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"The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA."

The stay is only relieving the CPSC from having the responsibility of enforcing the law, which is basically buying them more time to figure out how they are going to do that along with addressing all the other concerns.  The press release may be misleading, because the Stay is titled: Stay of Enforcement of Testing and Certification Requirements.  Here is copy of the actual stay draft as submitted for approval.  And, although it relieves mfg’s and other business ..for now…from having to test…it also says (which I’ve underlined and bolded some hightlights),

"The action by the Commission does not stay the requirement that products meet all applicable product safety rules as defined in the CPSIA or similar rules, bans, standards or regulations under any other Act enforced by the Commission."

"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." 

"This stay does not change the underlying standards enacted by Congress, including the toy standard, the phthalates standard or the retroactive lead ban. It especially should be emphasized that because we cannot change the retroactive effect of the lead ban to existing inventory, this stay will not provide relief to the charities, thrift stores and other small retailers who must still meet the standards enacted by Congress. To effect this change, Congress will need to amend the statute."

"I would expect the companies that can do testing and certification, and who have positioned themselves to comply with the law, will do so regardless of the stay. They should not use this stay as an excuse to delay what they are already doing or have planned to do." 

These are just my views and how I read it.  Apparently I wasn’t wrong either as there are a few others who think along the same line.  But, no matter what the fight to get it amended must continue on and starting on Monday!

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More Links about the CPSIA Stay:

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