02 February 2009

CPSIA : 1 year stay on testing and certification

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

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.

The stay will remain in effect until February 10, 2010, at which time a Commission vote will be taken to terminate the stay.

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.

Handmade garment makers are cautioned to know whether the zippers, buttons and other fasteners they are using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

The stay of enforcement on testing and certification does not address thrift and second hand stores and small retailers because they are not required to test and certify products under the CPSIA. Guidance for these companies that can be found here: CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February Guidance Intended for Resellers of Children’s Products, Thrift and Consignment Stores.

The stay does not apply to: four requirements for third-party testing and certification of certain children’s products subject to:
  • The ban on lead in paint and other surface coatings effective for products made after December 21, 2008;
  • The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009;
  • - The ban on small parts effective for products made after February 15, 2009; and
  • - The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009.
  • 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; and
  • Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.

Post written 1/29/09 but not published yet:

Congress passed the Consumer Product Safety Improvement Act (CPSIA) after the scare last year over Chinese toys with lead paint. The CPSIA stands for Consumer Product Safety Improvement Act, a new set of laws that will come into effect on 10 February, 2009 and will impact many people in a negative way.

With few exceptions, the law covers all products intended for children under 12.

This includes:

  • Clothing, fabric and textile goods, diapers, hair bands, sports pennants, Scouting patches, local school-logo gear. Many resale shops are eliminating children’s items all together to avoid future lawsuits.
  • Paper goods: books, flash cards, board games, baseball cards, kits for home schoolers, party supplies.
  • Sporting equipment: outdoor gear, bikes, backpacks and telescopes.
  • Furniture: all furnishings meant for a child's room.
  • Recorded media: video game cartridges, audio books
  • Adaptive gear: Specialized assistive and therapeutic gear used by children with disabilities.
It also includes:

Handmade items: scrapbook layouts, knitted scarves/hats/sweaters, anything beaded, painted or made with leather, anything in the Etsy stores and many eBay stores.

The government with a heart. Administrators decided since they did not know what to do exactly, they should back off until they may provide some sort of direction and guidance.

This is a good move. I will never forget the problems when the IRS changed the tax code and no one, taxpayers, tax preparers and the agency, knew what to do.

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

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