458-7407

J-28

FIELD OFFICE WESTERN REGION
(Continued)

Utah

Gary R. Hansen, Director
Division of Consumer Protection
P. 0. Box 45802

Salt Lake City, Utah 84145-0802
(801) 530-6601

FAX: (801) 530-6650

Washington

Mr. Eric Slagle
Assistant Secretary for
Enviornmenta) Health
Department of Health
Airdustrial Park-Bldg. 3
Olympia, Washington 98504
(206) 753-5955
FAX: (206) 586-5529

Wyoming

Mr. Howard Hutchings, Director

Environmental Health

Department of Health and Social
Services

Hathaway Building, Room 482

Cheyenne, Wyoming 82002

(307) 777-7957

FAX: (307) 777-6289


REFERENCE SQURCE

TITLE 16 CFR
PRODUCT ACT =‘ TYPE OF REGULATION PART NUMBER
Hypochlorous acid HSA labeling 1500.129(h)
Imported products & importers ALL policy 1009.3
Imports HSA various 1500.265-.272
Industrial supplies HSA exemption 1500.3(c)(10)(i)
Ink, cartridges HSA exemption from labeling 1500.83(a)(7) & (38)
dry concentrate containers HSA exemption from labeling 1500.83(a) (12)
Ink-marking devices HSA exemption 1500.83(a) (9)
Insulation, cellulose CPSA standard 1209
Iron preparations PPPA = special packaging 1700.14(a)(12), (13)
Irritant substances HSA definition 1500.3(g)
testing method 1500.41
Isobutane in cigarette lighters HSA exemption from labeling 1500.83(a) (29)
Isosorbide dinitrate, pre- PPPA exemption from special 1700.14(a)(10)(ii)
scription sublingual and packaging
chewable forms
Kerosene HSA labeling 1500.14(a) (4)
special labeling 1500.14(b) (3)
exemption from labeling 1500.83(a) (14)
special packaging 1700.14(a) (7)
Kindling and illuminating PPPA = special packaging 1700.14(a) (7)
preparations
Kites, aluminized polyester film HSA ban 1500.18(c)(1)
Labels HSA requirements 1500.121
condensation 1500.123
informal comment on 1500.128
exemption from labeling 1500.83(a) (5)
Laboratory chemicals, if HSA exemption from banning 1500.85(a)(4)
educational and labeling 1500.85(a) (5)
Lacquers HSA exemption from labeling 1500.83(a) (13)
Lawn darts HSA ban 1500.18(a) (4)
CPSA ban 1306

110


13.

14,

15.

Miscellaneous housewares

Scissors

Skewers, ice picks and other picks
Small kitchen appliances
Tableware and accessories

HOME FURNISHINGS, FIXTURES AND ACCESSORIES
Bathtub and shower structures

Beds, mattresses and pillows

Blankets

Carpets and rugs

Chairs, sofas and sofa beds

Desks, cabinets, shelves, racks, etc.
Drapery rods and accessories

Electric fixtures, lamps and equipment
Fireplace equipment

Holiday and party supplies

Hot tubs, spas, and whirlpools

Ladders and stools

Mirrors and mirror glass

Miscellaneous decorating items

Other miscellaneous furniture and accessories
Scales (excluding baby scales)

Sinks and toilets

Tables

Window, table, chair, bed covers

HOME STRUCTURES AND CONSTRUCTION MATERIALS
Automatic doors and door openers

Cabinet or door hardware

Ceilings and walls of a completed structure
Counters and counter tops

Fences

Glass doors, windows and panels

Handrails, railings and banisters
Insulation

Miscellaneous construction materials and lightning rods
Nails, carpet tacks, etc.

Non-glass doors and panels

Outside attached structures and materials
Outside unattached structures

Porches, open side floors, etc.

Stairs, ramps, landings and floors

Window and door sills, including frames
Wood panelling and particleboard

MISCELLANEOUS PRODUCTS
Alarms and escape equipment
Business and office machines
Dollies and carts

A9


(11) automatic gas control valves. The monitoring level projects were: (1)
fire extinguishers; (2) kerosene (sometimes called kerosene heater labeling);
(3) wall coverings; and (4) wood heating. Progress on all projects was rated
satisfactory by the staff, with the exception of the flexible connectors
project whose progress was slow but improving.

