a regulation or to a standard should be required to have affixed to it in a permanent and legible fashion the name of the manufacturer, the model number, serial number, or other clear identification of the product. I would further like to see that each product which is subject to a standard have enclosed within it a registration card, a product safety registration card, made out very, very clearly to indicate its purpose. I would want that card to be stamped and preaddressed for return to the vendor or to the manufacturer of the product.

The card would have the model number, serial number, and space for the consumer to fill in his name and address.

Senator Cook. This raises a very interesting point, if you do not mind my interrupting a minute. You are talking about sending them back to the manufacturer. There seems to be a serious problem between S. 983 and S. 1797 in regard to importers and exporters. Under S. 1797 the importer is held responsible. The importer can be immediately dealt with. The importer can be made responsible for a recall. The importer can have the information you are talking about.

Let's take the soup situation in New Jersey. Can we compel a foreign manufacturer to recall all of his products in the United States? Mr. CHAUCER. No, sir; but in the case of an imported item you have an importer of record regardless of whether it be a

Senator Cook. Then don't you think this importer ought to be the one who should be responsible and that we should hold him responsible rather than the foreign manufacturer?

Mr. CHAUCER. We most certainly do. We think the importer should be placed in the shoes of the manufacturer and held responsible for the quality of the product.

Senator Cook. You have him immediately available for court. You have him immediately available for injunctive relief. You have him immediately available for recall. If you are dealing with foreign manufacturers, how do you do this? What is our authority? Do we go to Germany or Japan? How do we proceed against them? I know of no

way.

Mr. CHAUCER. We would know of no way other than holding the importer of record responsible.

Senator Cook. If this be the case we put the retailer in the position of recalling; we put the retailer in the position of warehousing; we put the retailer in the position of collecting all of the information. The logical person who should be responsible is the importer.

Mr. CHAUCER. Yes, sir; we feel exactly the same way on that. Senator Cook. Don't you think in the case of the situation in New Jersey right now that if you had a product such as soup that had come into the United States and they are now moving for the corporation to remove over a million cans of soup from the shelves, that if this were a foreign manufacturer the entire cost and responsibility of this removal would fall on the Federal Government? There is not a soul that we could call on really and truly, to assume this burden or assume this cost, if in fact it was a foreign corporation.

The company might say, well, we have already sold everything we have in the United States so let's forget about it. If the responsibility was with importers we would have somebody immediately available for legal action in the United States that could be proceeded against immediately. Isn't this true?

Mr. CHAUCER. Yes, sir; I believe it is.
Senator Cook. Thank you.

Senator SPONG. Thank you, gentlemen.
Senator SPONG. Mr. Robert Willis.

STATEMENT OF ROBERT H. WILLIS, PRESIDENT, CHIEF EXECUTIVE OFFICER, CONNECTICUT NATURAL GAS CORP., HARTFORD, CONN., ON BEHALF OF AMERICAN GAS ASSOCIATION, ARLINGTON, VA.; ACCOMPANIED BY FRANK E. HODGDON, VICE PRESIDENT AND DIRECTOR OF A.G.A. LABORATORIES; AND GEORGE H. LAWRENCE, VICE PRESIDENT AND DIRECTOR OF GOVERNMENT RELATIONS

Mr. WILLIS. Mr. Chairman, I am Robert H. Willis, president and chief executive officer of Connecticut Natural Gas Corp., Hartford, Conn., and chairman of the Consumer Affairs and Safety Committee of the American Gas Association.

I am accompanied here at the witness table by Mr. Frank Hodgdon on my right, vice president and director of the American Gas Association laboratories, and on my left, Mr. George H. "Bud" Lawrence, vice president and director of Government relations for the American Gas Association.

Senator SPONG. Mr. Willis, we are pleased to have you here.

We will receive your prepared statement in its entirety and you may proceed as you wish.

Mr. WILLIS. The association appreciates the opportunity to appeal here today to present its views on the consumer product safety measures now pending before this committee which would institute consumer safety programs designed to offer protection from risks associated with the use of consumer products.

AGA is a nonprofit trade association representing some 300 natural gas distribution and transmission companies. AGA member companies are located in all 50 States and service approximately 92 percent of the 42 million natural gas customers which includes some 150 million of our population in the United States.

