Raymond Geddes & Co. – Provisional Acceptance of a Settlement Agreement and Order, CSPC Docket No
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Federal Register/Vol. 74, No. 147/Monday, August 3, 2009/Notices 38409 materials whose lead content exceeds the 16 CFR 1118.20(e). In accordance with 16 By: lllllllllllllllllllpermissible limit of 0.06 percent of the CFR 1118.20(f), if the Commission does not By: weight of the total nonvolatile content of the receive any written request not to accept the M. Reza Malihi, paint or the weight of the dried paint film. Agreement within fifteen (15) days, the Trial Attorney, Renee K. Haslett, Trial 11. From January 2005 to March 2007, Agreement shall be deemed finally accepted Attorney, Division of Compliance, Office of A&A sold, manufactured for sale, offered for on the sixteenth (16th) day after the date it the General Counsel. sale, distributed in commerce, or imported is published in the Federal Register. In the Matter of A&A Global Industries, into the United States, or caused one or more 21. Upon the Commission’s final Inc. of such acts, with respect to the aforesaid acceptance of the Agreement and issuance of Order banned hazards Bracelets in violation of the final Order, A&A knowingly, voluntarily, section 19(a)(1) of the CPSA, 15 U.S.C. and completely waives any rights it may have Upon consideration of the Settlement in this matter to the following: (1) An 2068(a)(1) (which acts at the time were in Agreement entered into between A&A Global administrative or judicial hearing; (2) judicial violation of 19(a)(2) of the CPSA, 15 U.S.C. Industries, Inc. ...
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Federal Register/ Vol./ Monday,74, No. 147/ NoticesAugust 3, 2009
38409
materials whose lead content exceeds the16 CFR 1118.20(e). In accordance with 16By:lllllllllllllllllll permissible limit of 0.06 percent of theCFR 1118.20(f), if the Commission does notBy:lllllllllllllllllll weight of the total nonvolatile content of thereceive any written request not to accept theM. Reza Malihi, paint or the weight of the dried paint film.Agreement within fifteen (15) days, theTrial Attorney, Renee K. Haslett, Trial 11. From January 2005 to March 2007,Agreement shall be deemed finally acceptedAttorney, Division of Compliance, Office of A&A sold, manufactured for sale, offered foron the sixteenth (16th) day after the date itthe General Counsel. sale, distributed in commerce, or importedis published in theFederal Register. In the Matter of A&A Global Industries, into the United States, or caused one or more21. Upon the Commission’s final Inc. of such acts, with respect to the aforesaidacceptance of the Agreement and issuance of Order banned hazards Bracelets in violation ofthe final Order, A&A knowingly, voluntarily, section 19(a)(1) of the CPSA, 15 U.S.C.and completely waives any rights it may haveUpon consideration of the Settlement in this matter to the following: (1) An 2068(a)(1) (which acts at the time were inAgreement entered into between A&A Global administrative or judicial hearing; (2) judicial violation of 19(a)(2) of the CPSA, 15 U.S.C.Industries, Inc. (‘‘A&A’’) and the U.S. review or other challenge or contest of the 2068(a)(2), as the Consumer Product SafetyConsumer Product Safety Commission validity of the Commission’s Order or Improvement Act of 2008, Public Law 110–(‘‘Commission’’) staff, and the Commission actions; (3) a determination by the 314, had yet to be enacted). A&A committedhaving jurisdiction over the subject matter Commission of whether A&A failed to these prohibited acts ‘‘knowingly,’’ as thatand over A&A, and it appearing that the comply with the CPSA and its underlying term is defined in section 20(d) of the CPSA,Settlement Agreement and Order are in the regulations; (4) a statement of findings of fact 15 U.S.C. 2069(d).public interest, it is and conclusions of law; and (5) any claims 12. Pursuant to section 20 of the CPSA, 15Ordered,that the Settlement Agreement be, under the Equal Access to Justice Act. U.S.C. 2069, A&A is subject to civil penaltiesand hereby is, accepted; and it is 22. The Commission may publicize the for the aforementioned violations.Further ordered,that A&A shall pay a civil terms of the Agreement and Order. penalty in the amount of forty thousand A&A’s Responsive Allegations 23. The Agreement and Order shall apply dollars ($40,000.00). The civil penalty shall 13. A&A contests and denies the Staff’sto, and be binding upon, A&A and each of be paid within twenty (20) calendar days of allegations set forth in paragraphs 4 throughits successors and assigns. service of the Commission’s final Order 12. 