What is the CPSIA? » attorney general http://www.whatisthecpsia.com Explaining the Facts and Dispelling the Myths about the CPSIA Sat, 26 Feb 2011 06:22:14 +0000 http://wordpress.org/?v=2.8.1 en hourly 1 I heard that state AGs have power to enforce the law. What does that mean? http://www.whatisthecpsia.com/cpsia-basics/i-heard-that-state-ags-have-power-to-enforce-the-law-what-does-that-mean http://www.whatisthecpsia.com/cpsia-basics/i-heard-that-state-ags-have-power-to-enforce-the-law-what-does-that-mean#comments Tue, 11 Aug 2009 21:32:07 +0000 wackyhermit http://www.whatisthecpsia.com/?p=223 Each state has an Attorney General who is responsible for prosecuting crimes in their state.  Prior to CPSIA, only the federal government could prosecute someone who violated product safety standards.  Under CPSIA, this changes.  All state Attorneys General now have the power to take manufacturers to court for violating CPSIA.

What makes this problematic is that the state AGs are not bound by any decisions of CPSC.  So if, for example, CPSC decides that they are not going to enforce CPSIA against bicycles until 2011, this does not stop the 51 state AGs (Washington DC has one too) from going after a company that makes bicycles.  Many state AGs are busy prosecuting violent crimes and will abide by whatever decisions CPSC makes, but some state AGs have made clear that they intend to fully enforce CPSIA regardless of CPSC’s enforcement stays.  This makes it difficult for businesses to operate across state lines, and makes CPSC’s stays of enforcement practically useless.

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