Panel vacancy puts us at risk

� ** FILE ** Michael E. Baroody testifies before a Senate Governmental Affairs Committee hearing on Capitol Hill in Washington, in this July 23, 1997 file photo. Baroody, President Bush's pick to head the Consumer Product Safety Commission withdrew his nomination Wednesday, May 23, 2007, amid strong opposition from some Senate Democrats because of his career as a manufacturers' lobbyist. (AP Photo/Joe Marquette, File) Ran on: 05-24-2007 Michael Baroody had worked in the Reagan administration in the 1980s. JULY 23, 1997 FILE PHOTO less � ** FILE ** Michael E. Baroody testifies before a Senate Governmental Affairs Committee hearing on Capitol Hill in Washington, in this July 23, 1997 file photo. Baroody, President Bush's pick to head the ... more Photo: Joe Marquette Photo: Joe Marquette Image 1 of / 1 Caption Close Panel vacancy puts us at risk 1 / 1 Back to Gallery

In February, I warned that President Bush's failure to fill a vacancy on the three-person Consumer Product Safety Commission created a potentially dangerous situation for the public. Without a full slate, the commission is unable to levy fines or force a recall.

And now, with the vacancy still unfilled and no nominee in sight, the worst-case scenario has arisen.

The commission says that a Texas company called Kazuma Pacific is importing from China a defective all-terrain vehicle for kids and that the company has refused to cooperate in voluntarily pulling the product from the market.

Without a quorum, or all three commissioners, the Consumer Product Safety Commission is virtually powerless to take action in the case.

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"We have a recalcitrant company that is failing to meet its obligations to safety," acknowledged Scott Wolfson, a spokesman for the commission.

He confirmed that the commission, because of its lack of a quorum, is unable to slap Kazuma with fines or force a recall. All that federal authorities can do is try to persuade retailers and distributors not to sell the defective vehicle, Wolfson said.

The product in question is the Meerkat 50 Youth ATV, which is listed on Kazuma's Web site (www.kazuma.us) as starting in price from $299 and being capable of hitting a top speed of 20 mph.

ATVs are those four-wheel cycles that are used recreationally by many people for off-road activities and are a common sight on farms throughout California.

The commission says the Meerkat 50, which is intended for kids age 6 to 11, places children "at risk of injury or death due to multiple safety defects," including a lack of front brakes, no parking brake and being able to start the vehicle while in gear.

The commission also says the Meerkat 50 owner's manual "does not contain complete information on safe operation and maintenance of the ATV."

In a lengthy e-mail, Kazuma's president, Jason Tsai, said that he's instructed the Chinese manufacturer to make the Meerkat 50 safer, but it will take several months before the new-and-improved model makes it to the United States.

He said many Americans get hurt riding ATVs, and the commission should focus on raising awareness about the potential harm that accompanies such vehicles.

"I know hundreds of American died by riding ATV every year, thousands got injured, most of them are teenage, and the accident number is increasing every year," Tsai wrote in broken English.

He expressed surprise that the commission is targeting his company. "It seems to me that CPSC is more interests to destroy Kazuma name rather than just warning the public," Tsai wrote.

Wolfson, the commission spokesman, said federal authorities just want to work with Tsai and Kazuma to remove a defective product from the market.

"We continue to call on this company to come to the negotiating table and work with us," he said. "They have refused so far."

The commission says it's unable to know for sure how many youngsters may have been injured riding the Meerkat 50 because Kazuma "has refused to provide complete incident or injury information for any of their products."

The company has sold at least 2,700 Meerkat 50 ATVs since 2003, according to the commission.

"Without a quorum, the commission is powerless," said Rachel Weintraub, director of product safety at the Consumer Federation of America. "This really highlights the weakness of the CPSC."

The commission has been without a full three members since July 2006, when Hal Stratton, who was appointed chairman by Bush in 2002, left to take a job with a law firm that specializes in shooting down class-action lawsuits filed by consumers.

According to the Consumer Product Safety Act, two commissioners can conduct business for six months after a third commissioner quits. After that, they're restricted from taking action on regulatory maters or civil penalties until the vacancy is filled.

The six-month mark was hit on Jan. 15. In March, Bush nominated Michael Baroody, a top manufacturing-industry lobbyist, to serve as chairman and thus oversee regulation of the business that for years provided him with a livelihood.

In May, Baroody withdrew from consideration one day before his Senate confirmation hearing was to have taken place. He'd been asked by senators to provide copies of his severance agreement with the National Association of Manufacturers.

The word out of Washington is that the White House has no one else in mind to fill the vacancy and that Bush might even leave the seat empty until the end of his term next year.

"It's a huge problem, as the case of the Meerkat ATV illustrates," Weintraub said.

A White House spokesman said he has no information on whom the president might be considering to fill the post or when a nomination might be put forward.

A little progress: On Monday, the acting head of the Consumer Product Safety Commission, Nancy Nord, submitted recommendations to Congress that she believes would strengthen the agency's hand.

Her recommendations were partly inspired by the increasing number of defective products coming from China (such as the Meerkat 50).

Among Nord's proposals are broadening U.S. authorities' ability to stop unsafe goods from entering the country and increasing fines to as much as $10 million for certain violations.

"This would really modernize the agency's authority," said Julie Vallese, a commission spokeswoman. "It seeks 21st century tools for 21st century problems."

The proposals could easily fall on deaf ears in Congress. That would be a mistake.