24.The Commission issues the Order accepting the Agreement. The payment shall 14. A&A specifically denies that it failed tounder the provisions of the CPSA, and be made by check payable to the order of the take adequate action to ensure that theviolation of the Order may subject A&A to United States Treasury. Upon the failure of Bracelets did not bear leadcontaining paintappropriate legal action. A&A to make the foregoing payment when exceeding the permissible limits set forth in25. The Agreement may be used in due, interest on the unpaid amount shall the Ban. A&A’s compliance program, at theinterpreting the Order. Understandings, accrue and be paid by A&A at the federal time of the subject recall met or exceededagreements, representations, or legal rate of interest set forth at 28 U.S.C. industry standards for ensuring complianceinterpretations apart from those contained in 1961(a) and (b). with the permissible lead limits set forth inthe Agreement and Order may not be used to Provisionally accepted and provisional the Ban. Likewise, A&A asserts that it actedvary or contradict its terms. The Agreement Order issued on the8thday ofJuly2009. responsibly and reasonably to respond to theshall not be waived, amended, modified, or By Order of the Commission. Commission’s concern regarding theotherwise altered, except in a writing that is Todd A. Stevenson, Bracelets, including its prompt and voluntaryexecuted by the party against whom such Secretary, U.S. Consumer Product Safety implementation of a successful product recallwaiver, amendment, modification, or Commission. of the Bracelets in cooperation with thealteration is sought to be enforced. Commission. 26.If any provision of the Agreement and[FR Doc. E9–18513 Filed 7–31–09; 8:45 am] 15. A&A specifically denies that anyOrder is held to be illegal, invalid, orBILLING CODE 6355–01–P alleged violation of the CPSA occurredunenforceable under present or future laws ‘‘knowingly,’’ as the term ‘‘knowingly’’ iseffective during the terms of the Agreement defined in section 20(d) of the CPSA, 15and Order, such provision shall be fully CONSUMER PRODUCT SAFETY U.S.C. 2069(d).severable. The balance of the Agreement and COMMISSION 16. A&A has entered into the AgreementOrder shall remain in full force and effect, for settlement purposes only, to avoidunless the Commission and A&A agree that[CPSC Docket No. 09–C0021] incurring additional expenses and thesevering the provision materially affects the distraction of litigation. Accordingly, thepurpose of the Agreement and Order.Raymond Geddes & Co., Provisional Agreement and Order do not constitute, andA&A Global Industries, Inc.Acceptance of a Settlement Agreement are not evidence of, any fault or wrongdoing Dated: 4/23/09.and Order on the part of A&A. By:lllllllllllllllllll AGENCY:Consumer Product Safety Agreement of the PartiesEugene Lipman, Commission. Vice President of Finance and 17. Under the CPSA, the Commission has ACTION:Notice. Administration, A&A Global Industries, Inc., jurisdiction over this matter and over A&A. 17 Stenersen Lane, Cockeysville, MD 21030. 18. The parties enter into the Agreement SUMMARY:It is the policy of the for settlement purposes only. The AgreementDated: 4/27/09. Commission to publish settlements does not constitute an admission by A&A, orBy:lllllllllllllllllll which it provisionally accepts under the a determination by the Commission, thatKathleen M. Sanzo, Esq., Consumer Product Safety Act in the A&A has knowingly violated the CPSA.Morgan, Lewis & Bockius LLP, 1111 Federal Registerin accordance with the 19. In settlement of the Staff’s allegations,Pennsylvania Avenue, NW., Washington, DC terms of 16 CFR 1118.20(e). Published A&A shall pay a civil penalty in the amount20004, Counsel for A&A Global Industries, below is a provisionallyaccepted of forty thousand dollars ($40,000.00) withinInc. twenty (20) calendar days of service of theSettlement Agreement with Raymond U.S. Consumer Product Safety Commission Geddes & Co., containing a civil penalty Commission’s final Order accepting the Staff Agreement. The payment shall be made by of $40,000.00. Cheryl A. Falvey, check payable to the order of the United General Counsel, Office of the Generalted person may ask DATES:Any interes States Treasury. Counsel.the Commission not to accept this 20. Upon the Commission’s provisional Ronald G. Yelenik,agreement or otherwise comment on its acceptance of the Agreement, the Agreement Assistant General Counsel, Office of thecontents by filing a written request with shall be placed on the public record and General Counsel. published in theFederal Registerinthe Office of the Secretary by August 18, accordance with the procedures set forth inDated: 5/12/09.2009.
