CPSIA, Stay Now, Just a Little Bit Longer

Just to be clear, the NAM CPSC Coalition’s petition (see this post) to the CPSC requested a delay in the effective date of the lead content standards in the Consumer Product Safety Improvement Act. The first paragraph in the letter from the CPSC coalition:

On behalf of the Consumer Product Safety Commission Coalition of the National Association of Manufacturers (NAM CPSC Coalition), and the undersigned parties to this letter (hereinafter referred to collectively as (“the Requesters”), we respectfully request the Commission to issue an immediately effective emergency rule staying the effective date of limits on lead content in accessible parts and components in children’s products established under Section 101(a)(2) of the Consumer Product Safety Improvement Act of 2008 (“CPSIA”) (Pub. L. 110-314). The length of the requested stay is 185 days, or until 90 days after final comprehensive rules and interpretative regulations implementing Section 101 are issued, if later. We do not think that when it adopted the deadlines in the CPSIA Congress realized or intended to effectuate a massive economic dislocation at a time when so many businesses are teetering on the edge of financial ruin and we are suffering the largest job losses in decades.

The CPSC instead issued “a one year stay of enforcement for certain testing and certification requirements”

For more commentary, see the Reform CPSIA website, http://reformcpsia.org/

UPDATE (8:50 a.m.): Also, as the Coalition’s analysis of the CPSC’s action notes: “CPSC’s actions grant no relief to manufacturers, retailers, thrift stores, resellers, distributors or others who have asked the CPSC for clarity regarding the definition of accessible components and exclusion of certain products or materials.  For example, if a manufacturer requests that a product be exempted by rulemaking, and ultimately it is not exempted, any such product sold would be subject to recall and the manufacturer could potentially be subject to class action litigation for selling banned hazardous substances.  Because these risks are too great, many manufacturers may not take these risks by continuing to sell products.”

UPDATE (9 a.m.): News coverage…

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