A new standard on chimney liners, UL 1777, was approved on 11/30/89 which
provides high temperature safety requirements. Two revised national consensus
voluntary standards were approved in 7/90. These were: (1) “Standard for
Fireplace Stoves," UL 737; and (2) "Standard for Solid-Fuel Type Room
Heaters," UL 1482. These standards involve wood heating and now incorporate
installation instructions developed by the CPSC staff. In addition, the ANSI
721.11.2 revised standard on unvented gas space heaters, published in 7/90,
contains changes in ignition instructions and safety labeling which have been
advocated by the Commission staff.

The testing of cigarette lighters that are typical of those now being
marketed has been completed. The ASTM F15.02 Subcommittee has drafted a
child-resistant lighter standard. The Lighter Association, a trade group
representing major cigarette lighter manufacturers, has requested that the
Commission adopt this standard as mandatory. The Commission will consider
this proposal, as well as other options, later this year.

The Commission staff’s swimming pool barrier proposal was submitted to the
four major model] building code organizations. Code change committees for
three of these, ICBO, CABO, and the Southern Building Code Congress
International (SBCCI), recommended that the CPSC proposals be approved by
their organizations’ memberships. Recently, the ICBO membership approved
including the pool barrier proposal as an appendix to the ICBO Uniform
Building Code. The members of both CABO and SBCCI, subsequent to the
reporting period, voted on including the barrier proposal in their codes.

Comments were submitted to the ASTM F15.28 Task Group on a revised draft
consensus standard for pool covers. A Subcommittee ballot is anticipated in
12/90.

CPSC staff submitted comments to the NFPA 10R Committee working on fire
extinguishers. The revised NFPA draft standard was considered by the
Committee but disapproved. The negative ballots will be considered in 12/90.

In connection with the Fire Hazard Assessment Project (ASTM E5), CPSC will
submit a simplified fire hazard model to code officials and other interested
parties for review in the fall of 1990. However, CPSC involvement in this
project has been terminated because of a lack of resources.

CPSC staff-recommended changes to the ANSI water heater standard were
approved by the ANSI 221 Subcommittee. This test method addresses flame roll-
out hazards. These proposed changes now will be forwarded for final ANSI
approval.

E-8


REFERENCE SOURCE
TITLE 16 CFR

PRODUCT ACT =‘ TYPE OF REGULATION PART NUMBER

Erythromycin ethylsuccinate (8 gm

oral suspension and granules

for oral suspensions) 1700.14(a) (10) (iii)
Erythromycin ethylsuccinate

tablets (no more than 16 gm) 1700.14(a) (10) (xvi)

Cyclical oral contraceptives 1700.14(a) (10) (iv)

Anhydrous cholestyramine (powder 1700.14(a) (10) (v)

form)

Postassium supplements (containing not 1700.14(a) (10) (vi)

not more than 50 MEq potassium per
unit dose package)

Sodium fluoride (264 mg per package 1700.14{a) (10) (vii)

of liquid forms and tablet forms)

Betamethasone (12.6 mg per package) 1700.14(a) (10) (viii)

Pancrelipase in tablet, capsule or 1700.14(a) (10) (ix)

powdered form

Prednisone tablets (not more than 1700.14(a) (10) (x)

105 mg per package)

Mebendazole (600 mg per package) 1700.14(a) (10) (xiii)

Methylprednisolone tablets (not more 1700.14(a) (10) (xiv)

than 84 mg per package)

Colestipol (packages containing not 1700.14(a) (10) (xv)

more than 5 grams of powder)

Conjugated estrogens tablets (not 1700.14(a) (10) (xvii)

more than 32 mg per package)

Norethindrone acetate tablets (not 1700.14(a) (10) (xvii)

more than 50 mg per package)

Medroxyprogesterone acetate tablets 1700.14(a) (10) (xix)
Drugs, iron containing PPPA = special packaging 1700.14(a) (12)
Dry-cleaning solvents HSA exemption from labeling 1500.83(a) (18)
Emberizing materials, arti- CPSA ban 1305

ficial containing asbestos
Epoxy resins HSA Jabel ing 1500.13(c)
Erythromycin ethylsuccinate, PPPA exemption from special 1700.14(a)(10) (iii)

suspension and granules for packaging

suspension

chewable tablets 1700.14(a) (10) (xvi)
Ethylenediamine HSA labeling 1500.13(c)

Ethylene glycol in felt pads HSA exemption from labeling 1500.83(a) (28)
special Jabeling 1500.14(b) (4)
Ethylene glycol HSA labeling 1500.

special packaging
1-7

1700.

