Archive for the ‘CPSA, CPSIA, CPSEA’ Category
Videos of CPSC Meetings Regarding Phthalates, ATVs and Bicycles Available Online
The CPSC is holding a series of public meetings to address issues related to the Consumer Product Safety Improvement Act (CPSIA of 2008). Some of the meetings are presentations designed to clarify finalized, or nearly final rules, others are roundtable discussions in which the CPSC has asked the public to participate, providing input and data [...]
All Children’s Products Soon to Require Permanent Identification Labels
Section 103 of the Consumer Product Safety Improvement Act (CPSIA), “Tracking Labels for Children’s Products,” amends US laws regarding Product Certification and Labeling (15 U.S.C. 2063). (A redlined version of Section 2063, showing all changes imposed by the CPSIA is available here.) As amended, beginning August 14, 2009, product labeling laws will require manufacturers of [...]
15 U.S.C. 2063 – Redlined: Laws Regarding Product Certification and Labeling, as Amended by CPSIA
US Consumer Product Safety Laws Regarding Product Certification and Labeling – Revisions Revealed Compiled by Jennifer P. Toney What follows is an edited version of Title 15, Chapter 47, Section 2063: Product Certification and Labeling. It was created by taking the latest version of the official code as published in January 2007 and showing revisions [...]
CPSC Seeks Help from the Public in Determining What Products to Exempt from Phthalate Bans
Limits on phthalates in certain child care articles and toys became effective on February 10, 2009. To address confusion over exactly what products qualify as “child care articles” or “toys,” the CPSC staff recently issued proposed guidelines to define both terms. In addition, the proposed guidelines provide guidance on how to determine whether a product [...]
New Rules: Phthalates, Lead Ban Exemptions and Prosecution for Violators
The number of rulings and interpretations that have been handed down from the CPSC over the last few days is enough to make anyone’s head spin. For manufacturers and retailers who must understand and comply with these rules, many of which go into effect in just two days on Tuesday, February 10th, the confusion has [...]
Court Reverses CPSC Interpretation on Phthalates in Children’s Products – Ban Applies to Current Inventory
Previously, the CPSC General Counsel advised that, based on its interpretation of the CPSIA, the banned phthalates only applied to designated products manufactured or imported on or after February 10, 2009, but that any products already produced and in the US could still be sold. In a recent suit filed against the CPSC claiming that [...]
Which Electronic Children’s Products are Exempted from the Lead Ban: Commission Rules
To address the lag time between when manufacturers of electronics must comply with the lead ban (02/10/09) and when they will know which products are exempt from the lead ban (after 02/17/09), the Commission announced that it is withdrawing the proposed rule. In its place, the Commission has posted an “interim” final rule which spells out exactly which electronic products, or components of electronic products will be exempted.
CPSC Stay on Testing and Certification Requirements: What Does it Mean to Manufacturers and Retailers?
As news broke Friday afternoon that the CPSC has granted a one year stay on certain product testing and certification requirements, manufacturers breathed a collective sigh of relief. But what does the stay really mean? How much relief can manufacturers expect? And, what about the retailers, will this stay hurt more than help? Let’s take [...]
Lead, Phthalates and Sellers of Children’s Products – What’s All the Fuss? An Explanatory Overview for Consumers
As of February 10, 2009 it is against the law to manufacture or sell any children’s product over the then-current lead limits. However, phthalate bans apply only to products manufactured on or after February 10, 2009. Products containing the banned phthalates can still be sold if they were manufactured before February 10, 2009.
CPSC General Counsel Publishes Clarification on Lead Testing and Certification Requirements
Earlier this week, the CPSC General Counsel published a letter (dated January 15, 2009) regarding lead testing and third-party certification requirements for children’s products. Notably, General Counsel indicated that there could be changes that would allow third-party testing of product components rather than requiring testing of every finished product. In addition, General Counsel clarified that, [...]
Commission Accepts Staff’s Lead Exemption Proposals
All four of the CPSC staff’s proposals on exemptions to the lead limits established by the CPSIA were approved by the Commission and were printed in the Federal Register (FR) today, January 15, 2009. You can find links to the specific FR pages and summaries of the lead-exemption proposals here. Before finalizing their ruling, the [...]
CPSC Looks to EU for Rules on Lead in Electronic Devices
In section 101(b)(4) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Congress acknowledges that it may be technically infeasible for some electronic devices intended for children to comply with the new lead laws. If the CPSC finds that to be the case, it must “issue requirements to eliminate or minimize the potential for [...]
Inaccessibility Rules for Exemption to CPSIA Lead Limits
Section 101(b)(2) of the CPSIA states that component parts of products will not be subject to lead limits if they are inaccessible to children. ‘Inaccessible’ was defined in the Act as “not physically exposed by reason of sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the [...]
Procedures for Seeking Exemption to Lead Limits
Under Section 101(b) of the CPSIA of 2008, the CPSC may exclude certain products or materials from the children’s product lead ban. Even if a product or material is not on the initial list of potential items to be excluded from the lead ban, interested parties can petition that a particular item be excluded. CPSC [...]
Products and Materials Exempted from CPSIA Lead Limits:
Within Section 101 of the CPSIA, the commission is granted the power to exclude certain products or materials from the new lead limitations if there is scientific evidence indicating any lead existing in the product would not be absorbed into the human body under normal use or abuse, nor “have any other adverse impact on [...]
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