Product Recall Regulations

Retail Council position

Support expansion of federal Consumer Product Safety Commission and give to the CPSC the power to require the recall of consumer products deemed harmful or defective; support expansion of the CPSC authority and staff; support creation of federal standards for toy safety that are uniform, consistent, and national in scope with a national enforcement mechanism.  Oppose state-specific standards that would place undue and unwarranted burdens on the retail industry.

Legislative action

The Retail Council of New York State did not oppose a Senate- and Assembly-approved measure from 2007 that would have created state-specific standards for the manufacture, lead content, and sale of jewelry products intended for use by children (A.8077, Koon / S.5784, Alesi).  Governor Spitzer vetoed this legislation in August of 2007 (Veto #140).

The Retail Council opposes legislation introduced in 2007 that would require retailers to post certain signs with language designed to frighten and alarm consumers rather than provide useful and specific information (A.8440, Fields / S.5105, Fuschillo).

The Retail Council took no position on the following:

A.6865 (Fields)/ S.2220 (Klein) would establish guidelines and definitions for ‘safe’ children’s products and would prohibit ‘unsafe’ items from being sold in New York State or used in daycare facilities.

S.6463 (DeFrancsico)/ A.9452 (Fields) would require the Consumer Protection Board to submit to the legislature a study on ‘dangerous toxin levels’ in certain consumer products.

Neither of the measures passed the Assembly, nor the Senate, during the 2007 legislative session.

At a glance

• The implementation and verification of product safety protocols should remain the role of the private sector, partnering with a government that provides clear, uniform, and national guidelines so that manufacturers can better issue detailed specifications to their suppliers and enforce those specifications with tests, inspections, and follow-up.
• Retailers have enhanced product testing and verification of safety compliance for all toys and have reviewed and strengthened internal policies and procedures for product testing, supplier compliance, and sanctions for non-compliant suppliers and manufacturers.
• Retailers require suppliers and manufacturers to understand and adhere to United States government standards and regulations for toys and other products, with many retailers’ specifications actually exceeding federal standards.
• Retailers require suppliers and manufacturers to maintain and document production processes that conform to safety standards beginning at the design phase and continuing through the completion of the finished product.
• When a product is subject to a recall recommended by the CPSC or other agency (or manufacturer), the retailer works to immediately remove the product from the shelves and the distribution chain, then properly dispose of them so they are not resold.  Retailers proactively monitor and research recalls and regulatory agency alerts to keep apprised of product safety issues, with some retailers dedicating entire departments solely to this effort.
• Retailers consistently review, from top to bottom, their recall and product safety standards.  Simply put, no retailer wants to sell a product that will harm the customer.