The Food and Drug Administration would be empowered to order mandatory recalls of products deemed a risk to consumers under recommendations from an advisory commission created in response to concerns about recalls of dangerous toothpaste, dog food and toys.
Bush was to receive the recommendations Tuesday from the panel, which was established in July to study import safety. It was led by Health and Human Services Secretary Mike Leavitt.
The panel also will urge increasing the presence of U.S. inspectors from Customs, the Border Patrol, the Consumer Product Safety Commission and other agencies in countries that are major exporters to the United States, an administration official said Monday. The official spoke on condition of anonymity because the recommendations had not been released publicly.
The official said the proposals would strengthen CPSC's authority by making it illegal for companies to knowingly sell a recalled product; by authorizing the CPSC to issue follow-up recall announcements, and by requiring recalling companies to report supplier and delivery information. Further, CPSC would be able to impose asset forfeiture penalties for criminal offenses.
A third recommendation calls for establishing a certification program likened to a seal of approval for companies with a proven track record for meeting safety standards. The Bush administration sees that as a powerful tool because it presumably would make certified suppliers more attractive to big retailers.
In addition, regulators would be able to concentrate on countries and companies that don't have a reputation for meeting certification standards.
Another proposal calls for focusing resources on riskier products tires, for example.
The Food and Drug Administration, which is part of the Health and Human Services Department, oversees the regulation of medical devices and more than $1 trillion annually worth of food, drugs, cosmetics, animal feed and other products, which account for 25 cents of every dollar spent each year by Americans.
Currently, the FDA lacks the authority to order a recall of products when problems arise, but works with manufacturers on voluntary recalls. Often, the government gets a product recalled by warning the company it could face bad publicity if it does not withdraw the item. The new proposal would give the agency the authority to require a recall giving it far more clout. Congress would have to approve such a step.
The CPSC, which oversees the safety of consumer products, has come under fire in recent months amid a string of recalls involving lead in toys made in China. Consumer groups and members of Congress have criticized the agency and its head, Nancy Nord, for not acting more quickly to get the items off store shelves. Like the FDA, the CPSC works with industry to arrange voluntary recalls of hazardous products.
Leavitt has likened the finding of unsafe imports to finding the proverbial needle in a haystack.
