|
S-4 | January 2009
CPSC Stay of Enforcement Fails to Provide Necessary
Relief to Toy Industry
CPSC Votes to Postpone Testing and Certification
Requirements for New Toy Regulations but Cannot Change Statutory
Requirements for Compliance with New Standards
January 31, 2009 - The Consumer Product Safety
Commission (CPSC) voted late on Friday to postpone for one year the
enforcement of testing and certification requirements under Section 102
(a) of the Consumer Product Safety Improvement Act (CPSIA). The
postponement does not apply to the February 10, 2009 effective date for
lead content, phthalates content, and other mandatory standard
requirements defined in the CPSIA.
The CPSC was given an ambitious task of implementing CPSIA
requirements in a short timeframe and TIA appreciates that the
Commission is trying to find a solution for the problems.
Yesterday’s Stay represents recognition by the Commission that the
original timetable to meet new testing and certification requirements
for thousands of different children’s products could not
reasonably be met. CPSC must now clarify the new testing and
certification requirements in a comprehensive regulation quickly so that
businesses have clear direction of requirements prior to the manufacture
of products.
The Commission also noted that Congress needs to provide
modifications to the CPSIA itself so unintended consequences that harm
the economy can be corrected. TIA agrees. It is now up to
Congress to address the key issues.
What the Stay Does Not Do:
Congressionally-Imposed Lead Limits Remain Unchanged
CPSC did not postpone the February 10, 2009 effective date of
the lead content requirements of CPSIA Section 101 (a)(2). This was a
key change requested by 67 industry groups – including TIA and the
National Association of Manufacturers – in a letter dated January 28, 2009. TIA and other
industries are also awaiting greater clarity from CPSC regarding the
definition of accessible components and exclusion of certain products or
materials. Read
more.
Yesterday’s Stay only applies to testing and certification, not
to the sale of products that do not comply with applicable mandatory
safety standards. This means that the 600ppm lead content standard for
accessible components set by Congress remains. However the need to test
and certify compliance is now being put off for a year while CPSC
develops implementing rules.
Chairwoman Nord highlights in her written statement:
It is important to clearly understand what the stay does and does
not do. The stay of enforcement of the testing and certification
provisions will give some temporary and limited relief to small
manufacturers, home-based businesses and crafters who cannot comply with
the law without incurring substantial testing costs. However, the stay
does not relieve them of complying with the underlying requirements
enacted by Congress and which go into effect on February 10, 2009,
dealing with lead, phthalates and a number of other toy standards. Any
changes to these requirements will need to be addressed by
Congress.
The stay of enforcement does not provide relief for the
charities, thrift shops, resellers and small retailers who are impacted
especially hard by the retroactive effect of the lead ban to existing
inventory. While these groups do not have a legal requirement to test
their inventory, they must meet all standards enacted by Congress.
Thrift shops, charities and other sellers will have to decide whether
they will continue to sell children's clothing and other products that
have not been tested, even though no one has suggested that they are
unsafe. The retroactive nature of the lead ban has caused much of the
concern that has been voiced over this law but Congress will need to
address that issue; the CPSC cannot.
Not All “New” CPSIA
Certification Requirements Have Been Postponed
The one-year Stay applies to many of the new required testing and
certifications required under CPSIA Section 102 which go into effect on
February 10, 2009, including: new total lead content limits (600 ppm),
phthalates limits for certain products (1000 ppm), and mandatory toy
standards, among other things. Manufacturers and importers of
children’s products will not need to test or certify to these new
requirements until otherwise advised by the Commission.
However, the Stay specifically excludes and does not apply
to:
- The four requirements for third-party testing and certification of
certain children’s products subject to the:
- Certification requirements applicable to ATV’s manufactured
after April 13, 2009.
- Pre-CPSIA testing and certification requirements, including for:
- automatic residential garage door openers,
- bike helmets,
- candles with metal core wicks,
- lawnmowers,
- lighters,
- mattresses, and
- swimming pool slides.
- Pool drain cover requirements of the Virginia Graeme Baker Pool
& Spa Safety Act.
TIA members are cautioned that third party verification and
certification of compliance are still required for existing lead paint
and small parts regulations and are unaffected by this Stay.
Changes to the Underlying Law Are Still Needed for Many
Industries
The Commission’s action on January 30 is intended to
provide some relief to the requirement that testing and certifications
be provided to demonstrate compliance with the completely new CPSIA
standards which have not yet been clarified by regulations. This action
does not change the limits established by Congress but is tacit
recognition that enforcement is impractical until regulations are
developed and clearly communicated. A legislative solution will be
necessary to provide actual relief to many businesses struggling to
comply with this new law. TIA will continue its aggressive efforts to
obtain this relief.
TIA Continues to Pursue Congressional Action
TIA will continue to vigorously lobby Congress to postpone the effective
dates for the CPSIA until the House and Senate can consider badly needed
technical amendments. Tens of thousands of letters from representatives
of the toy and other youth-related products industries have already been
sent to Congress and the Commission warning that unwarranted aspects of
the Act could have a catastrophic impact on companies large and
small.
Today, TIA members are again encouraged to send
a letter to Members of Congress asking that they postpone the
February 10 CPSIA effective date and modify the Act itself so unintended
consequences that harm the economy can be corrected.
Click
here to contact your representatives in Congress.
Related Links
Commission Press Release on Stay of Enforcement
Nord Statement on Stay
Federal Register Notice of Stay
For questions concerning the above matter, send an email to cpsiainfo@toyassociation.org
or visit the CPSIA
Resource Page.
|
