Bill To Amend CPSIA Becomes Law
Vol. 843
August 18, 2011
Nearly three years after Congress passed the original Consumer
Product Safety Improvement Act (CPSIA), President Obama
has signed a separate bill modifying the controversial legislation. The
amendments to the law, recently passed almost unanimously by the U.S. House and
Senate, expand the discretion of the Consumer Product Safety Commission (CPSC),
allowing regulators greater flexibility in directing third-party testing
standards.
The amendments specifically address several enforcement
questions that have lingered since 2008, clarifying product exemptions and the
responsibilities of manufacturers. In effect, the new law narrows the CPSIA’s lead-testing requirements to products manufactured
since the date of enactment, creates certain exceptions for small-batch
manufacturers (annual revenues under $1 million) and removes lead limits for
used children’s products. As part of the changes to the CPSIA, the CPSC must
also seek public comment on ways to reduce the burden and cost of third-party
testing.
On the topic of tracking labels, the CPSC now has authority
to exclude specific products from previous mandates. If the commission
determines that placing a tracking label on an item is not practical, a
manufacturer will earn an exemption. The legislation also seeks to ease some
manufacturers’ concerns about the CPSIA database, which allows virtually anyone
to post complaints about a product. The CPSC is now required to stay
publication for five extra days when it receives notice of materially
inaccurate information. The CPSC must also attempt to get a serial number or a
photo of an item from the consumer questioning the safety of a product.
The amendments, while providing more authority to the CPSC
in determining testing requirements, have not changed the action schedule
regarding lead limits. The amount of lead allowable in children's products
dropped from 300 parts per million (ppm) to 100 ppm on August 14, but only products that are manufactured
after this date will have to adhere to the stricter limits. The mandate applies
to all manufacturers, importers, retailers and distributors of children's
products |