The Consumer Product Safety Improvement Act (CPSIA) of is a United States law signed on August 14, by President George W. Bush. The legislative bill was known as HR , sponsored by Congressman. Consumer Product Safety Improvement Act (CPSIA) Compliance Solutions. At the end of , the U.S. Consumer Product Safety Commission (CPSC) voted to. CPSIA stands for the Consumer Products Safety Improvement Act of Total Lead Content (US CPSIA Act of H.R. , Title 1, Section ).

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A range of implementation issues have arisen, including uncertainty about possible exemptions to and appropriate compliance with new standards, compliance with testing and certification requirements, disputes about Commission interpretation of new standards, and the particular concerns of small businesses and of non-profit resellers.

In addition to strengthening the regulatory and enforcement authority of the Consumer Product Safety Commission, the new law established new safety standards, such as those for lead content and phthalates, and testing and certification requirements, focusing particularly on children’s products. Consumer attention and concern were roused by several well-publicized national recalls of various toys and children’s products.

In addition to strengthening the regulatory and enforcement authority of the CPSC, the new law established new safety standards, such as those for lead content and phthalates, and testing and certification requirements, focusing particularly on children’s products.

A range of implementation issues have arisen.

Consumer Product Safety Improvement Act (CPSIA) Compliance Solutions

New safety standards and testing and certification requirements have caused confusion and concern about possible exemptions to and appropriate compliance with new standards, compliance with testing and certification requirements, and disputes about CPSC interpretation of new standards. Increased statutory penalties and potential applicability of certain state laws have added to uncertainty about what constitutes compliance with the new requirements of the CPSIA.

This report will describe the new requirements for certification and testing and the effect of the stay of enforcement of these requirements announced by the CPSC, certain new safety standards established by the CPSIA and related implementation actions and issues, implementation issues faced by small businesses and second-hand retailers, and legislative proposals to amend the CPSIA to provide for exemptions from certain requirements and for special consideration for small businesses and second-hand retailers.

Not all products that might be considered consumer products under the general definition are subject to consumer product safety laws administered and enforced by the Consumer Product Safety Commission CPSC. The CPSC also has jurisdiction over amusement rides that are not permanently fixed to a site but rather are part of a travelling carnival or show, but does not have jurisdiction over rides that are permanently fixed to hr40440 particular site. The CPSC has no authority to regulate any risk of injury associated with electronic product radiation emitted from an electronic product if such risk may be regulated under the Public Health Act the Food and Drug Administration.

Some of the new requirements established by the CPSIA necessitated a definition of what constituted a “children’s product. Several factors are to be considered in determining whether a product is primarily intended for a child 12 years of age or younger, including:.

There are two types of compliance certification requirements: Until a third-party testing requirement takes effect for a safety standard applying to children’s products, a general conformity certification applies hg4040 that safety standard.

The certification requirement applies to products manufactured on or after November 12, The third-party testing and certification requirements take effect at different times, on a rolling basis. The CPSIA added a requirement that the certificates must ”accompany” each product or shipment of products subject to the certification requirements and be ”furnished” to each distributor or retailer of the product. In addition, a copy of the certificate must be ”furnished” to the CPSC upon request.

Under the CPSA as amended by the CPSIA, the CPSC has the authority to designate by rule whether the manufacturer hhr4040 importer or private labeler must issue the required certificate and to relieve the other parties from the requirement to furnish certificates.

The CPSA requires all manufacturers and importers—not just those that manufacture cppsia import children’s products—to certify they have complied with all applicable safety rules, bans, standards, and regulations under statutes enforced by the CPSC.

Applicable safety rules do not include voluntary safety standards, only mandatory standards, such as those in title 16 of the Code of Federal Regulations, that have been promulgated under a statute enforced by the CPSC. The manufacturer or importer may determine for itself what constitutes a reasonable testing program.

Generally, the CPSC does not examine or investigate the testing br4040 of a particular manufacturer or importer, although the CPSC can prescribe what constitutes a reasonable testing program for a particular safety standard. The CPSIA did not cpsai the general conformity certification requirement, but expanded the certification requirement’s scope to all safety standards under all statutes enforced by the CPSC.

Previously, the requirement only applied to safety standards under the CPSA.

Because of the expanded scope of this requirement and the new safety standards under the CPSIA, products that previously were not subject to this requirement now are, to the surprise of some manufacturers and importers. The CPSIA also added products imported for consumption and warehousing to the list of products requiring general conformity certification.

Unlike the general conformity certification requirement, the requirement for testing and certification of children’s products was newly established by the CPSIA. As noted in the previous section, for the general conformity certification, determining and assuring compliance with safety standards was largely left up to the manufacturer or importer. The Senate report for S.

