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Convergence of Convergence of Regulatory Regulatory Requirements Requirements David H. Baker David H. Baker General Counsel General Counsel U.S. Lighter Association U.S. Lighter Association ICPHSO – 4 ICPHSO – 4 th th European Meeting European Meeting November 18, 2008 November 18, 2008 Brussels, Belgium Brussels, Belgium

Convergence of Regulatory Requirements

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Convergence of Regulatory Requirements. David H. Baker General Counsel U.S. Lighter Association ICPHSO – 4 th European Meeting November 18, 2008 Brussels, Belgium. Is Lighter Regulation a Model for Convergence?. l. General Safety Regulation - PowerPoint PPT Presentation

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Page 1: Convergence of Regulatory Requirements

Convergence of Regulatory Convergence of Regulatory RequirementsRequirements

David H. BakerDavid H. BakerGeneral CounselGeneral Counsel

U.S. Lighter AssociationU.S. Lighter Association

ICPHSO – 4ICPHSO – 4thth European Meeting European MeetingNovember 18, 2008November 18, 2008Brussels, BelgiumBrussels, Belgium

Page 2: Convergence of Regulatory Requirements

Is Lighter Regulation a Model for Is Lighter Regulation a Model for Convergence?Convergence?

General Safety RegulationGeneral Safety Regulation ASTM F400-75, Safety Specification ASTM F400-75, Safety Specification

for Lighters, adopted as voluntary for Lighters, adopted as voluntary standard in US in 1975.standard in US in 1975.

Adopted as law by Canada in 1989. Adopted as law by Canada in 1989. SOR/89-514, P.C. 1989-2151.SOR/89-514, P.C. 1989-2151.

Adopted as law by Mexico in 1994. Adopted as law by Mexico in 1994. NOM-090-SCFI-1994.NOM-090-SCFI-1994.

Page 3: Convergence of Regulatory Requirements

General Safety Regulation General Safety Regulation (continued)(continued)

ASTM Standard Requires:ASTM Standard Requires: Elevated temperature/bake test to Elevated temperature/bake test to

determine if lighter leaks gas.determine if lighter leaks gas. Volumetric fill test to determine if Volumetric fill test to determine if

lighter is overfilled.lighter is overfilled. Drop test for durability, safety.Drop test for durability, safety. Flame height test for user safety.Flame height test for user safety.

Page 4: Convergence of Regulatory Requirements

General Safety Regulation General Safety Regulation (continued)(continued)

Rulemaking to make ASTM F400 a Rulemaking to make ASTM F400 a mandatory standard initiated before mandatory standard initiated before U.S. Consumer Product Safety U.S. Consumer Product Safety Commission in November 2001.Commission in November 2001.

Advance Notice of Proposed Advance Notice of Proposed Rulemaking issued in April 2005.Rulemaking issued in April 2005.

Stalemate at agency.Stalemate at agency. Attempt to “rely” on voluntary Attempt to “rely” on voluntary

standard is unsuccessfulstandard is unsuccessful

Page 5: Convergence of Regulatory Requirements

General Safety RegulationGeneral Safety Regulation(continued)(continued)

Language in House Report to Consumer Language in House Report to Consumer Product Safety Improvements Act (CPSIA), Product Safety Improvements Act (CPSIA), H.R. 4040, directing CPSC to issue final H.R. 4040, directing CPSC to issue final rule in rulemaking. H. Rep. 110-501rule in rulemaking. H. Rep. 110-501

Provision in S. 2663, Senate version of Provision in S. 2663, Senate version of CPSIA, directing that lighter safety CPSIA, directing that lighter safety regulations be issued within 24 months of regulations be issued within 24 months of enactment of CPSIA. Section 33 of S. enactment of CPSIA. Section 33 of S. 2663.2663.

Page 6: Convergence of Regulatory Requirements

General Safety Regulation General Safety Regulation (continued)(continued)

ISO 9994-1995 established in ISO TC ISO 9994-1995 established in ISO TC 61/WG 1.61/WG 1.

Entitled: Lighters – Safety Entitled: Lighters – Safety Specification.Specification.

Virtually identical to ASTM F400.Virtually identical to ASTM F400. Applicable in approximately 157 Applicable in approximately 157

member countries.member countries. Mandatory in many countries; Mandatory in many countries;

voluntary in some.voluntary in some.

Page 7: Convergence of Regulatory Requirements

General Safety Regulation General Safety Regulation (continued)(continued)

ISO 9994:2002 adopted by European ISO 9994:2002 adopted by European Union in 2004 by publication in Union in 2004 by publication in Official Journal of the European Official Journal of the European Community. 2004/C 100/04.Community. 2004/C 100/04.

ISO 9994:2005 adopted by European ISO 9994:2005 adopted by European Union in 2006. 2006/C 171/04.Union in 2006. 2006/C 171/04.

Page 8: Convergence of Regulatory Requirements

Child Resistancy RegulationChild Resistancy Regulation

CPSC Mandatory Standard for Child CPSC Mandatory Standard for Child Resistancy of Cigarette Lighters.Resistancy of Cigarette Lighters.

16 CFR Part 1210 (1993)16 CFR Part 1210 (1993) Effective July 12,1994.Effective July 12,1994. Adopted in Canada in 1995.Adopted in Canada in 1995. Adopted in Australia in 1997.Adopted in Australia in 1997. Adopted in New Zealand in 1998.Adopted in New Zealand in 1998.

Page 9: Convergence of Regulatory Requirements

Child Resistany Regulation Child Resistany Regulation (continued)(continued)

Similar requirement adopted in Similar requirement adopted in European Union in 2006.European Union in 2006.

