On September 11, 2007, the U.S. Consumer Product Safety Commission (“CPSC”) held its second biennial U.S.-Sino Consumer Product Safety Summit, featuring Acting CPSC Chairman Nancy Nord and Vice Minister Wei of China’s General Administration for Quality Supervision, Inspection, and Quarantine (“AQSIQ”).  The agency leaders discussed measures to address the recent problem of lead paint in toys imported from China, with panels of agency and industry representatives discussing steps manufacturers and importers should take to ensure compliance with safety standards.  Under the Summit Agreement, China has pledged to:

• increase inspections of products going to the U.S. market;
• enhance understanding of U.S. safety rules and regulations;
• participate in technical personnel exchanges;
• establish information about safety, recalls and trends; and
• take steps to help CPSC identify potentially unsafe products.

The CPSC panel identified five obligations of importers to ensure that products are safe for consumers:  1) safety consciousness, (2) specifications, (3) mandatory and voluntary testing, (4) market surveillance, and (5) reporting of products that may present a safety problem.  Importers were encouraged to conduct independent research and speak to industry experts to determine what standards apply to their products, as well as to keep abreast of emerging safety issues.  For a summary of the “Importer’s Responsibilities” as published on CPSC’s website, click here.

The CPSC “Recall Alert” system was cited as a good source of information about market and safety developments, providing a “heads up” on a particular product or manufacturer that may raise a safety concern.  For example, if Company A has recalled a particular imported product, Companies B and C that sell the same product imported from the same manufacturer should be reviewing available information to evaluate whether the product presents a potential safety issue.  All manufacturers, importers, retailers and distributors of consumer products should subscribe to CPSC’s email list for recall announcements and other safety developments.  To subscribe, click here and follow the prompts. 

The AQSIQ panel reported that the Chinese government has launched a series of comprehensive corrective actions designed to improve the safety of imported products, including:

• A newly launched export registration schedule for high-risk products;
• Mandatory registration for toy product paint suppliers;
• Increased frequency of batch testing for certain products;
• Increased rates of noncompliance enforcement actions; and
• Assessment of product performance prior to market release.

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