AGA has been involved in the formal establishment of standards for gas appliances and accessories since 1925. For 45 years, AGA has operated laboratories for the purpose of testing gas equipment to determine its compliance with established standards and to publicize the results where the model of the appliance submitted has passed the test. I think it would be helpful to provide you with an explanation of the procedures through which standards are developed and the manner in which AGA applies them in its testing and certification program.

BRIEF DESCRIPTION OF PROGRAM

In general the program is as follows: For each category of gas appliance available to the public, there is a standard evolved over the years, which describes the characteristics which must be found in an appliance of that category before it can be described as reasonable in safety, durability, and performance. A manufacturer who desires to manufacture appliances which conform to the standards for that category enters into a written contract with AGA setting forth the

basis on which he can affix to such appliances the AGA registered certification mark. This mark, known as the Blue Star, is a five-pointed star in a circle, containing the name "American Gas Association, Inc." and the words, "Certified-Design Complies With National Safety Standards." (A copy of the American Gas Association's Blue Star Certification Program pamphlet is attached to this statement as appendix A.) The manufacturer then submits a prototype of the appliance to the laboratories for testing against the standard.

If the design of the appliance meets the standard, a certificate to this effect is issued to the manufacturer. He is then authorized to put the seal on production units which he manufactures in conformity with the tested prototype. This appliance is also listed in a directory of Certified Appliances and Accessories published by AGA. The certificate is in force for 1 year. However, upon satisfactory inspection under the contract the appliance may be recertified each year, up to a total of 5 years. At the end of 5 years, the appliance must be retested against the then current standard if the manufacturer wishes to continue using the Blue Star seal.

Our engineers make one scheduled and at least one unscheduled visit each year to each manufacturer to check production line models for conformity with the certified design and specifications. In the event that any of these inspections or a complaint indicates that models are being sold which do not conform, AGA can withdraw its certificate and under its contract can require the manufacturer to go into the field and make corrections or remove the seal from all such appliances which he has sold.

STANDARDS ACTIVITIES

Any product certification program must be based on standards. AGA's activities with respect to the establishment and updating of standards are extensive.

AGA does not write the standards which are employed in its product certification program; rather it supports such work by providing financial and administrative assistance-a function characterized in standards work as sponsorship-and its members participate in standards writing. AGA's involvement in standards work is supervised by a committee of the AGA board of directors called the Standards Committee. It is responsible for AGA's policies on standardsmaking.

The fundamental policy of AGA is that all AGA-sponsored standards projects should be, whenever possible, carried on under the auspices of the American National Standards Institute (ANSI) and under the rules and procedures of that institute. The reason for this is that AGA wishes to promote, not dominate, the establishment of standards.

The AGA Standards Committee designates uninstructed AGA representatives to standards-making groups, whether sponsored by AGA or others, although it will not designate more than a minority on any committee. In the case of standards developed by AGA-sponsored ANSI Standards Committees, the AGA Standards Committee transmits completed work to ANSI. Since the AGA Standards Committee does not develop standards, it cannot revise, delete from, or add to proposed standards delivered to it by a sponsored ANSI Standards

Committee; nor can it withhold submission to ANSI of any proposed standard received from a sponsored ANSI Standards Committee. The ANSI Committee which develops the revised standards for domestic and commercial gas appliances is known as "ANSI Standards Committee Z21 on Performance and Installation of Gas-Burning Appliances and Related Accessories." Under ANSI procedures, each such committee must have a sponsor. AGA, because of its concern for the safety of the appliances through which its members serve the consumers, acts as sponsor for the Z21 Committee. This means that AGA provides that secretarial and technical assistance necessary to permit the Z21 Committee and all its many subcommittees and various working groups to perform. AGA spends about $200,000 each year on this. function. All of this money comes from dues paid by AGA members primarily gas utility companies. No funds are contributed by manufacturers of gas appliances.