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Federal Register/ Notices/ Monday,August 3, 2009/ Vol.74, No. 147
6. The Children’s Pencil Pouches areAgreement of the Parties ADDRESSES:Persons wishing to articles intended to be entrusted to or for use comment on this Settlement Agreement14. Under the CPSA, the Commission has by children, and, therefore, are subject to the should send written comments to thejurisdiction over this matter and over requirements of the Commission’s Ban of Geddes. Comment 09–C0021, Office of the LeadContaining Paint and Certain Consumer15. The parties enter into the Agreement Secretary, Consumer Product Safety Products Bearing LeadContaining Paint, 16for settlement purposes only. The Agreement Commission, 4330 East West Highway, CFR part 1303 (the ‘‘Ban’’). Under the Ban,does not constitute an admission by Geddes, Room 502, Bethesda, Maryland 20814– or a determination by the Commission, that toys and other children’s articles must not 4408. Geddes has knowingly violated the CPSA. bear or contain ‘‘leadcontaining paint,’’ FOR FURTHER INFORMATION CONTACT:16. In settlement of the Staff’s allegations, defined as paint or other surface coating Geddes shall pay a civil penalty in the Sean Ward, Trial Attorney, Division of materials whose lead content is more than amount of forty thousand dollars Compliance, Office of the General0.06 percent of the weight of the total ($40,000.00) within twenty (20) calendar Counsel, Consumer Product Safetynonvolatile content of the paint or the weight days of service of the Commission’s final Commission, 4330 East West Highway,of the dried paint film. 16 CFR 1303.2(b)(1). Order accepting the Agreement. The payment Bethesda, Maryland 20814–4408;7. On October 24, 2007, Intertek Testing shall be by check payable to the order of the Services (‘‘Intertek’’) conducted followup telephone (301) 504–7602. United States Treasury. testing for total lead content on samples of SUPPLEMENTARY INFORMATION:The text of17. Upon the Commission’s provisional metal zippers on the Stuff Keepers pencil acceptance of the Agreement, the Agreement the Agreement and Order appears pouches. The test results demonstrated that shall be placed on the public record and below. the surface paint on two of the metal zipperpublished in theFederal Registerin Dated: July 28, 2009. samples had a total lead content from 0.277accordance with the procedures set forth in Todd A. Stevenson,16 CFR 1118.20(e). In accordance with 16percent to 0.314 percent. These levels of lead CFR 1118.20(f), if the Commission does not Secretary.are in excess of the permissible 0.06 percent receive any written request not to accept the limit set forth in the Ban. On October 30, United States of America—Consumer Agreement within fifteen (15) days, the 2007, Intertek tested the zipper pull on a Bear Product Safety Commission Agreement shall be deemed finally accepted Pencil Pouch sample for the presence of lead. In the Matter of Raymond Geddes & Co.,on the sixteenth (16th) day after the date it The test result demonstrated that the surface Provisional Acceptance of a Settlementis published in theFederal Register. paint on the sample had a total lead content Agreement and Order CPSC Docket No. 09–18. Upon the Commission’s final above the permissible 0.06 percent limit set C0021. acceptanceof the Agreement and issuance of forth in the Ban. the final Order, Geddes knowingly, Settlement Agreement and Order8. On November 21, 2007, the Commission voluntarily, and completely waives any and Geddes announced a consumerlevel 1. In accordance with 16 CFR 1118.20,rights it may have in this matter to the recall of about 84,200 units of the Children’s Raymond Geddes & Co. (‘‘Geddes’’following: (1) An administrative or judicial) and the Pencil Pouches because ‘‘[t]he paint on the staff (‘‘Staff’’) of the United States Consumerhearing; (2) judicial review or other challenge pencil pouches’ zipper pulls contains Product Safety Commission (‘‘CPSC’’or the or contest of the validity of the Commission’s ‘‘Commission’’) enter into this Settlementexcessive levels of lead, violating the Federal Order or actions; (3) a determination by the Agreement (‘‘Agreement’’). The Agreementlead paint standard.’’ Commission of whether Geddes failed to and the incorporated attached Order 9. Although Geddes reported no incidentscomply with the CPSA and its underlying (‘‘Order’’) settle the Staff’s allegations set or injuries from the Children’s Pencilregulations; (4) a statement of findings of fact forth below. Pouches, it failed to take adequate action toand conclusions of law; and (5) any claims ensure that they did not bear or contain leadunder the Equal Access to Justice Act. Parties 19. The Commission may publicize the containing paint, thereby creating a risk of 2. The Commission is an independent terms of the Agreement and Order. lead poisoning and adverse health effects to Federal regulatory agency established 20. The Agreement and Order shall apply children. pursuant to the Consumer Product Safety to, and be binding upon, Geddes and each of 10. The Children’s Pencil Pouches Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). The its successors and assigns. constitute ‘‘banned hazardous products’’ Commission is responsible for the 21. The Commission issues the Order under CPSA section 8 and the Ban, 15 U.S.C. enforcement of the CPSA. under the provisions of the CPSA, and 2057 and 16 CFR 1303.1(a)(1), 1303.4(b), in 3. Geddes is a corporation organized and violation of the Order may subject Geddes to existing under the laws of Maryland, with itsthat they bear or contain paint or other appropriate legal action. principal offices located in Baltimore,surface coating materials whose lead content 22. The Agreement may be used in Maryland. At all times relevant hereto,exceeds the permissible limit of 0.06 percent interpreting the Order. Understandings, Geddes imported, distributed and sold pencilof the weight of the total nonvolatile content agreements, representations, or pouches to school supply distributors. of the paint or the weight of the dried paint interpretations apart from those contained in film. the Agreement and Order may not be used to Staff Allegations 11. From September 1997 through October vary or contradict its terms. The Agreement 4. From September 1997 through October 2007, Geddes sold, manufactured for sale, shall not be waived, amended, modified, or 2007, Geddes imported and sold about offered for sale, distributed in commerce, or otherwise altered, except in a writing that is 84,200 units of pencil pouches, consisting of imported into the United States, or causedexecuted by the party against whom such ‘‘Stuff Keepers’’ pencil pouches, Style one or more of such acts, with respect to thewaiver, amendment, modification, or #63525, and ‘‘Bear Pencil Pouches,’’ Style Children’s Pencil Pouches, in violation ofalteration is sought to be enforced. #67221 (collectively, the ‘‘Children’s Pencil section 19(a)(1) of the CPSA, 15 U.S.C.23. If after the effective date hereof, any Pouches’’). The Children’s Pencil Pouches 2068(a)(1). Geddes committed theseprovision of the Agreement and Order is held were supplied by and purchased from Getco to be illegal, invalid, or unenforceable under prohibited acts ‘‘knowingly,’’ as that term is Toys Nanjing Co., LTD (‘‘Getco’’), of China. present or future laws effective during the defined in section 20(d) of the CPSA, 15 Geddes sold the Children’s Pencil Pouches to terms of the Agreement and Order, such U.S.C. 2069(d). school supply distributors nationwide. provision shall be fully severable. The 12. Pursuant to section 20 of the CPSA, 15 5. The Children’s Pencil Pouches are balance of the Agreement and Order shall U.S.C. 2069, Geddes is subject to civil ‘‘consumer product(s),’’ and, at all times remain in full force and effect, unless the relevant hereto, Geddes was apenalties for the aforementioned violations. Commission and Geddes agree that severing ‘‘manufacturer’’ of those consumer Geddes Responsethe provision materially affects the purpose product(s), which were ‘‘distributed in of the Agreement and Order. commerce,’’ as those terms are defined in13. Geddes denies the Staff’s allegations set Raymond Geddes & Co. CPSA sections 3(a)(3), (5), (8), and (11), 15forth above that Geddes knowingly violated U.S.C. 2052(a)(3), (5), (8), and (11).the CPSA.Dated:12/2/08.
