美国消费品安全委员会2010年3月2日宣布,Daiso美国控股公司、Daiso西雅图有限公司、Daiso 加利福尼亚有限公司因为进口儿童玩具等产品违反美国的法规和标准,经仲裁同意缴纳2百万美元的民事罚款,并被禁止进口任何儿童产品或玩具进入美国境内。由于Daiso公司违反美国消费品安全法规,该公司必须向美国消费品安全委员会证明已经充分了解和遵守了美国消费品安全标准和测试要求。
仲裁书指出Daiso公司进口儿童产品和玩具时违反了联邦油漆中铅和邻苯二甲酸盐的限量要求,以及该公司提供的三岁以下儿童使用的玩具含有易吞食的小部件,以及某些产品缺乏必备的警示标签,这些都违法了相应的联邦法律法规。
根据仲裁协议,Daiso公司只有达到协议的要求之后,才能恢复进口儿童产品,并且在此过程中,必须有第三方产品安全协调者协助建立一个全面的产品安全方案,从而审计产品的测试和检验方法,并建立遵守规定和定时汇报的机制。 CPSC(美国消费品安全委员会)认为针对Daiso公司的判决为整个行业树立新风,严格保护儿童安全方面起到了前所未有的震慑作用。
据悉,Daiso公司在美国的业务从2005年开始成立,曾经有产品在海关抽检显示不符合相关法规的要求,CPSC给Daiso发过建议信,有些违规发生在《美国消费品安全促进法案》生效之前。自2008年《美国消费品安全促进法案》生效,降低了儿童产品含铅和邻苯二甲酸盐限量允许值,并且提高了违规企业的罚款。从2009年8月14日开始,儿童玩具或其他产品油漆或表明涂层的铅含量必须少于90ppm(2009年2月10日前,这个标准是600ppm),邻苯二甲酸盐限量允许值是必须少于1000ppm.
(陈琼 编译)
FOR IMMEDIATE RELEASE March 2, 2010 Release #10-151 |
CPSC Recall Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908
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Daiso To Pay $2 Million Civil Penalty for Violations of Federal Safety Laws and Must Stop Importing Children’s Products and Toys Into U.S.
WASHINGTON, D.C.- The U.S. Consumer Product Safety Commission (CPSC) announced today that Daiso Holding USA Inc., Daiso Seattle LLC, of Seattle, Wash. and Daiso California LLC, of Hayward, Calif. have agreed to pay a $2.05 million civil penalty and stop importing children’s products and toys into the United States. Due to alleged violations of federal safety laws, the company must now demonstrate to the Commission that it has sufficient knowledge of and is in compliance with CPSC safety standards and testing requirements.
The consent decree (pdf) resolves CPSC staff allegations that the company violated federal laws and regulations involving the safety of children’s toys and other products. These violations include, but are not limited to, importing, distributing and selling toys with illegal levels of lead content, illegal levels of lead paint and phthalates, small parts on toys intended for children younger than three years old, and products that lack required warning labels
The decree prohibits Daiso from importing or entering into commerce in the United States, directly or indirectly, any toy or other children’s product until it meets the requirements in the consent decree. Further, Daiso must retain an independent product safety coordinator to assist in the creation of a comprehensive product safety program, conduct a product audit of merchandise to determine testing and certification requirements and develop and establish procedures for compliance and reporting.
"This landmark agreement for an injunction sets a precedent for any firm attempting to distribute hazardous products to our nation’s children" said CPSC Chairman Inez Tenenbaum. "We are committed to the safety of children’s products and we will use the full force of our enforcement powers to prevent the sale of harmful products."
"Companies that manufacture and distribute toys should be put on notice by the government’s action today," said Tony West, Assistant Attorney General for the Justice Department’s Civil Division. "We will not tolerate our children being exposed to products that can cause serious injury or worse, and will do everything in our power to prevent these companies from operating until they comply with federal safety laws."
Upon completion of the requirements described in the injunction, the firm has agreed to be further restrained and enjoined from directly or indirectly importing or distributing children’s toys or products that violate any laws, standards, or bans enforced by the CPSC.
"This consent decree is an agreement by Daiso to follow best industry practices. It serves as a declaration that the company will become more knowledgeable of regulations and comply with those requirements, which are intended to keep children safe," added Chairman Tenenbaum.
The firm, which has conducted business in the U.S. since 2005, had been previously issued Letters of Advice from CPSC after examinations at ports and inspections turned up violations. Many of the violations occurred prior to the enactment of the Consumer Product Safety Improvement Act (CPSIA), which reduced allowable limits of lead and phthalates and increased the Commission’s ability to seek higher penalties.
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