The Evolution of Consumer Product Safety Policy and Regulation in India

Consumer product safety in India is undergoing a series of structural reforms, encompassing general consumer protection and specific product safety regulation. This article critically examines the state of consumer product safety as it has developed since the adoption of the original Consumer Protection Act 1986 and Bureau of Indian Standards Act 1986 and on that basis puts forward a first reasoned analysis of the major reforms currently under discussion (the Consumer Protection Bill 2015) or recently passed but not yet implemented (the Bureau of Indian Standards Act 2016). The analysis is framed against the backdrop of a preliminary discussion of the constitutional architecture of India, which is in itself a source of complication in the development of coherent consumer policies. The picture emerging from this article shows that, while progress is being made, the field of consumer product safety in India is a difficult work in progress where policy and regulatory developments are hard to achieve incrementally, and structural reform come at the cost of fundamental choices the feasibility of which might prove difficult.     

美国FDA食品安全现代化法案解读与评析

对美国2011年初出台的《FDA食品安全现代化法案》进行了解读和评析,介绍了该法案的修法背景、立法目的和适用范围,以及对现行食品安全法律《联邦食品药品化妆品法》的主要修改和新设立的法律制度与措施,分析了美国进口食品安全监管新举措对我国输美食品生产企业和相关行业的影响。建议密切跟踪FDA食品安全现代化法案的实施情况和配套法规的制定进程,深入研究并积极应对美国第三方审核认可制度,系统评估美国进口食品安全监管新举措对我国可能造成的影响,学习借鉴美国现代化食品的安全监管理念和科学的法律制度设计。     

Farming down the drain: Unintended consequences of the Food Safety Modernization Act’s Produce Rule on small and very small farms

The Food Safety Modernization Act of 2011 (FSMA) was the first significant reform in 70 years of the food production regulations governing the safety of human and animal foods produced for consumption in the United States. FSMA intended to provide policies that proactively prevent foodborne illnesses, establish science-based food safety standards, and include supply chain partners to ensure systematic prevention of foodborne illnesses. Yet these intentions may also drive small farms out of business, create food supply shortages, stifle food innovation, and harm the environment and consumer health. We propose that policy makers and managers consider reducing unnecessary documentation requirements, incentivizing innovative food technologies that improve food safety, improving the capacity and efficiency of testing labs, and increasing consumer awareness of food safety.     

The Swedish product safety legislation

During the 1970's and 80's the interest in product safety has grown in Sweden. This in turn has led to an examination of the product safety legislation. On July 1, 1989, a new general Product Safety Act will come into force. Its aim is to prevent hazardous goods and services from causing personal injury or damage to property. Under the Act an entrepreneur can:

--be enjoined to provide safety information

--be prohibited from further provision of the hazardous goods and services

--be enjoined to provide cautionary information

--be ordered to recall hazardous goods and services.

A Governmental Committee has recently investigated whether or not rules concerning prohibition of export goods entailing a direct danger to life, health, or safety should be introduced and, in that event, how they should be devised. The Committee proposed certain rules in December 1988. This proposal will be circulated for comment whereupon it will be decided within the Government Offices how to proceed with the work on the proposal.     

The Impact of the U.S. Bio-Terrorism Act upon Canadian Exporters of Food Products to the United States: A Firm-Level Analysis

This article examines the impact of the 2002 U.S. Bio-terrorism Act (BTA) upon Canadian exporters of food products to the United States. A major goal of the BTA is to secure U.S. ports of entry against imports that might threaten the health or safety of U.S. citizens. Although this is a respectable goal, data from a sample of 144 Canadian exporters suggest that the BTA represents a non-tariff barrier to Canada-U.S. trade. Current regulatory procedures have disrupted cross-border supply chains in significant ways. These disruptions have damaged the Canada-U.S. commercial relationship by imposing extra shipment and distribution costs upon Canadian exporters. These delays have had a serious impact upon small-to-medium sized firms (SMFs). The article concludes with a brief discussion of possible remedial actions that might be taken by Canadian exporters.     

Governance and implementation of sports safety practices by municipal offices in Swedish communities

The objective of this study was to explore whether all-purpose health or safety promotion programmes and sports safety policies affect sports safety practices in local communities. Case study research methods were used to compare sports safety activities among offices in 73 Swedish municipalities; 28 with ongoing health or safety promotion programmes and 45 controls. The offices in municipalities with the WHO Healthy Cities (HC) or Safe Communities programmes were more likely to perform frequent inspections of sports facilities, and offices in the WHO HC programme were more likely to involve sports clubs in inspections. More than every second, property management office and environmental protection office conducted sports safety inspections compared with less than one in four planning offices and social welfare offices. It is concluded that all-purpose health and safety promotion programmes can reach out to have an effect on sports safety practices in local communities. These safety practices also reflect administrative work routines and managerial traditions.     

The Consumer Product Safety Commission: Benefit or Boondoggle?

The Consumer Product Safety Commission has been subject to the criticism of all parties involved in the regulation of the safety of consumer products. This paper evaluates the Commission's performance, examining both the sources of the Commission's regulatory problems and the extent to which recent amendments to the Consumer Product Safety Act will ameliorate these problems. Alternative approaches to the regulation of consumer product safety are suggested.     

