The Consumer Products Safety Commission (CPSC) has drafted and approved its final rule on the factors that will be considered when seeking civil penalties relating to three consumer goods related acts; including the Consumer Product Safety Act (CPSA).
Section 217 of the Consumer Product Safety Improvement Act (CPSIA) (often referred to in this XRF-Blog) amended the criteria the CPSC must consider when determining the penalty amount for violations of CPSA and other acts. The maximum penalty for violations was also increased to $100,000.
The release from the CPSC can be read in full here. One of the factors that, in our opinion, is an important one to note is “the appropriateness of the penalty in relation to the size of the business or of the person charged, including how to mitigate undue adverse economic impacts on small businesses“. While it is not stated what factors are considered when considering a businesses size (annual sales, net work, number of employees, etc?), this is good news for a number of businesses that have major concerns on how CPSIA will affect them…although a penalty for violation is still a penalty.
The increased penalties, however, are another reason that organizations (especially larger product importers, manufacturers and distributors) should consider adding in-house screening of products for CPSIA compliance. While third party testing is required and will often provide reliable results; there is no substitute for the protection that in-house testing for hazardous substances provides. XRF Analyzers from QSX Instruments can provide assurance that third party testing is correct and help minimize your risk for violations (and the penalties that come with).