Testing may be done by in-house, proprietary laboratories of a manufacturer only under certain conditions, such as firewalling insulation and independence from influence and direction of the manufacturer concerning testing and appropriate accreditation.

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The CPSIA required the CPSC to issue accreditation requirements for such laboratories and maintain a list of accredited laboratories and set deadlines by which the CPSC was required to publish accreditation requirements based on the type of product being tested by the laboratory.

The staggered deadlines facilitated gradual phasing in of the new requirements. The CPSIA required the accreditation requirements related to the testing of other children’s products to be published as early as practicable, but no later than June 14,or, for safety rules established or revised on or after August 14,not later than 90 days before such rules take effect.

The accreditation guidelines for certain products have been completed and testing and certification is already in effect for those safety standards.

Consumer Product Safety Improvement Act (CPSIA) Compliance Solutions

The CPSIA requires testing and certification for any children’s product manufactured more than 90 days after the laboratory hr4004 guidelines are published for a safety standard. Based on the actual publication date of the relevant accreditation guidelines, certification and testing is required for lead paint on children’s products manufactured after December 21, ; for cribs and pacifiers manufactured after January 20, ; for children’s products with small parts manufactured after February 15, ; and for children’s metal jewelry manufactured after March 23, The CPSC has announced a stay of federal enforcement for certain certification and testing requirements for one year, effective February 10, There is no stay of enforcement for certification and testing that had already been implemented or for which the accreditation guidelines cpsua already been published as of the date of the stay.

The CPSC stay of enforcement also does not stay enforcement by state attorneys general, so theoretically, a state could ccpsia the certification and testing requirement.

For example, a state could enjoin sales and distribution in that state of products that do not comply with this requirement. The implementation of new product standards for lead and phthalates in particular have caused controversy. CPSC has no authority to delay or suspend the safety standards and on these grounds has declined to stay effective dates. The new standard for lead content in children’s products has provoked consternation among manufacturers of some products who assert that there should be an exemption for certain products presenting a “low risk” of exposure to lead.

Lead in paint standards have existed since the s. The current regulatory standard prohibits the use on children’s products and furniture of paint or other surface coatings with a lead content exceeding 0.

The more stringent standard will take effect August 14, A CPSC Office of General Counsel memorandum concerning the application of CPSIA lead standards to inventory clarifies that inventory of noncompliant products may not be sold after the new standard for lead in paint takes effect on August 14, If ppm is not technologically feasible, the CPSC must set the lowest level that is technologically feasible. After promulgating either the ppm level or the lowest level technologically feasible, the CPSC is required to review and lower the limit at least every five years.

The CPSC Office of General Counsel memorandum concerning lead standards and inventory concluded that inventory of noncompliant products may not be sold after the effective dates of each phase of the lead standard. The CPSC has issued several proposed and final regulations with regard to various authorized exemptions. Through a rulemaking with notice and opportunity for a hearing, the CPSC may exempt certain noncompliant materials or products from being subject to the standard if it determines on the basis of the best-available, objective, peer-reviewed, scientific evidence that the lead in the products or materials will not “result in the absorption of any lead into the human body The rule does not specify any timeline for a final decision by the CPSC and provides that the filing of an exclusion request does not stay the lead standard or related certification or other requirements for the subject of the request pending a final decision by the CPSC.

The lead content standards under the CPSIA shall not apply to any inaccessible component parts of a children’s product. A component part is not accessible if it is “not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product.

Reasonably foreseeable use and abuse shall include to [sic], swallowing, mouthing, breaking, or other children’s activities, and the aging of the product to a child during normal and reasonably foreseeable use and abuse of the product. If the CPSC determines that it is not technologically feasible for certain electronic devices to comply with the lead standard, it must also issue requirements to minimize exposure or accessibility to lead in those devices.

Such requirements may include a child-resistant cover that prevents exposure to and accessibility of the parts containing lead. For the purpose of the exemptions described above, paint, coatings, or electroplating are not considered to be a barrier that would render lead in the substrate inaccessible to a child, or to prevent absorption of any lead into the human body. The CPSC has proposed a list of inherently lead-free materials, including precious metals and all-natural-fiber textiles 37 and has also issued a Statement of Commission Enforcement Policy on Section Lead Limits.

In its response to comments by ATV manufacturers on the rule regarding the procedure for applying for and granting exclusions of noncompliant products from the standard, the CPSC asserted that the pertinent statutory language does not allow it any discretion to grant the requested exclusion. Specifically, the CPSC concluded that allowing exclusions where “no meaningful increase” in lead levels in the human body could occur meant that exclusions would be permissible only in cases where the lead in a product or material will not result in the absorption of any lead into the human body.