EU Directive 2006/502/EC.EU Directive 2006/502/EC. Effective March 11, 2008.Effective March 11, 2008. Transposed into law in many Transposed into law in many

member states.member states.

Page 10: Convergence of Regulatory Requirements

Novelty Lighter RegulationNovelty Lighter Regulation

CPSC adopted child resistancy CPSC adopted child resistancy regulation for novelty lighters.regulation for novelty lighters.

16 CFR Part 1210.2(d)16 CFR Part 1210.2(d) Effective July 12, 1994.Effective July 12, 1994. Very broad definition.Very broad definition.

Page 11: Convergence of Regulatory Requirements

Novelty Lighter Regulation Novelty Lighter Regulation (continued)(continued)

EU Directive Banning Novelty EU Directive Banning Novelty Lighters – May 11, 2006Lighters – May 11, 2006

Directive 2006/502/ECDirective 2006/502/EC Effective March 11, 2007.Effective March 11, 2007. Novelty Lighter Definition from EN Novelty Lighter Definition from EN

13869:200213869:2002

Page 12: Convergence of Regulatory Requirements

Novelty Lighter Regulation Novelty Lighter Regulation (continued)(continued)

Defined as “…flame-producing Defined as “…flame-producing product…that resembles by any product…that resembles by any means to another object commonly means to another object commonly recognised as appealing to or recognised as appealing to or intended for use by childrenintended for use by children

Purposely excludes lighters that are Purposely excludes lighters that are only “printed or decorated with only “printed or decorated with logos, labels, decal artwork or heat logos, labels, decal artwork or heat shrinkable sleeves.”shrinkable sleeves.”

Page 13: Convergence of Regulatory Requirements

Novelty Lighter Regulation Novelty Lighter Regulation (continued)(continued)

State bills introduced in U.S. banning State bills introduced in U.S. banning novelty lighters.novelty lighters.

Laws passed in Maine (LD 2081, Item Laws passed in Maine (LD 2081, Item 1)) and Tennessee (H.B. No. 3107)1)) and Tennessee (H.B. No. 3107)

Laws ban lighters that are toylike.Laws ban lighters that are toylike. Again purposely does not include Again purposely does not include

lighters with artwork.lighters with artwork.

Page 14: Convergence of Regulatory Requirements

Novelty Lighter RegulationNovelty Lighter Regulation(continued)(continued)

U.S. Federal Legislative Proposals to U.S. Federal Legislative Proposals to ban novelty lighters.ban novelty lighters.

S. 3375 introduced by Senators S. 3375 introduced by Senators Wyden, Dodd and Collins on July 31, Wyden, Dodd and Collins on July 31, 20082008

H.R. 6488 introduced by H.R. 6488 introduced by Congresswoman Hooley on July 14, Congresswoman Hooley on July 14, 2008.2008.

Page 15: Convergence of Regulatory Requirements

Novelty Lighter RegulationNovelty Lighter Regulation(continued)(continued)

Senate bill more likely vehicle.Senate bill more likely vehicle. Has more support; Also Ms. Hooley Has more support; Also Ms. Hooley

retires this session.retires this session. Defines novelty lighters as “…Defines novelty lighters as “…

device…that has a toy-like device…that has a toy-like appearance…” or “…takes toy-like appearance…” or “…takes toy-like physical forms…” Section 3 of S. physical forms…” Section 3 of S. 3375.3375.

Excludes lighters with artwork.Excludes lighters with artwork.

Page 16: Convergence of Regulatory Requirements

ConclusionsConclusions

Convergence on general safety Convergence on general safety regulation, in most countries, except regulation, in most countries, except the United States.the United States.

Convergence on child resistancy Convergence on child resistancy regulation (started in US).regulation (started in US).

Convergence on banning novelty Convergence on banning novelty lighters in EU (US currently only lighters in EU (US currently only requires child resistancy for novelty requires child resistancy for novelty lighters).lighters).

Page 17: Convergence of Regulatory Requirements

QuestionsQuestions

CONTACT:CONTACT:

David H. BakerDavid H. BakerGeneral CounselGeneral CounselLighter Association, Inc.Lighter Association, Inc.1701 Pennsylvania Avenue, N.W.1701 Pennsylvania Avenue, N.W.Suite 300Suite 300Washington, D.C. 20006Washington, D.C. 20006

[email protected]@lighterassociation.org202 253 4347 tel202 253 4347 tel202 330 5092 fax202 330 5092 fax

Page 18: Convergence of Regulatory Requirements

Bio of David H. BakerBio of David H. Baker President, Law Offices of David H. Baker, LLC, Washington, President, Law Offices of David H. Baker, LLC, Washington,

D.C.D.C. Previously, Partner and Member of Executive Committee, Previously, Partner and Member of Executive Committee,

Thompson Hine LLP, Washington, D.C.Thompson Hine LLP, Washington, D.C. J.D. George Washington University Law School (1979)J.D. George Washington University Law School (1979) Member, Journal Of International Law and EconomicsMember, Journal Of International Law and Economics Visiting Student, Institute d’Etudes Politiques (1974-55)Visiting Student, Institute d’Etudes Politiques (1974-55) B.A. Hamilton College (1976) with Honors in French and B.A. Hamilton College (1976) with Honors in French and

History.History. General Counsel to Lighter Association, Inc. since 1986.General Counsel to Lighter Association, Inc. since 1986. Also represents six other U.S. based trade associations with Also represents six other U.S. based trade associations with

matters before the CPSC.matters before the CPSC. Currently serves as ICPHSO President and as Co-Chair of Currently serves as ICPHSO President and as Co-Chair of

the American Bar Association Consumer Products the American Bar Association Consumer Products Regulation Committee.Regulation Committee.