CPSC Announces Civil Penalty for Small Trading Company to Settle "Small Parts" Allegations
The Consumer Product Safety Commission has issued a notice of its provisional acceptance of a settlement agreement and an order containing a civil penalty against TGH International Trading, Inc. for allegedly violating the Federal Hazardous Substances Act (FHSA).
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Any interested person may ask CPSC not to accept this agreement or otherwise comment on their contents by filing a written request with the Office of the Secretary by September 21, 2009.
TGH Agrees to Pay $31,500 to Settle "Small Parts" Allegations
CPSC has entered into a provisionally accepted settlement agreement with TGH International, and has issued an order imposing a civil penalty of $31,500 to settle allegations that the company knowingly imported, distributed, and sold toys that did not meet the "small parts" requirements of the FHSA.
(TGH imported more than 11,000 toys into the U.S. between March 2005 and June 2006. The toys failed to comply with CPSC's Small Parts Regulation (16 CFR Part 1501), in that when tested under the "use and abuse" test methods one or more parts of each tested toy separated and one or more of the separated parts from each of the toys fit completely within the small parts test cylinder. Because the separated parts fit completely within the test cylinder, each of the toys identified presents a "mechanical hazard" within the meaning of section 2(s) of the FHSA, and poses a choking, aspiration and/or ingestion risk. Each of the toys is a "hazardous substance" and is a "banned hazardous substance" pursuant to the FHSA and 16 CFR 1500.18(a)(9).)
CPSC is not aware of any incidents or injuries involving toys that were distributed into commerce.)
CPSC Chairman Says CPSC Will Not Ignore Violations by Small Businesses
According to the press release on the settlement agreement and order, CPSC Chairman Tenenbaum stated, "CPSC's new authority to seek higher civil penalties does not mean we will ignore serious violations by small businesses."
(See ITT's Online Archives or 08/19/09 news, 09081999 4, for previous BP summary.)
CPSC contact - Belinda Bell (301) 504-7592
CPSC FR notice (D/N 09-C0032, FR Pub 09/04/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-21385.pdf
CPSC press release (dated 08/17/09) available at http://www.cpsc.gov/cpscpub/prerel/prhtml09/09307.html