Senator Moss. I wonder about financing this new safety agency. You pointed out one of the greatest problems we have had in this consumer field is lack of adequate financing.

If this safety program is placed in HEW, do you think it should. receive its budget through the Secretary or directly through the Office of Management and Budget, or perhaps through a tax on consumer products?

Mr. SWANKIN. Well, I haven't really thought through the tax business and I would rather wait than answer that off the top of my head. With regard to whether or not it would be better, if it were in FDA, to have an independent budget separate and apart from having to go through the Office of the Secretary, clearly I think that would be better. An independent budget wouldn't run into the question of priorities among and between all of the responsibilities of IIEW that I mentioned in answer to an earlier question.

If an independent budget was established--I doubt that would ever be then you would have in effect created an independent agency, whether you called it FDA or anything else.

Senator Moss. I wonder, have you noticed any impact on the number of safety products in the market due simply to the function of the report of the Product Safety Commission? Has the publicity done anything to improve safety?

Mr. SWANKIN. I think it would be improper to answer that yes or no. I think to say that it is a total waste of money to give any publicity to safety is wrong, just as it is wrong to say that publicity by itself is going to get unsafe products off the market or have people use potentially unsafe products in a safe way.

There is a role for publicity, but that is not where the lack is right now. The lack is that there is not a regulatory base. Absent that, I don't think the marketplace will be dramatically affected.

Senator Moss. You are really saying it might have had some temporary effect, but it will soon be dissipated?

Mr. SWANKIN. I would say this. Its impact would be much greaterthe role of education and information and publicity makes a lot more sense, in my opinion-when there is a strong regulatory base also at work than when it is working by itself.

Consumer education programs generally are not effective when they exist in a vacuum. They are much more effective when there is some clout behind them.

Senator Moss. We do thank you, Mr. Swankin, for your testimony and your response to the questions.

Senator Cook is unable to be here this morning and he has been attending these hearings very carefully and closely. If he has some questions and submits them in writing, I asume you would be glad to respond to them in writing and we can put them in the record? Mr. SWANKIN. I would be more than happy to, Senator. Senator Moss. Thank you very much.

(The appendixes to the statement follow:)

APPENDIX No. 1

LIST OF PRODUCTS DESIGNATED NOT ACCEPTABLE FOR REASONS OF SAFETY BY CONSUMERS UNION, 1956-1968

APPENDIX TO STATEMENT OF MR. MORRIS KAPLAN

I. GENERAL HOUSEHOLD APPLIANCES

Clothes Washers and Dryers: Clothes Dryers-July 1957 (1) inadequate strain relief; Aug. 1961 (2) exposed terminal.

Electric Fans: July 1956 (3) inadequately guarded blades; June 1959 (1) excessive leakage current; July 1962 (1) inadequately guarded blades; July 1968 (3) inadequately guarded blades.

Electric Heating Pads: Jan. 1960 (22) inadequate strain relief and excessive leakage current; Oct. 1966 (3) excessive leakage current.

(1) Feb.

Automatic Door Openers (garage): August 1963 (1) pinched wire. Water Heaters including immersible water heaters: (immersible) 1963-excessive leakage current; (faucet) (2) June 1963-excessive leakage

current.

Also wringer washers May, 1962-mechanical hazard.

II. KITCHEN APPLIANCES

Ranges: (1) Mar. 1964-exposed terminal; (2) Sept. 1965 exposed terminal; (4) Oct. 1965-exposed terminal.

NATIONAL COMMISSION ON PRODUCT SAFETY HEARINGS-NEW YORK CITY— OCTOBER 22, 1968

Ovens (able-top): (1) Apr. 1959-long terminal pins; (1) Apr. 1959 excessive leakage current.

Electric Frypans & skillets: (2) May 1958 long terminal pins; (1) May 1958 excessive leakage current; (2) Dec. 1958 long terminal pins; (1) Dec. 1958 excessive leakage current; (2) June 1964 excessive leakage current (1) Feb. 1968 excessive leakage current.

Cutlery & Openers (electric knife): (1) May 1967-inadvertent start. Coffee makers: (3) Jan. 1958-excessive leakage current; (1) Jan. 1958– liquid entering base (leakage current); (1) Dec. 1959-long terminal pins; (5) Dec. 1959-excessive leakage current.

Electric Toasters: (3) May 1956 excessive leakage current; (7) Dec. 1958excessive leakage current; (4) June 1962-inadequate strain relief.

Electric Steam Irons: (3) Feb. 1967-burn hazard from hot water; (1) Feb 1967-excessive leakage current.

Travel Irons: (1) June 1960-excessive leakage current; (3) June 1960no thermostat.

Electric Mixers: (4) Nov. 1959 excessive leakage current; (1) Jan. 1967excessive leakage current.

Electric Blenders: (4) Nov. 1957-liquid entered base (leakage current); (1) Nov. 1960-liquid entered base (leakage current); Nov. 1965-inadver tent start.

