Public alarm about the spate of product recalls during 2007, particularly of toys and other products used by children, has focused attention on the Consumer Product Safety Commission (CPSC). P.L. 110-314 , 122 Stat. 3016 (2008), the Consumer Product Safety Improvement Act of 2008 (CPSIA), was enacted as a result of Congress's consideration of major reform legislation to address organizational and systemic deficiencies, as well as specific consumer product defects and hazards. This report provides an overview of the prior authority of the CPSC to establish consumer product safety standards and to inspect, recall, and restrict importation of unsafe consumer products, and summarizes changes made by the CPSIA to reform the CPSC and strengthen enforcement of consumer product safety standards. The Consumer Product Safety Act (CPSA, 15 U.S.C. §§2051 et seq.) established and authorized the CPSC in 1972 in response to growing concerns about protecting the public from unsafe, defective consumer products. However, in the years since its establishment, the staff and resources of the CPSC have been considerably reduced to the detriment of its ability to fulfill its mission effectively. Aside from the issue of adequacy of resources, the highly publicized recalls of children's toys in 2007 focused attention on alleged weaknesses in the CPSA and the authority of the CPSC to establish consumer product safety standards and to inspect, recall domestically, and block imports of unsafe consumer products. The CPSC is the central, federal authority for the promotion and enforcement of consumer product safety. The system is designed to be a collaborative effort among the CPSC, the industries producing the broad range of consumer products, and the consuming public. The CPSC researches and promotes best practices for the industries, producing guidelines for manufacturers, importers, distributors and retailers. Although the CPSA authorizes the CPSC to promulgate mandatory consumer product safety standards, it mandates reliance upon voluntary standards whenever compliance with voluntary standards would eliminate or adequately reduce the risk of injury and substantial compliance with voluntary standards is likely. Besides the CPSA, the CPSC also administers several other statutes whose authorities and functions were transferred to the CPSC upon its creation. The Federal Hazardous Substances Act (FHSA, 15 U.S.C. §§1261 et seq.) provides for warning/informational labeling of hazardous substances and for the banning of certain hazardous substances for which labeling would not provide adequate protection for the public against the potential hazards posed by the substances. The Flammable Fabrics Act (FFA, 15 U.S.C. §§1191 et seq.) provides for the establishment of safety standards regarding fabric flammability. It also prohibits the manufacture, sale, importation, transportation, or delivery in commerce of a product, fabric, or related material or of a product made of a fabric or related material that does not comply with the standards and deems that such practices constitute unfair methods of competition and unfair and deceptive acts or practices under the Federal Trade Commission Act. The Poison Prevention Packaging Act (PPPA, 15 U.S.C. §§1471 et seq.) authorizes the CPSC to establish special packaging standards for a household substance if such standards are required to protect children from serious injury or illness from using, handling or ingesting such substance, with exceptions for noncomplying packages for elderly/handicapped persons and packaging at the direction of a licensed medical practitioner. The Refrigerator Safety Act (RSA,15 U.S.C. §§1211) prohibits the introduction into interstate commerce of any household refrigerator that does not conform with certain safety standards. Prior to amendment by the CPSIA, some of these statutes provided for powers that were similar but not identical to those established under the CPSA. Therefore, the regulatory procedures and other actions which the CPSC is authorized to carry out with regard to the products regulated under these other statutes differed (and may still differ in some respects) from those authorized under the CPSA. Before the CPSIA, the CPSC could choose to regulate under the CPSA a consumer product that could be regulated sufficiently under these other statutes only if the CPSC determined that it was in the public interest to do so. The differences among the different statutory standards and procedures and enforcement authority arguably led to inconsistency in the enforcement of different product standards. For example, injunctive enforcement authority for states attorneys general is expressly provided by the FHSA and the FFA, but was not expressly provided by the CPSA before amendment by the CPSIA. The apparent ambiguity of the CPSA on this point led to amendments in the CPSIA to provide express authority. The CPSC has the authority to establish consumer product safety standards for consumer products generally, defined as "any article or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise." There are express exemptions for products covered under other statutes, including tobacco and tobacco products, motor vehicles and motor vehicle equipment, pesticides, firearms/antique firearms and ammunition/supplies (except for fireworks), aircraft and components, boats and other marine vessels, drugs, medical devices, cosmetics, food, or any article which is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer. The CPSC also has jurisdiction over amusement rides that are not permanently fixed to a site but rather are part of a travelling carnival or show, but does not have jurisdiction over rides that are permanently fixed to a particular site. Furthermore, the CPSC has no jurisdiction to regulate a particular consumer product if the risk of injury associated with that product could be eliminated or sufficiently reduced by actions taken under the Occupational Safety and Health Act of 1970 (Occupational Safety and Health Administration), under the Atomic Energy Act of 1954 (the Energy Research and Development Administration [now Department of Energy] and the Nuclear Regulatory Commission), or under the Clean Air Act (the Environmental Protection Agency). The CPSC has no authority to regulate any risk of injury associated with electronic product radiation emitted from an electronic product if such risk may be regulated under the Public Health Act (the Food and Drug Administration). Manufacturers, distributors, retailers, and importers are obligated to report consumer product safety problems to the CPSC, which may order a recall or import ban. The CPSA provides the general authority of the CPSC over inspections, recalls and import bans for consumer products generally, with the exceptions noted above, unless other statutes provide other agencies with authority over specific products. Although some of the other statutes enforced by the CPSC contain provisions specifically addressing notice/recall, import bans, and other remedies similar to those contained in the CPSA, not all do. The CPSC is authorized to inspect domestic facilities where a consumer product is manufactured and the conveyances by which it is transported and which may be relevant to the safety of such product. It is unlawful for a person to fail or refuse to permit inspection as required under the CPSA. For purposes of the CPSA, including inspection and testing, the CPSC may purchase any consumer product and it may require any manufacturer, distributor, or retailer of a consumer product to sell the product to the CPSC at cost. The CPSC is authorized to establish and maintain a permanent product surveillance program, in cooperation with other appropriate Federal agencies, for the purpose of carrying out the CPSC's responsibilities under the CPSA and the other Acts it administers and preventing the entry of unsafe consumer products into the United States. The U.S. Customs and Border Protection (CBP) is authorized to obtain and deliver samples of consumer products being offered for importation to the CPSC, upon its request, for the purpose of inspecting such samples for compliance with the CPSA. Similarly, under FHSA § 14 (15 U.S.C. § 1273), the CBP is authorized to obtain and deliver samples of hazardous substances being imported or offered for importation to the CPSC, upon its request, for the purpose of inspecting such samples for compliance with the FHSA. Under CPSA §19, it has been unlawful, among other things, to manufacture, sell, distribute in commerce, or import into the United States any consumer product which does not comply with an applicable consumer product safety standard or which has been declared a banned hazardous product by a rule under the CPSA. Other consumer-product-related statutes contain similar provisions concerning prohibited or unlawful acts. The CPSIA has expanded the scope of prohibited acts. Under CPSA §15, every manufacturer (defined to include importers), distributor, or retailer of a consumer product distributed in commerce who obtains information reasonably supporting the conclusion that such product (1) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard; (2) contains a defect which could create a substantial product hazard; or (3) creates an unreasonable risk of serious injury or death, shall immediately inform the CPSC, unless such manufacturer, distributor, or retailer has actual knowledge that the CPSC has been adequately informed of such defect, failure to comply, or risk.