AGA not only sponsors the activities of the Z21 Committee, but representatives from member companies also are designated to participate as members of Z21. Under AGA policy it will not designate more than one-quarter of the total membership of the 40-member committee. Manufacturers of appliances comprise roughly another quarter of the membership; the remainder represent the public interest through appointees from such agencies and organizations as the U.S. Public Health Service, U.S. Bureau of Mines, U.S. Department of Agriculture, Federal Housing Administration, American Home Economic Association, National Fire Protection Association, and fire insurance associations.

Since the Z21 Committee is involved with some 50 standards, responsibility is divided among 23 subcommittees organized along product lines such as water heaters, ranges, and heaters. Subcommittee chairmen and members are appointed by the Z21 chairman. Each subcommittee works as a task force to prepare draft standards or draft revisions of the standard or standards within its purview. A subcommittee's members generally are divided about equally between manufacturers and gas utilities, and where appropriate, there is representation from other interested organizations.

Attached as appendix B is the scope and a list of the members of the ANSI Standards Committee Z-21. This committee coordinates the work of 23 subcommittees, each concerned with a type of appliance or gas system in domestic use, and another six subcommittees which deal with commercial and industrial appliances and systems. Not only do these subcommittees concern themselves with the appliances and systems, but also with standards for installation, safety shutoff devices, regulators, and other key components.

As with the Z-21 Committee, membership of this subcommittees includes representatives not only from the gas industry and gas appliance manufacturers, but also from other associated organizations, including governmental agencies.

Proposals for additions to, deletions from, or changes of an existing standards may come from any source. Anyone can suggest or recommend a new standard. Usually such proposals originate with public officials, manufacturers, or utilities. Each proposal is channeled to the appropriate subcommittee for consideration and placed on a meeting

agenda. Any interested person may attend any meeting, and it is at such meetings that decisions are reached as to whether a revision or a new standard may be needed.

When a subcommittee drafts a proposal for a new standard, or a revision of or deletion from an existing one, the draft text is circulated widely to appropriate government agencies, manufacturers, utilities, and others for review and comment. Draft proposals for all gas appliance and equipment standards are distributed to ANSI, to all members of the AGA Standards Committee and ANSI Standards Committee Z-21, and to all chairmen of Z-21 subcommittees, in addition to people in gas companies, inspection officials (State, county, and municipal), and individuals who have expressed interest in reviewing all proposed revisions. In addition, proposed texts covering a given category of appliance or accessory are also sent to all known manufacturers of the product concerned, and many manufacturers by their request receive texts covering other cateogries in which they may have a direct or indirect interest. For example, a proposal concerning range thermostats would go both to range and to thermostat manufacturers. Their review and comment drafts are also available to anyone else requesting them and often a number of such requests are received. This is especially true in the case or proposed revisions to the Z-21.30 Standard for Installation of Gas Appliances and Gas Piping.

A minimum of 30 days, and usually 5 or 6 weeks, is allowed for receipt of comments. The returns are then studied by the subcommittee. Depending upon the comments, the proposal may be accepted or rejected, or appropriate changes made in the draft. If substantive changes are made, the subcommittee will usually resubmit the revised draft to those persons who received it in the first instance. Any new comments are considered and a proposed text is prepared for consideration by the main standards writing commitee, ANSI Standards Committee Z-21.

When at least 80 percent of the subcommittee agree on a proposed text, the text is submitted to the Z-21 Committee. Z-21 discusses each proposal, and hears anyone who wishes to put his views on the proposal before the committee. The proposal may then be accepted in whole or in part. If Z-21 believes that sufficient agreement has not been reached, it may refer the text back to the subcommittee for further consideration. It may alter or clarify a draft text, and in some cases has directed a subcommittee to prepare and submit prescribed revisions to industry for review and comment. Z-21, like its subcommittees, requires at least an 80 percent affirmative vote to approve a proposal. Anyone casting a negative ballot on a proposal before Z-21 must give his reason for so voting. This sometimes causes others to change their views and votes. When the committee feels that it has reached sufficient agreement, the proposal is submitted to the sponsor for transmittal to ANSI for approval as an ANSI standard.

The proposed standard is submitted to the ANSI Board of Standards Review. Under ANSI procedures, the BSR is responsible for the judicial function of determining whether or not a consensus exists of those substantially concerned with the scope and provisions of a proposed American National Standard.