However, the CPSC announced in the Commissioners’ statements accompanying the vote that the Commissioners and staff were working to develop a plan to stay enforcement of lead content standards as applied to ATVs. United States Consumer Prod. Safety Comm ‘ n49 a lawsuit filed by consumer advocacy groups, 50 a federal district court struck down an advisory opinion of the CPSC’s Office of General Counsel OGC that interpreted the phthalates ban as applying only to products manufactured after the effective date of the new ban February 10, and thus effectively permitted the continued sale of existing noncompliant inventory after February 10, The CPSC did not appeal the court’s decision.

The sale of children’s toys that can be placed in the mouth or child care articles containing concentrations of more than 0. It defines “children’s toy” as “a consumer product designed or intended by the manufacturer for a child 12 years of age or younger, for use by the child when the child plays.

The provision does not restrict phthalate alternatives. Section also clarified any preemptive effect these standards would have on state laws. Non-identical provisions are preempted, unless a state applies for and the CPSC grants an exemption for stronger protections under state laws, and the federal law would not preempt restrictions on phthalate alternatives. For example, the federal law is not identical to the state laws with regard to the definitions of toys, children’s products, or children’s articles, and the age group for which these consumer products are intended.

The CPSC General Counsel has issued advisory opinions regarding the applicability of the phthalates ban to apparel and shoes. Even shoes designed in a whimsical manner designed to appeal to children, generally would not be considered toys. In public meetings conducted by the CPSC staff with regard to the CPSIA implementation, the staff has also acknowledged the issues posed by some home design items and sporting goods.

With regard to certain sporting goods, such as inflatable balls or wading pools, it may be unclear whether the product, when deflated, can normally be mouthed by a child. In addition to the advisory opinions, the CPSC has made available draft guidance regarding what children’s products are subject to the phthalates ban; the guidance elaborates on what constitutes a toy, a toy that can be placed in the mouth, or a child care article.

The statute requires manufacturers to use the least toxic alternative when replacing phthalates in such products and also prohibits them from replacing phthalates with certain carcinogens including substances known, likely to be, or suggestive of being human carcinogens or reproductive toxicants identified in accordance with federal or California laws.

California defined “toys” as “all products designed or intended by the manufacturer to be used by children when they play,” 59 and “child care article” is defined as “all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

The California Attorney General concludes. As of January 1,it will be illegal to sell, distribute, or manufacture toys and child care articles in California with greater than 0.

The Attorney General, and other public enforcers, can and will enforce California’s phthalate ban after that date. The revision is subject to review and adoption or partial adoption by the CPSC. Also, states may petition the CPSC for exemption from preemption of state standards.

Several states have already done so. In addition to issues of exemption for specific product categories or the delay of certain requirements of the CPSIA, small businesses and second-hand resellers have asserted that they have particularly suffered a severe economic impact from the CPSIA.

Small businesses have asserted that the CPSIA disproportionately affects them with regard to inventory loss due to noncompliance with the new lead and phthalates standards and the costs of third-party testing. They have sought relief, either administratively or legislatively, from the application of the new requirements to small businesses.

CPSIA / HR4040

The CPSIA does not expressly permit consideration of the needs of small businesses in the implementation or enforcement of the new requirements, that is, there is no small-business exemption from the requirements. Accordingly, the CPSIA permits the consideration of exemptions based on the threat to public safety posed by types of products or product components, not based on the type of manufacturer or ability of the manufacturer to comply with safety standards. Some small businesses apparently have asserted that manufacturing does not include final “assembling” of component parts, therefore, the work performed by certain small businesses is not manufacturing because it only constitutes “assembling.

The CPSA does not define manufacturers or consumer products subject to consumer product safety laws in terms of the size of the manufacturer, production volume, or method of manufacture such as mass-production versus handmade production. It defines “manufacturer” as “any person who manufactures or imports a consumer product” 67 and defines “manufactured” as “to manufacture, produce, or assemble.

The CPSC has asserted that it has no authority to stay the effective date of the actual safety standards for anyone; 69 therefore, there has been no stay of safety standards for small businesses that might suffer a greater economic impact from the requirements of the CPSIA.

However, pursuant to existing laws, the CPSC generally considers the needs of small businesses in promulgating regulatory standards pursuant. Second-hand resellers are not satisfied with CPSC guidelines which advise resellers that they have one of four choices for a product, as a practical matter: For example, exactly what constitutes knowledge that a product complies with safety standards is unclear.

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