14(a) (2) ,(b) (2)
14(a)(11)


March 9, 1990 the government filed a motion seeking a
modification of the Court's order to clarify that the
injunction is not rulemaking under the Administrative
Procedure Act. On May 8, 1990 the Court corrected the
wording of its earlier memorandum "to avoid confusion."

United States v. B. J. Alan Company, Inc. and Bruce Zoldan,
Civil Action No. 4:89 CV 1843 (N.D. Ohio). On September
25, 1989 the government filed a complaint and motion for
preliminary injunction against an importer of fireworks.
The firm moved for summary judgment on December 11, 1989.
Based on an agreement between the parties, the Court issued
a preliminary injunction on December 19, 1989. On January
10, 1990 the government filed a cross motion for summary
judgment and response to the firm's motion. On March 7,
1990 the Court entered a consent decree of permanent
injunction which requires the firm to test 15 samples of
every firework it imports.

United States v. South Carolina Distributors, Inc. and
Herbert Livingston, Civil Action No. 7-89 2281-3 (D.S.C.)
On September 12, 1989 the government filed a complaint and
motion for preliminary injunction against an importer of
fireworks. On December 29, 1989 the Court issued a
preliminary injunction against the firm. On March 12, 1990
the Court entered a consent decree of permanent injunction
which requires the firm to test 15 samples of every
firework it imports.

United States v. Winco Fireworks and David Collar, Civil
Action No. 89=2400-S (D. Kan.). On September 11, 1989 the
government filed a complaint and motion for preliminary
injunction against an importer of fireworks. On October 4,
1989 the firm filed an answer to the complaint. On March
6, 1990 the Court entered a consent decree of permanent
injunction which requires the firm to test 15 samples of
every firework it imports.

United States v. Stonebraker Rocky Mountain Fireworks Co.
and William Stonebraker, Civil Action No. 89-M-1555 (D.
Colo.). On September 12, 1989 the government filed a
complaint and motion for preliminary injunction against an
importer of fireworks. On November 28, 1989 the firm filed
a motion for summary judgment. On December 22, 1989 the
government filed a cross motion for summary judgment and a
response to the firm's motion. On April 2, 1990 the Court
entered a consent decree of permanent injunction which
requires the firm to test 15 samples of every firework it
imports.

G-4


14,

15.

16.

17.

18.

U.S. v. Beachcombers International, Inc. and Harry Chernin,
Civil Action No. 90-255-CIV-FTM-17D (M.D. Fla.). On August
20, 1990 the government filed a complaint and motion for
preliminary injunction against an importer of toys.
Status hearings were held on September 5 and 29, 1990.

U.S. v. Child World, Inc. and Dennis H. Barron, Civil
Action No. 1:90 CV 1486 (N.D. Ohio). On August 20, 1990
the government filed a complaint and motion for preliminary
injunction against an importer of toys.

U.S. v. Value Merchants, Ine. and Phillip Cohen, Civil
Action No. 90-C-0824 (E.D. Wis.). On August 20, 1990 the
government filed a complaint and motion for preliminary
injunction against an importer of toys. A telephone status
conference was held on August 30, 1990. Discovery began,
with a closing date of November 1, 1990. A preliminary
injunction hearing was scheduled for November 28, 1990.

U.S. v. Division Sales, Inc., Justen Products and Morton
Marks, Civil Action No. 90-C-4837 (N.D. Ill.). On August
20, 1990 the government filed a complaint and motion for
preliminary injunction against an importer of toys. A
status hearing was held on September 7, 1990.

