Susan DeRagon

CPSIA Update - May

It’s been a busy month for CPSC, and it’s not even over yet!  I’d like to take this opportunity to provide an update of May CPSIA activities to date.

Section 101 - Stay of Enforcement of Lead Content Limits for Certain Youth Motorized Recreational Vehicles.  Products covered under this stay are youth all-terrain vehicles, youth off-road motorcycles, and youth snowmobiles.  The stay applies to battery terminals containing up to 100% lead and components made with metal alloys, and the stay is in force until May 1, 2011.  In simple terms, this means that the CPSC will not prosecute based on lead content in the covered components – but also requires each manufacturer of these products to provide to the Commission with a comprehensive plan by November 1, 2009 on how and when they plan to reduce the lead content to bring it within CPSIA limits.

The Bicycle Product Suppliers Association also applied for exclusion from the lead content requirement for certain parts of bicycles, jogger strollers, and bicycle trailers – specifically those parts made with metal alloys.  The requested exclusion was not granted.

Section 103 – CPSC held a public meeting on May 12 regarding Tracking Labels for Children’s Products.  The forum included speakers from industry organizations such as Retail Industry Leaders Association, Fashion Jewelry Trade Association, National Bulk Vendors Association, and American Apparel and Footwear Association.  The purpose of the forum was for the Commission to gather more information and, unfortunately, they did not provide guidance about implementation of the tracking label provision.  The Commission also did not reach agreement on the requested Stay of Enforcement by the National Association of Manufacturers for the Tracking Label provision.  Thus, unless a stay is granted, the tracking label requirement will apply to children’s products manufactured as of August 14, 2009. 

Section 106 – The Commission voted unanimously to adopt ASTM F963-08 as the mandatory toy safety standard.  ASTM F963-08 is the revision to ASTM F963-07 which became mandatory on February 10, 2009.  This revision includes (but is not limited to) additional requirements for magnets in toys, impaction hazards, jaw entrapment, and folding mechanisms.  Excepted from the CPSC adoption are the Flammability requirements and the Toy Chest changes.

Section 108 – Chronic Hazard Advisory Panel (CHAP) Questionnaire to be sent to panel candidates.  Per CPSIA, there are three phthalates (DINP, DIDP, DnOP) that are under an Interim prohibition, pending further study by the CHAP.  Once appointed, the CHAP has 18 months to complete their examination and subsequently provide recommendations to the CPSC on whether or not the Interim prohibition should become permanent.

Lastly, the CPSC published their CPSC Handbook for Resale Stores and Product Resellers (CPSC Publication #254).  The Handbook provides advice to resellers on their obligations under CPSIA and other consumer product safety laws, and what they can and cannot sell.

To stay informed on the CPSIA, you can receive automatic email notices by signing up on CPSC website (www.cpsc.gov).  In addition, you can receive STR newsletters and news alerts on CPSIA and other consumer product safety news by signing up at www.STRQuality.com.

Posted by Susan DeRagon on May 19, 2009 | Comments (0)