Electric Broilers: (6) July 1963-excessive leakage current; (5) July 1963— long terminal pins; (1) Apr. 1965-exposed element; (4) Nov. 1967-excessive leakage current.

Garbage Disposers: (2) Aug. 1959-chunks thrown out; (3) Mar. 1966chunks thrown out.

Griddles: (1) Dec. 1958-long terminal pins; (2) Dec. 1958-excessive leakage current.

Electric Waffle Irons: (2) Sept. 1957-long terminal pins; (1) Sept. 1957— worn insulation (leakage current).

Steam Cooker: (1) May 1962-liquid entered base (leakage current).
Also Dish Drier: (1) Sept. 1961-excessive leakage current.

III. SPACE HEATING, COOKING & VENTILATING APPLIANCES

Humidifiers: (1) Jan. 1965-inadequate strain relief; (1) Jan. 1965 exposed terminal.

Vaporizers: (1) Jan. 1959-long terminal pins; (1) Jan. 1959 excessive leakage current; (5) Jan. 1963-excessive leakage current; (1) Jan. 1968 excessive leakage current; (6) Jan. 1968-inadequate strain relief.

Dehumidifiers: (1) July 1961-exposed terminal.

Space heaters: (4) Oct. 1960-excessive leakage current; (1) Oct. 1960-inadequate strain relief; (2) Oct. 1960-failed drape test; (1) Oct. 1965-hot surfaces; (3) Oct. 1965 excessive leakage current; (1) Oct. 1965 exposed terminal.

V. HOME ENTERTAINMENT APPLIANCES AND EQUIPMENT

TV Sets: (2) Feb. 1956-excessive leakage current; (1) Jan. 1959 excessive leakage current; (1) Mar. 1960- excessive leakage current; (1) Jan. 1962excessive leakage current; (1) Mar. 1962-excessive leakage current; (1) Oct. 1962 excessive leakage current; (1) Nov. 1962 excessive leakage current; (1) Apr. 1963-excessive leakage current; (2) Jan. 1968-X radiation beyond generally accepted limits.

Radios: (2) AM/FM Table Radios Nov. 1956 excessive leakage current; (1) AM Clock Radio June 1958-excessive leakage current; (4) AM Table Radios July 1958-excessive leakage current (when used on house current) (3) AM/FM Table Radios May 1961-excessive leakage current; (5) AM Table Radios Aug. 1961-excessive leakage current; (1) AM Table Radio July 1966excessive leakage current; (1) AM/FM Table Radio Oct. 1966-excessive leakage current; (1) Clock Radio Sept. 1967-excessive leakage current.

Sound and video recording and reproducing equipment: (7) portable phonos Aug. 1957-excessive leakage current; (2) portable phonos June 1962-excessive leakage; (1) current portable stereo phono June 1967-excessive leakage current. Also: Hobby Kits, (4) Nov. 1957-excessive leakage current; Radio Kits, (2) Feb. 1959 excessive leakage current.

Intercoms: (1) Sept. 1957-excessive leakage current; (5) Mar. 1962-excessive leakage current.

Stero Amplifiers: (2) Sept. 1962-excessive leakage current.
Electronic Science Kits: (3) Nov. 1962-excessive leakage current.
Stereo Headphones: (4) Oct. 1967-excessive leakage current.

VI. HOME FURNISHINGS, FIXTURES AND CONSTRUCTION MATERIALS

Electric fixtures, wiring devices: Bathroom light fixtures; (1) Apr. 1967-excessive leakage current.

Indoor-Outdoor Carpeting: (1) June 1968 excessively flammable.

Lamps and Accessories (High Intensity Lamps): Aug. 1968 (3) inadequate strain relief; (2) burn nearby surfaces.

Blankets: Oct. 1964-fire hazard.

Carpets: Oct. 1960-fire hazard.

VII. HOME ALARM, ESCAPE AND PROTECTION DEVICES

Fire Extinguishers: Sept. 1968 (2)-sealing wires made pull-pin safeties too difficult for some adults to remove; (5)-design deficiency likely to cause malfunctioning or failure to operate; Apr. 1968 (1)-contains carbon tetrachloride.

VIII. HOME WORKSHOP APPARATUS, TOOLS AND ATTACHMENTS

Radial Arm Saws: (2) Nov. 1962-could be started inadvertently.
Saber Saws: (1) Sept. 1967-may start inadvertently.

Electric Drills: (3) July 1966-pinched wire.

Electric Sanders: (2) May 1959 excessive leakage current.
Soldering Guns and Irons: (4) Jan. 1967-excessive leakage current.
(Auto) Battery charges: (2) Nov. 1966-excessive leakage current.
Electric Drill attachments: (4) Feb. 1961-no guard under blade.

