Every week, 2,000 - 3,000 Second District residents write to me about the issues pending before Congress, and I work hard to respond to each person as promptly and thoughtfully as possible.  On this "Letter of the Week" blog, I highlight constituent letters that are of general interest.  If you'd like to share your own views, please feel free to e-mail me at any time!

Dear Nancy,

The recent flood of unsafe Chinese imports into the U.S.--contaminated
pet food, lead-laden toys, hazardous tires, contaminated seafood, and
unsafe electrical items--clearly shows that we are not stopping unsafe
products at our borders.

It's time to pass legislation to hold manufacturers, importers and
retailers to a higher standard and effectively enforce that standard.

The U.S. limited the lead in paint in 1978--yet millions of
lead-painted toys have been recalled in just the past three months.
Last year, a child died after swallowing a small lead trinket.
Although we know that lead is very toxic, the U.S. does not currently
ban lead in all toys. How many more such items may still be sitting in
stores around the country with nothing to warn a parent of the danger?

Today's testing and inspection programs for products aren't working.
We need higher standards and more enforcement to ensure the safety of
our products. If importers, distributors, and retailers were held
accountable for product safety, the nature of the way they do business
would change dramatically.

U.S. imports from foreign countries nearly doubled since 2000, while
the funding for food and product inspection agencies went down or
stayed the same. Compared to when it opened its doors in 1973, today's
Consumer Product Safety Commission (CPSC) is half its original size in
both staff and resources. With so little enforcement, companies
that want to risk importing shoddy, unsafe products know they may well
get away with it. We can do better.

Please help restore my confidence in the safety of the items in my
cart.

- Cherie from Topeka, KS

Dear Cherie,

There have been a lot of news stories about recalls and safety inspections that are less than rigorous.  From Aqua Dots with the “date rape drug” to lead-coated toys – a lot of folks are worried.  Most of the recalls have come from imports.  This should have been caught before products reached American homes. 

Parents shouldn’t be the only ones shouldered with making sure their kids’ products are safe.  Congress shares that responsibility.  We must be vigilant to make sure that there aren't toys out there that could harm our children's physical and mental development.  We also have agencies created to keep us safe like the Consumer Product Safety Commission (CPSC).  While they have provided helpful information, it’s clear that they aren’t able to keep up. 

Here are some of the steps I’m taking to make sure that as many of us approach the shopping season, we get chose from safe products.

ENSURING CHILDREN’S SAFETY

Banning Lead in Children’s Toys.  Most folks know that lead can cause serious health problems, especially in children.  As a mother, I know that kids are constantly putting toys and fingers in their mouths, which means they're exposed to lead even more than adults.  I am a cosponsor of two bills that require lead to be banned from children’s toys – the Safety Reassurance for Every (SAFE) Consumer Product Act (H.R. 3691) and the Consumer Product Safety Modernization Act (H.R. 4040).

Implementing Rigorous Standards.  While it would be nice to trust that the products companies put on the market have met the highest standards of safety, it’s becoming clear that is just not the case.  Both H.R 3961 and H.R. 4040 expand testing standards by requiring an independent third party to inspect all children’s products.  H.R. 4040 also requires tracking labels on both the package and the product so that parents can easily and quickly tell if that toy is the one being recalled.

Enforcing Safety Requirements.  Manufacturers who endanger or harm our children need more than just a warning.  H.R 3961 and H.R. 4040 increase civil and criminal penalties for producers that violate safety requirements.  The Product Safety Civil Penalties Improvement Act (H.R. 2474) increases the civil penalties that the Consumer Product Safety Commission can levy.  This legislation passed the House in October, with my support, and is waiting for the Senate to take action. 

Developing New Safety Standards.  Since I took office, the House of Representatives has passed new safety standards for children’s products and is working on more.  I was a cosponsor of the Children’s Gasoline Burn Prevention Act (H.R. 814), which passed on October 9, 2007, and requires manufacturers of portable gasoline containers to make them with child-resistant caps.  I voted for the Danny Keysar Child Product Safety Notification Act (H.R. 1699) which also passed on October 9, 2007.  This bill requires that manufacturers of nursery products provide postage-paid, privacy protected registration cards so that they can quickly and directly notify parents in the event of a recall.  I am also a cosponsor of the Cameron Gulbransen Kids and Cars Safety Act (H.R. 1216) which, if passed, will require that any new cars manufactured with power windows come equipped with sensors that automatically reverse when they sense an obstruction, like a child’s hands or fingers.

STRENGTHENING “WATCHDOG” AGENCIES

Funding: One of the problems is that the CPSC does not receive the resources it needs.   Last year the CPSC received about $62.7 million.  This year I voted to increase funding for the CPSC by $4.1 million, which is more than the President requested, so that the CPSC can hire more inspectors and prosecutors.

Responsibilities: Congress should also strengthen the authority and mandate of the CPSC – The Safety Reassurance for Every (SAFE) Consumer Product Act (H.R. 3691), of which I am a cosponsor, will do that.  It enhances CPSC recall and inspection authority; expedites recall disclosure to the public; advocates that the President fill Commission vacancies; and provides additional resources to the CPSC.

Administration: I have been deeply disturbed that the Chairwoman of the CPSC, Nancy Nord, has stated openly that she does not support efforts to increase the authority or the budget of the CPSC.  Further, reports that Chairwoman Nord has taken numerous trips paid for by toy industries make me question where her loyalty is.  I have joined with my colleagues in a resolution stating that we have lost confidence in Chairwoman Nord and asking the President to nominate a new Chair.

Thank you again for taking the time to share your views on this topic.  This correspondence primarily covers children’s products, but I plan to update you soon with more information about food and drug safety.  Please don’t hesitate to visit my website for more information – I’ve created a “Tips for Toy Safety” that I hope you’ll find helpful.

Sincerely,

Nancy Boyda
Member of Congress