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Federal Register74, No. 147/ Monday,/ Vol./ NoticesAugust 3, 2009
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By:lllllllllllllllllllStaff Allegations ACTION:Notice. Will Geddes, 4. During 2006 and 2007, Family Dollar, President, 8901 Yellow Brick Rd., Baltimore,SUMMARY:It is the policy of the through its subsidiary Family Dollar MD 21237–2303.Commission to publish settlements Services, Inc., imported into the United Dated:12/8/08.which it provisionally accepts under theStates a total of about 142,000 units of certain By:lllllllllllllllllllHalloweenthemed plastic pails (SKU Consumer Product Safety Act in the John Scaldara, Esq.,number 1033953, and UPC number Federal Registerin accordance with the Offit Kurman, 8 Park Center Court, Suite 200,017845000591) (‘‘Pail(s)’’). Specifically, terms of 16 CFR 1118.20(e). Published Owings Mill, MD 21117, Counsel forFamily Dollar imported 28,725 of the Pails below is a provisionallyaccepted Raymond Geddes & Co.during 2006, and an additional 112,560 in Settlement Agreement with Family U.S. Consumer Product Safety CommissionJuly 2007. From August 2007 through Dollar Stores, Inc., containing a civil Staff October2007, Family Dollar stores penalty of $75,000.00. nationwide offered the Pails for sale or sold Cheryl A. Falvey, DATES:Any interested person may askthem to consumers. General Counsel, Office of the General 5. The Pails are ‘‘consumer product(s),’’ the Commission not to accept this Counsel. and, at all times relevant hereto, Family agreement or otherwise comment on its Ronald G. Yelenik, Dollar was a ‘‘manufacturer’’ and/or a contents by filing a written request with Assistant General Counsel, Division of ‘‘retailer’’ of those consumer product(s), Compliance, Office of the General Counsel.the Office of the Secretary by August 18, which were ‘‘distributed in commerce,’’ as 2009. Dated:11/25/08. those terms are defined in CPSA sections By:lllllllllllllllllllADDRESSES:Persons wishing to3(a)(3), (5), (8), (11), and (13), 15 U.S.C. Sean R. Ward, comment on this Settlement Agreement2052(a)(3), (5), (8), (11), and (13). Trial Attorney, Division of Compliance, 6. The Pails are articles intended to be should send written comments to the Office of the General Counsel. entrusted to or for use by children, and, Comment 09–C0023, Office of the therefore, are subject to the requirements of United States of America—ConsumerSecretary, Consumer Product Safety the Commission’s Ban of LeadContaining Product Safety Commission Commission, 4330 East West Highway, Paint and Certain Consumer Products In the Matter of Raymond Geddes & Co.,Room 502, Bethesda, Maryland 20814– Bearing LeadContaining Paint, 16 CFR part CPSC Docket No. 09–C0021.4408. 1303 (the ‘‘Ban’’). Under the Ban, toys and FOR FURTHER INFORMATION CONTACT:other children’s articles must not bear ‘‘lead Order containing paint,’’ defined as paint or other Belinda V. Bell, Trial Attorney, Division Upon consideration of the Settlement surface coating materials whose lead content of Compliance, Office of the General Agreement entered into between Raymond is more than 0.06 percent of the weight of the Counsel, Consumer Product Safety Geddes & Co. (‘‘Geddes’’) and the U.S. total nonvolatile content of the paint or the Consumer Product Safety CommissionCommission, 4330 East West Highway, weight of the dried paint film. 16 CFR (‘‘Commission’’) staff, and the CommissionBethesda, Maryland 20814–4408; 1303.2(b)(1) having jurisdiction over the subject matter telephone (301) 504–7592 or M. Reza 7. On September 28, 2007, the Staff and over Geddes, and it appearing that the Malihi, Trial Attorney, (same address);obtained thirdparty laboratory results Settlement Agreement and Order are in the telephone (301) 504–7733.relating