U.S. v. Hanstai International, Inc. and James Ou, Civil
Action No. CV-90-4168 DWW (EX) (C.D. Cal.). On August 31,
1990 the government filed a complaint and motion for
preliminary injunction against an importer of bicycles.

SEIZURE

United States v. 52,823 Children's Dolls, More or Less,
Civil Action No. 89 Civ. 4643 (JFK) (S.D.N.Y.). On July 7,
1989, the government seized dolls that failed to comply
with the CPSC's small parts regulation. Etna Worldwide
Corp. and Etna Products Company, Inc. filed a claim for the
dolls on July 21, 1989, and moved to quash the warrant of
seizure and dismiss the case. Following a _ status
conference on July 28, 1989, both sides filed briefs on
issues raised by the motion. On November 13, 1989 the
Court denied Etna's motion, (1) affirming the CPSC's
authority to seize banned hazardous products under the
Federal Hazardous Substances Act and Supplemental Rule C of
the Federal Rules of Civil Procedure; (2) confirming that
the small parts regulation is self-executing; (3) upholding
CPSC's position that a manufacturer's label is not
dispositive on whether the regulation applies; (4) agreeing
with CPSC's position that an objective test applies to age
determinations; and (5) refusing Etna's request for a



© Provided technical support for new or revised
national consensus voluntary standards which were
approved covering: all-terrain vehicles, immersion~
detection circuit-mnterrupters, nitrosamine levels m

pacifiers, solid-fuel room heaters, fireplace stoves,
chain saws, high chairs, carriages and strollers,
chimney liners, and play yards.

HAZARD IDENTIFICATION, ASSESSMENT AND REDUCTION

The Commission issued advance notices of
proposed rulemaking (ANPRs) to address the choking
hazards presented to children under the age of three
by small parts from older children’s toys, balloons,
small balls, and marbles. Between 1980 and 1989, 146
children died from choking on toys or other children’s
articles. About 70 percent of these mcidents mvolved
balloons, small balls or marbles.

CPSC published a “Technical Information Guide
on Playground Surfacing’ to be used by operators
of playgrounds (school and park departments) and
others involved in the selection, installation and
manufacturing of playground safety materials. In
addition, CPSC produced and distributed a videotape
for local playground officials on how to correct
hazards associated with public playground equipment.
A contractor completed a report on the development
of human factors criteria for playground equipment
safety. This report will form the basis for CPSC’s new
handbook for playground equipment.

The Commission granted a petition requesting
initiation of rulemaking for crib toys which present
entanglement/strangulation hazards.

Under the Poison Prevention Packaging Act
(PPPA), the Commission proposed rules requiring
child-resistant packaging for two products that caused
death or permanent disability to young children who
accidentally ingested them: household glue removers
containing acetonitrile and permanent hair wave
neutralizers containing sodium bromate or potassium
bromate.

Under the PPPA, the Commussion also proposed
a tule revising test protocols to achieve a new
generation of child-resistant packaging that is more
“‘user-fnendly,”’ and therefore more effective in
preventing accidental ingestions of toxic substances.
The new packaging will encourage wider use of safety
closures, particularly by older adults.

In a 1986 study of accidental prescription drug
ingestions, conducted by poison control centers, 61
percent of all medications had no child-resistant barrier
at the time of ingestion. The Commission developed
and tested prototypes of a new and innovative

child-resistant package. Test results showed that the
package was highly child-resistant and that older adults
found the package easier to open.

In cooperation with the American Lung
Association, CPSC published a consumer publication
entitled Biological Pollutants In Your Home. In
conyunction with the American Lung Association and
the Environmental Protection Agency, the
Commission published another brochure on Asbestos
In Your Home. The Commussion also published an
Update on Formaldehyde and a safety alert on ‘‘Lead-
Based Paint In Your Home.’’ Through the
Commussion’s Regional Offices and the National
Environmental Health Association, approximately
3,500 ‘Indoor Air Quality” kits were distributed to
health departments throughout the nation.

The Commission gathered information about
labels and formulations of products containing
methylene chloride through a General Order to
product manufacturers, The agency also initiated work
on a consumer use survey to obtain new information
on consumer exposure to methylene chloride from
consumer products that bear the cancer warning and
instructions for use required by the Federal Hazardous
Substances Act. This information will assist the CPSC
in determining the degree to which cancer warnings
and use instructions are effective in reducing the 1987
estimate of 140 cancer deaths per year from the use
of methylene chloride products.