IX. HOME AND FAMILY MAINTENANCE PRODUCTS

Cleaning agents and compounds: Oven Cleaners: Aug. 1963 (2)-pressurized and alkaline; Sept. 1967 (3)-flammable propellant gas; Feb. 1965 (1)-pressurized and alkaline.

66-631-71-pt. 1-16

Spot removers: Jan. 1968 (2)—excessive toxicity; (14 excessively flammable. Also: Masonry waterproofer, Jan. 1964-flammable.

Room Deodorizers : June 1968 (2)-no fire hazard warning.

Paint Removers: (8)-flammable.

XI. PACKAGING AND CONTAINERS FOR HOUSEHOLD PRODUCTS

Also: Metal wrapped food product: Feb. 1967 (for use in toaster)—excessive leakage current.

XII. SPORTS AND RECREATIONAL EQUIPMENT

Winter sports equipment-Ski Bindings Oct. 1968 (2)-effect of forward weight transfer on the lateral toe release force judged excessively high. (1) could not be made to provide a vertical heel release in CU's tests.

Stationary and Portable Grills-Outdoor grills; June 1961-no grounding provisions.

Choarcoal Igniters: Aug. 1968 (8)-excessive leakage current.
Also: Seat Belt Retractors: (2) Oct. 1966-frayed seat belts.

Seat Belts: May 1956, Feb. 1960 (34) Oct. 1961 (10)-"Other Hazards."

XIII. TOYS

Toy Guns and other toy weapons: June 1966 (1)—deafening gun; Nov. 1968— Zulu gun-stabbing or inhalation hazard.

Games & Kits, including rocketry sets, electric toys and chemistry sets. Electric toys: Nov. 1964 (2)-hot surfaces; (1)-excssive leakage current; Oct. 1968 (2)-metal casting sets-excessive leakage current and burn and fire hazard: Nov. 1968 (1)-toy oven-sharp metal edges; (1)-toy oven--excessively high temperature; (1)-toy grill-strain relief failed; (5)—corn poppers-shock hazards.

Chemistry sets: Nov. 1965 (4)—inadequate caution labels.

Also: Aug. 1959 Plastic Bag Toy (1)-mechanical hazard; Mar. 1961 Toy Carsrigid axles; Nov. 1963 Sleds (1)-sharp points; Feb. 1966 Stuffed Toys-sharp eyes; June 1966-eads-poisonous; July 1967--Plastic balloon toy-fire hazard.

XIV. YARD & GARDEN EQUIPMENT

Power mowers of all types: June 1957 (5) high discharge; (3) rearward discharge; July 1960 (19) exposed blade; (6) rearward discharge; (4) high discharge; (2) loose blade; July 1963 (1) high discharge; (5) exposed blade; (9) rearward discharge; June 1965 (4) high discharge; (10) rearward discharge; (5) exposed blade; (5) poor bandle; June 1966 (1) exposed blade; (1) unshielded belt; (1) user in path of discharge.

Other power garden tools-pruning shears June 1967 (4) latches can injure hand.

Trimmers & Edgers: July 1967 (11) product design inherently hazardous (Electric Edges).

Garden Sprayers: July 1966 (2) top may blow off.

XV. NURSERY EQUIPMENT AND SUPPLIES

Blankts (receiving blankets) May '64-fire hazard.
Bottle warmers: Feb. '67 (8)-excessive leakage current.

XVI. PERSONAL USE ITEMS

Hair Dryers: Nov. 1963 (1)-excessive leakage current.

Also: Electric Toothbrushes: May 1962 (1)-excessive leakage current; Aug. 1962 (1)-excessive leakage current.

Bubble Bath: Aug. 1965-body irritation.

Shampoos: Oct. 1968 (1)-extreme eye irritation.

Facial Sauna: May 1967 (1)—excessive leakage current.

Slip preventative: Sept. 1965 (1)—corrosive chemical.

APPENDIX No. 2

IST OF PRODUCTS MENTIONED IN CONSUMER REPORTS WHERE SAFETY HAZARD IDENTIFIED, 1969-APRIL 1971

Senator Moss. The next witness is Dr. Bergman, from Seattle.
Doctor, we are glad to have you.

Dr. Bergman is with the Children's Orthopedic Hospital, Seattle, Wash.

Doctor, you have been before us previously, and we welcome you back.

STATEMENT OF DR. A. B. BERGMAN, CHILDREN'S ORTHOPEDIC

HOSPITAL, SEATTLE, WASH.

Dr. BERGMAN. Mr. Chairman, I am Abraham B. Bergman, M.D., a physician specializing in the care of children. I am director of outpatient services at Children's Orthopedic Hospital and Medical Center and associate professor of pediatrics and health services at the University of Washington in Seattle. I am a consumer member on the National Advisory Committee for the Flammable Fabrics Act.

This is the third time that I have appeared before this committee testifying about flammable fabrics legislation. The first time was in