风险分析理论在纺织品服装安全性评价中的应用

存在缺陷的纺织品服装可能会对人体和环境造成安全隐患,因而对纺织品服装安全性评估对人体安全具有重要的意义。本文探讨将在其他领域应用广泛的风险分析理论运用于对纺织品服装的安全评价,分别从机械安全性、燃烧性和化学品安全性的角度探讨了如何对纺织品服装的安全性进行风险评估,保证纺织品服装在消费过程中的安全性。     

The rise and fall of a National Safety Promotion Programme – The case of Sweden

In 1982, when Sweden got a new Health Service Act, the health sector was given a new role – to collect, analyse and actively disseminate the knowledge it gained. A National Safety Promotion Programme was build up by the National Board for Health and Welfare, and a National Inter-sector Cooperation Group and medical advisory board were established. In 1992, the programme was transferred to the National Institute of Public Health. Later the Institute was given a new role and therefore the programme was relocated to the Swedish Rescue Service Agency. In some aspects we can see a parallel with the paradigm that was behind the Civil Protection Act 2003 and the Health Service Act 1982. It was a logic consequence to move the national programme to the rescue service sector. Within the National Rescue Service Agency the programme ended up in the line organisation, which lacked a cross-sector work orientation. The programme was closed down. In the article the reason for the decisions is described and also the background and the possibilities for the programme to act in different national boards as well as the preconditions for an inter-sector group.     

The rise and fall of a National Safety Promotion Programme:the case of Sweden

In 1982, when Sweden got a new Health Service Act, the health sector was given a new role - to collect, analyse and actively disseminate the knowledge it gained. A National Safety Promotion Programme was build up by the National Board for Health and Welfare, and a National Inter-sector Cooperation Group and medical advisory board were established. In 1992, the programme was transferred to the National Institute of Public Health. Later the Institute was given a new role and therefore the programme was relocated to the Swedish Rescue Service Agency. In some aspects we can see a parallel with the paradigm that was behind the Civil Protection Act 2003 and the Health Service Act 1982. It was a logic consequence to move the national programme to the rescue service sector. Within the National Rescue Service Agency the programme ended up in the line organisation, which lacked a cross-sector work orientation. The programme was closed down. In the article the reason for the decisions is described and also the background and the possibilities for the programme to act in different national boards as well as the preconditions for an inter-sector group.     

Regulating Unfair Trade Practices: an Analysis of the Past and Present Indian Legislative Models

The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) which for the first time incorporated detailed provisions as to unfair trade practices (UTPs) in India has now been repealed and succeeded by the Consumer Protection Act, 1986 which has included the same substantive definition of UTPs. This article analyses the law as to UTPs under the repealed MRTP Act including the cases decided thereunder and compares it with the structure of the Consumer Protection Act with the objective of evaluating whether the present Consumer Dispute Redressal Agencies under the Consumer Protection Act have adequate substantive provisions and effective procedural competence to ward off UTPs. Our analysis of legislative provisions and decided cases shows that the present system of protection against UTPs under the Consumer Protection Act is blighted by a strict and restrictive definition of consumer; lack of in-house enquiry and investigation system, incompetency of traders and trade associations to pursue cases, and lack of inherent power of the Consumer Dispute Redressal Agencies to suo motu take up matters. The article uses analytical and statistical methods to quantify, in terms of actual effect, these drawbacks which significantly hamper the present system and suggests various means to improve the functioning of the system so as to effectively deal with UTPs.     

Health insurance and the supply of entrepreneurs: new evidence from the affordable care act

Is the difficulty of purchasing health insurance as an individual or small business a major barrier to entrepreneurship in the USA? I answer this question by taking advantage of the natural experiment provided by the Affordable Care Act’s dependent coverage mandate, which allowed many 19–25 year olds to acquire health insurance independently of their employment. Using a difference-in-difference strategy, I find that the dependent coverage mandate did not increase self-employment among young adults overall, but increased self-employment among disabled young adults by 19–23%.     

The WTO,the Environment and Health and Safety Standards

The World Trade Organization (WTO) is a product of the General Agreement on Tariffs and Trade (GATT). The WTO was created in the last round of negotiations (Uruguay Round, 1986‐94) to provide a stronger set of institutions to administer the various agreements negotiated under the GATT framework. Because the WTO is more powerful than its predecessors, critics claim that it poses a threat to national sovereignty. Concerns about the ability of nations to set their own environmental and health and safety agendas have figured prominently in these critiques. In addition, critics suggest that the WTO prioritises trade objectives at the expense of environmental and health and safety objectives. The article explores the extent to which the WTO has been able to reconcile trade, environmental and health and safety objectives by analysing its rulings on these matters. Overall, this analysis suggests that the WTO dispute resolution process has balanced all three sets of objectives. However, it is important to note the small number of disputes to date; only 21of the 175 disputes before the WTO involve environmental and health and safety matters. Further, the WTO has issued decisions in only six of these cases.     

