CPSC Outlines Criminal Referrals to Curb Overcriminalization in Safety Rules
Published Date: 5/14/2026
Notice
Summary
The Consumer Product Safety Commission (CPSC) is sharing its plan to handle criminal enforcement under new rules from the President’s Executive Order on fighting overcriminalization. By May 11, 2026, CPSC will report all criminal offenses it enforces, the penalties involved, and the required mindset for violations. This helps make sure rules are clear and fair, affecting businesses and anyone dealing with product safety laws.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Factors CPSC will weigh before DOJ referrals
The CPSC announces a general policy that, subject to exceptions and law, its officers should consider specific factors before deciding to refer alleged criminal regulatory violations to the Department of Justice. Those factors include harm or risk of harm, whether an offense is strict liability (no mens rea), potential gain to the defendant, whether the defendant had specialized knowledge or a related license, and evidence of the defendant's awareness of the unlawfulness.
CPSC will list criminal offenses
By May 11, 2026, the CPSC will give the Office of Management and Budget a report listing all criminal regulatory offenses the CPSC or DOJ can enforce, the range of possible criminal penalties for each, and the mens rea (state of mind) required to convict. This listing will be produced in consultation with the Attorney General under Executive Order 14294.
Statutes, not regs, create crimes
The CPSC states that its regulations do not themselves create criminal penalties; criminal penalties exist only through underlying statutes. The CPSC will list any statutes that provide for criminal penalties, including strict liability offenses found in 16 CFR subchapters B, C, D, E, and F.
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