TIA Reminds Members of Call for Comments on CPSC Updates Pertaining to the CPSIA

Focused Attention Needed on New Publicly Available Database 

As noted in the TIA members-only Legislative Bulletin (L-03 | May 2010) and corresponding news item (May 13, 2010), the U.S. Consumer Product Safety Commission (CPSC) is taking a number of actions to progress various aspects of the U.S. Consumer Product Safety Improvement Act (CPSIA).

Among these, a Notice of Proposed Rulemaking was issued regarding the development of a publicly accessible, searchable database on the safety of consumer products and other products or substances regulated by the CPSC was published for comment in the Federal Register dated May 24, 2010.

The draft proposed rule contains the interpretation of statutory requirements concerning the information to be included in the database. Also included are interpretations regarding submitting reports of harm, providing the notices of reports of harm to the manufacturers of the products in question, publishing the reports of harm - as well as manufacturer comments - in the database, and procedures for dealing with confidential or materially inaccurate information.

The CPSIA requires that the public database be established by March 2011.

TIA will be developing written comments on behalf of the toy industry.   Members are requested to provide input to TIA as soon as possible, but no later than July 9th, for inclusion in the compilation of input that will be prepared and submitted to the CPSC by the July 23rd deadline.

Should a company wish to submit comments directly to the CPSC, instructions for submitting comments can be found in the Federal Register notice (Reference Docket No. CPSC-2010-0041).

The Legislative Bulletin also provided updates on three items that have been authorized for publication in the Federal Register for 75-day public review and comment periods: 

• Proposed Interpretive Rule Defining "Children's Product" Subject to CPSIA
  TIA has issued a call for comments from TIA members and industry stakeholders on a proposed rule that provides interpretive guidance on a definition of consumer products that are “primarily children's products” under the CPSIA. In determining whether a product is intended for a child 12 years old or younger, CPSC staff said it considers the product's potential uses, manufacturer's description of the product's intended use, the marketing campaign, and the presence of characteristics distinguishing children’s products from others. Toy products recognized by existing age grading guidelines and in the marketplace as reasonably intended for persons over the age of 12 are not subject to the CPSIA lead requirements, though they do remain subject to ASTM F-963 requirements.
  
  CPSC staff will also be collecting and posting practical examples of determinations the Commission has addressed to help manufacturers understand the criteria the agency uses to define products for children. The Commission will be charged with analyzing many product features before designating it as a “children's product,” and will have to evaluate children's products on a case-by-case basis. 
  
  Comments are due to the CPSC by Monday, June 21st.  Instructions for submitting comments can be found in the Federal Register notice (Reference Docket No. CPSC-2010-0029).
  
  
• Proposed Rule on Testing and Labeling Pertaining to Product Certification
  This proposed rule establishes requirements for a reasonable testing program and for various testing requirements for children's products (e.g., testing random samples, verifying compliance, and safeguarding against undue influence on third party testing facilities). It allows manufacturers to label products as compliant with CPSC safety requirements and – in line with a request for flexibility suggested by TIA – provides for reasonable quality assurance programs as a means of assuring compliance to CPSIA requirements. 
  
  Comments to CPSC are due by August 3, 2010.  Instructions for submitting comments can be found in the Federal Register notice (Reference Docket No. CPSC-2010-0038).
  
  
• Proposed Rule on Component Part Testing
  This proposed rule sets forth conditions and requirements for testing component parts of consumer products.  While similar to the current Interim Enforcement Policy on Component Testing and Certification, this version clarifies that a manufacturer or importer may rely on supplier tests and certifications provided that the components can be traced throughout the entire supply chain and that manufacturers are responsible for assuring that supplied components are not substituted or contaminated during production.
  
  Comments to CPSC are due by August 3, 2010.  Instructions for submitting comments can be found in the Federal Register notice (Reference Docket No. CPSC-2010-0037).