美国联邦预算管理法律体系演变与启示

美国联邦预算过程很大程度上是立法部门和行政部门争取预算控制权的斗争过程,立法部门和行政部门均力图通过规则和程序的改变来获得对预算的控制权。经过200多年联邦预算的发展演变,随着联邦预算法律体系的完善,美国形成了立法、行政系列相互独立、分工明确、相互制衡的预算资金分配机制,预算权成为立法部门制约政府行政权力扩张的重要工具。完善中国的预算管理法律体系,形成预算资金分配的相互制约机制,强化对政府预算权的控制,是当前中国构建法治化公共财政亟待解决的问题。     

Employer liability for telecommuting employees

Telecommuting is a work arrangement in which an employee regularly works at a site other than the employer's place of business—often the employee's home or a so-called telework center. Telecommuting may increase employees' job flexibility, retention, productivity, and motivation. However, telecommuting also carries distinct implications for legal liability. Among the issues are safety, adherence to disability-access laws, and wage and hour regulations. For instance, employers face issues connected with workplace safety, because they can be held accountable for accidents at a telecommuter's home office (even though the employer does not manage the premises). Telecommuting may come to be seen as a “reasonable accommodation” under the Americans with Disabilities Act, although few cases have been decided regarding this contention. Moreover, the simple fact that an employee is setting her own hours does not exempt the employer from the wage and hour provisions of the Fair Labor Standards Act. Workers must either fit that law's specific exemptions from hourly and overtime pay or else keep careful track of their hours. Perhaps the most important means of limiting problems arising from telecommuting is to implement a firm, company-wide policy (rather than apply ad hoc criteria), and to make certain that both job duties and the worker personally are suited to the minimal supervision and self-direction involved in telecommuting.     

国际金融危机与“购买美国货”条款

美国爆发的金融危机给全球金融和经济贸易带来极大的影响,为此,各国纷纷出台应对当前金融危机、刺激经济复苏的政策和措施,美国更是如此。2009年2月17日,美国总统奥巴马签署了《2009年美国复兴与再投资法》,①使之正式成为法律生效,奥巴马"新政"由此也正式启航。然而,美国应对金融危机、刺激经济复苏方案出台前后,不仅在美国国内引起激烈争论,而且在全球范围内也引起轩然大波,矛盾的焦点主要集中在该法的"购买美国货"条款上。带有明显贸易保护主义的"购买美国货"条款出台,使世界上贸易保护主义进一步抬头和泛滥,各国在应对金融和经济危机的同时,不得不与贸易保护主义作斗争。     

Public policy and the establishment of large stores in Belgium

Belgian public policy towards retailing has been viewed as being politically motivated and frustrating the ambitions of large retailers by being biased towards independent retailers. This paper analyses the impact of the Business Premises Act on the development of supermarkets and hypermarkets. It concludes that the Act has had an impact although this may have been an unintended one in that retailers have changed behaviour to surmount the Act.     

When Recalls Matter: Factors Affecting Owner Response to Automotive Recalls

This paper assesses the impact of recall-specific variables on owner response rates to automotive safety recall campaigns under the National Traffic and Motor Vehicle Safety Act of 1966. Using a multiple regression framework, the paper finds that owner response rates have been significantly higher for owners of American vehicles as compared to European and Japanese vehicles, for owners of newer model vehicles as compared to older ones, and for owners of vehicles with severe safety-related defects as compared to vehicles with lesser problems. The paper concludes with the suggestion that, for vehicles with characteristically lower owner response rates, the issuance of multiple recall notices or the coupling of periodic safety inspections with recall compliance may be advisable.     

The effect of voluntary and mandatory corporate social responsibility on earnings management: Evidence from India and the 2% rule

Utilizing the natural experiment presented by India's Companies Act of 2013, this paper investigates the relationship between corporate social responsibility (CSR) engagement and earnings management. India's Act includes provisions designed to improve governance and financial audits, as well as a unique mandate requiring firms that satisfy size or profitability criteria to spend a minimum of 2% of reported income on CSR initiatives. We examine the earnings management behavior of firms that voluntarily reported CSR expenditures prior to the Act's implementation as well as those firms that began to report CSR spending as a consequence of the mandate. Results indicate that firms which voluntarily reported CSR expenditures before the Act also engaged in more earnings management than other firms, consistent with CSR being used manipulatively in the pre-Act period. Once the Act was in effect, evidence indicates that on average firms engaged in less earnings management. However, the results suggest the CSR mandate did not have a significant marginal impact on earnings manipulations, implying that the observed decrease in earnings management in the post-Act period was primarily due to other provisions of the Act, such as those related to corporate governance.     

食品质量安全存在的问题及解决对策

人要生存必不可少的要摄入食物,而食品质量是否安全则严重影响到人们的健康和安全。影响食品质量安全的因素有:受到污染、商家造假、违规生产等。这不仅损害了消费者的利益,威胁其健康,也严重影响社会的安定以及经济的发展。本文主要分析食品质量安全的主要问题和其产生的危害,并对此提出一些解决该问题的建议。