CPSC entering legal limbo; agency can still do recalls

This weekend marks six months since the U.S. Consumer Product Safety Commission began working with only two commissioners, following Chairman Hal Stratton's resignation in July. Under the law, the CPSC can only operate without a quorum for six months. After that, its activities are limited. Until a new chairman is confirmed, the agency cannot vote on new safety standards or take further action on civil penalties against firms that have failed to report defective or hazardous products.      

Agency spokeswoman Julie Vallese says the CPSC won’t come to a complete standstill. The agency can still recall unsafe products and the staff can continue working on briefing papers for a number of safety rules. “For much of the agency, it will be business as usual,” Vallese said. “Information will still go out to public about emerging hazards and problems, compliance work will still be conducted” that could lead to recalls, and “research and investigations will still continue."   

In the last few weeks, the commission has hastened to complete a number of actions — including approving a new warning label for generators — before its powers were curbed by the no-quorum rule.  Nonetheless, a number of important safety rules are now in limbo until there are enough commissioners for a vote. These include rules to restrict lead content in children’s jewelry, new safety standards to reduce fire hazards from upholstered furniture, and proposals to redesign portable generators to reduce carbon monoxide poisoning. The commission will also be limited in taking actions that could make all-terrain vehicles safer.   

It is unclear how long the agency will remain in this legal limbo. Rumors abound in Washington that President Bush has a candidate in mind: Michael E. Baroody, the executive vice president of the National Association of Manufacturers, who oversees the organization's advocacy efforts. But no name has been officially sent to the Senate. And now that the Senate is in Democratic hands, the CPSC nominee — no matter who it is — could be a provocative one. So watch this space.