The Commission completed a study on the
presence of dioxins in paper products, particularly
disposable diapers, concluding that the nsk from these
chemicals in the amounts found was insignificant.

The Commission staff completed an investigation
and issued a report on carpet related health complamts
from 206 households involving 335 residents with
symptoms. About two-thirds of the complainants said
that their symptoms appeared immediately or within
a few days following the carpet installation. The
Commussion conducted the study as a pilot to
determime the feasibility of collectmg data of this type
and to categorize the reported complaints.


Date

Firm and Product

Alleged Hazard

Remedy

12/89

12/89

12/89

12/89

Black & Decker
Towson, MD

Sold in Puerto Rico
only
Hand-held Hair Dryers

Models:

Accent 27 I
Accent 40 I
Accent 50 I

CSC Consolidated
Stores
Columbus, OH

String-to-string Toyo
Christmas lights with
TP-6 connector

Rol-Fol
Table, Inc.
Van Nuys, CA

Folding Mobile
Tables, 50 inches or
higher when folded.

Hamilton Industries,
Inc. .
Two Rivers, WI

Folding Mobile
Tables, 50 inches or
higher when folded

May cause
electrocution if
dropped into water
due to lack of
immersion protection
for the switch in the
"off" position.

The exposed,
energized metal
contacts on some TP-6
connectors present an
electric shock or
electrocution hazard.

When children move or
play with folded
mobile tables, the
tables have the
potential to tip over
on them possibly
resulting in death.

When children move or
play with folded
mobile tables, the
tables have the
potential to tip over
on them possibly
resulting in death.

F-28

Consumers can
return their
units to the
Black and Decker
Center in Puerto
Rico for a full
refund of the
purchase price.

Toyo will
replace al]
string-to-string
sets with TP-6
connectors with
a new or
repaired set.

The firm joined

a program to
place permanent,
uniform, warning
Jabels on all
tables
distributed
through out the
country.

The firm joined
a program to
place permanent,
uniform, warning
labels on all
tables
distributed
through out the
country.


GOOD HOUSEKEEPING INSTITUTE

July 18 Chairman Jacqueline Jones-Smith & CPSC staff:
general CPSC matters

HAIGHT, BROWN, & BONESTEEL

September 13 OGC & EXPB: California Proposition 65
HALOGENATED SOLVENTS INDUSTRY ALLIANCE (HSIA)

September 13 OGC & EXPB: California Proposition 65
HARDWOOD PLYWOOD MANUFACTURERS ASSOCIATION (HPMA)

December 13 EXPB & other CPSC staff: staff comments on
voluntary standard; provisions relating to
formaldehyde emissions and labeling

January 18 EXPB, ES & other CPSC staff: proposed protocol
for additional product/test system evaluation

HARVARD UNIVERSITY SCHOOL OF PUBLIC HEALTH

March 21 OEX, EXPB, ES & EC: all-terrain vehicles
HASBRO, INC.

February 16 Commissioner Anne Graham: toy safety issues
HEMLEY CHEMICALS, INC.

February 22 EXPB: use of denatonium benzoate as a bittering
agent

HERSHEY FOODS CORPORATION

dune 25 Chairman Jacqueline Jones-Smith: general CPSC
issues
IIT
January 18 EXPB: indoor air quality

INDUSTRY-GOVERNMENT CONSUMER NIGHTWEAR APPAREL FLAMMABILITY ADVISORY COMMITTEE

March 20 EXPB & Fire Hazards Program Team: nightwear for
the elderly

C15


FEDERAL-STATE-LOCAL COOPERATIVE PROGRAM

Memorandum of Understanding (MOU)-Work Planning Agreements

It is the policy of the CPSC to initiate and enter into MOU’s with
agencies of State or local governments. Such cooperation creates a
partnership which extends overall consumer protection through more effective
use of the collective resources. Work planning creats an arrangement between

“CPSC and State or local agencies wherein both parties agree to share, at no

cost to the other party, the responsibility for certain product safety
activities. These agreements are usually with agencies having
responsibilities that are similar to CPSC's.