to, in pertinent part, testing for the public interest, it is presence of lead in the surface coating of a SUPPLEMENTARY INFORMATION:The text of Ordered,that the Settlement Agreement be, sample of the Pails purchased from a Family the Agreement and Order appears and hereby is, accepted; and it is Dollar retail store in Ashland, Ohio. The test Further ordered,that Geddes shall pay abelow. results demonstrated that a green coating on civil penalty in the amount of forty thousand Dated: July 28, 2009.the outside surface of the Pail contained a dollars ($40,000.00) within twenty (20) total lead content of 2.1% by weight. This Todd A. Stevenson, calendar days of service of the Commission’s level of lead is in excess of the permissible Secretary. final Order accepting the Agreement. The 0.06 percent limit set forth in the Ban. payment shall be made by check payable to United States of America—Consumer8. In October 2007, Family Dollar reported the order of the United States Treasury. Upon Product Safety Commissionto CPSC that it had commissioned an the failure of Geddes to make any of the independent laboratory to conduct further In the Matter of Family Dollar Stores, Inc., foregoing payments when due, interest on the testing for the presence of lead in surface CPSC Docket No.09–C0023. unpaid amount shall accrue and be paid by coatings of another twelve (12) Pail samples. Geddes at the Federal legal rate of interest set Settlement Agreement As expressed in a test report issued October forth at 28 U.S.C. 1961(a) and (b). 5, 2007, the test results demonstrated that the 1. In accordance with 16 CFR 1118.20, Provisionally accepted and provisionalPails’ green surface coating contained a total Family Dollar Stores, Inc. (‘‘Family Dollar’’) Order issued on the8thday ofJuly,2009. leadcontent of 1200 mg/kg. These levels of and the staff (‘‘Staff’’) of the United States lead are in excess of the permissible 0.06 By Order of the Commission.Consumer Product Safety Commission (‘‘CPSC’’ or the ‘‘Commission’’) enter intopercent limit set forth in the Ban. Todd A. Stevenson, this Settlement Agreement (‘‘Agreement’’). 9.On October 25, 2007, the Commission Secretary,U.S. Consumer Product Safety The Agreement and the incorporatedand Family Dollar announced a consumer Commission. attached Order (‘‘Orderlevel recall of about 142,000 units of the Pails’’) settle the Staff’s [FR Doc. E9–18522 Filed 7–31–09; 8:45 am]allegations set forth below.because ‘‘[t]he green paint on the pails BILLING CODE 6355–01–Pcontains excessive levels of lead, violating Parties the Federal lead paint standard.’’ 2. The Commission is an independent10. Although Family Dollar reported no Federal regulatory agency establishedincidents or injuries associated with the CONSUMER PRODUCT SAFETY pursuant to, and responsible for thePails, it failed to take adequate action to COMMISSION enforcement of, the Consumer Product Safetyensure that none would bear or contain lead [CPSC Docket No. 09–C0023]Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). containingpaint, thereby creating a risk of 3. Family Dollar is a corporation organizedlead poisoning and adverse health effects to Family Dollar Stores, Inc., Provisionalchildren.and existing under the laws of Delaware, 11. The Pails constitute ‘‘banned hazardous Acceptance of a Settlement Agreementwith its principal offices located in Matthews, North Carolina. At all timesproducts’’ under CPSA section 8 and the Ban, and Order relevant hereto, Family Dollar imported and/15 U.S.C. 2057 and 16 CFR 1303.1(a)(1), AGENCY :Consumer Product Safety1303.4(b), in that they bear or contain paintor sold toys and children’s products, among Commission.or other surface coating materials whose leadother merchandise.
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