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Archive for the ‘CPSIA’ Category

"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:

January 30, 2009 – The Consumers Union along with 5 other groups sent a letter to President Obama urging him to appoint new leadership in the CPSC that will help address concerns about who exactly is affected by the CPSIA as well as other concerns about which products are included.

"Unfortunately, the current CPSC leadership, which is responsible for implementing this critical new law, has delayed taking the necessary steps to ensure its successful implementation. As a result, the agency has not properly addressed concerns being raised by small businesses, home crafters, thrift stores, book publishers, and libraries among others. These concerns involve, for example, establishing common-sense exclusions from lead testing for textiles and paper-based books that are proven to be lead-free, component part testing where appropriate for lead and phthalates, and clear guidance for thrift stores. This did not have to be the case. The CPSIA already includes mechanisms for solving these legitimate concerns raised by these groups in a manner that protects the public health.

As a result, this has created a climate of confusion and is contributing to broader efforts to undermine consumer safety in this nation. Effective leadership at the CPSC is urgently needed to help implement the law as intended, to provide common sense interpretations of the law, and to clarify pervasive misstatements and confusion about this consumer protective law."

The CPSIA – the Consumer Product Safety Improvement Act, a law passed August 2008 and is suppose to be enforced February 10, 2009 has been under attack with the way the law is written since the bill was passed last year.  The CPSC, although has been given the authority as written in the law to address concerns and provide exemptions to the rule as needed, is saying they don’t have that authority. 

Clearly everyone is fed up with the CPSC skirting their allowed responsibilities and dancing around the issues. 

January 30, 2009 – The Association for Library Service to Children reports that on February 2, 2009 the CPSC will post on their website that the the CPSC will postone enforcement of the CPSIA on books in library collections until further investigation.  This doesn’t mean they are off the hook.  Only that enforcement has been postponed for awhile.