Work planning agreements have resulted in a free exchange of information
on inspectional activity, recalls, enforcement actions, and outreach programs.
It has provided cross-training and an increase in State expertise in product
safety.

State or
Commonwealth Department

Field Office Eastern Region

Connecticut Department of Consumer Protection
Delaware Department of Community Affairs
Board of Pharmacy

District of Department of Consumer and
Columbia Regulatory Affairs
Florida Department of Agriculture
and Consumer Services

Maine Division of Health Engineering
Maryland Department of Health & Mental Hygiene
Board of Pharmacy

Massachusetts Department of Public Health
Division of Food & Drugs

New Hampshire New Hampshire Safety Council
New Jersey Division of Consumer Affairs
New York Office of Attorney General
North Carolina Department of Labor

Board of Pharmacy

1-18


APPENDIX |

Index of Products
Regulated by CPSC


Date

Firm and Product

Alleged Hazard

Remedy

4/90

4/90

4/90

4/90

Raffoler, Ltd.
Westbury, NY

Spring action rowing
exerciser

Walter Le Productions
Sun Valley, CA

Glass Curio Cabinet
Models 1810, 1820, 1830

Landmark Imports,
Inc.
Memphis, TN

3-U Planter Floor
Lamp, Model 4088

Black & Decker (U.S.)
Inc.
Towson, MD

Spacemaker Plus Drip
Coffeemaker, Models
POC401 and POC402

Injury can occur from
the spring or from
the handle of the
exerciser.

The adhesive holding
the cabinet to the
wal] does not
function properly
allowing the cabinet
to fall to the floor.

The screws used to
attach the support
legs to the center
pole may be
sufficiently long to
penetrate or damage
the power supply
cord. An
electrocution hazard
could result.

The water reservoir
May not engage
properly, causing one
end of the heater
tube to overheat
during the brew
cycle.

F-35

Consumers are to
mail back the
spring and
handie grip for
a full purchase
price refund.

The firm
recalled the
cabinets
offering a
refund or
exchange to
consumers.

The firm
recalled the
lamp and issued
a press release
asking consumers
to return the
lamps to the
store where
purchased for a
refund.

Owners may
return their
recalled unit
for a
replacement unit
or a refund.
Owners may call
the Black &
Decker toll free
number 800-833-
3396 for recall
instructions.


MINNESOTA STATE RECREATION AND PARK ASSOCIATION

March 1

ES: annual conference - participation in a panel
discussion on playground equipment safety

MONTGOMERY COUNTY, MARYLAND, ASSOCIATION OF REALTORS ,

January 18

FO: strengthening residential swimming pool
fencing requirements in Montgomery County

MONTGOMERY COUNTY, MARYLAND, COUNCIL

May 31
June 11
duly 3
MOTOROLA, INC.
October 31

EXPB & Focus Team on Swimming Pool Barriers: Bill
990 on swimming pool barriers

EXPB: swimming pool barriers

EXPB: Council decision on swimming pool fence
bill

Acting Chairman Anne Graham/staff & OEX: to
discuss "quality"

NATIONAL ASSOCIATION OF ATTORNEYS GENERAL

May 8

Chairman Jacqueline Jones-Smith (speaker):
General Spring Consumer Protection Seminar

NATIONAL ASSOCIATION OF CONSUMER AGENCY ADMINISTRATORS (NACAA)

April 25

May 17
June 8

Chairman Jacqueline Jones-Smith: introductory
courtesy call and to discuss Joint Memorandum of
Understanding and cooperation on consumer issues
Public Hearing: Priorities for 1992

Chairman Jacqueline Jones-Smith: CPSC agenda,
goals and priorities

NATIONAL BURGLAR AND FIRE ALARM ASSOCIATION

August 7

EC, EXPB, HS, EP, OGC AND CA: use of door,
window, and house alarms and alarm systems as
barriers to children’s access to residential
swimming pools

NATIONAL COALITION TO PREVENT CHILDHOOD INJURY

February 9

OIPA: National Safe Kids Campaign 1990

C-18