Manufacturers, retailers and trade association members of the NAM’s CPSC Coalition petitioned the Consumer Product Safety Commission yesterday, asking for a delay in the effective date of the lead content limits in Section 101 of the 2008 Consumer Product Safety Improvement Act.
The law would require companies by Feb. 10 to issue certificates that newly manufactured or imported products are in compliance with the new law’s lead content requirements. The NAM/industry petition requests shifting the effective date to Aug. 14, 2009, noting that “compliance with these new lead content requirements will be a practical impossibility for thousands of manufacturers, distributors and retailers” because the CPSC has failed to complete pending rulemakings or give guidance on compliance.
A copy of the coalition’s petition is here. As a petition, the document gets into quite a bit of detail about process and problems, such as:
The chaotic application of yet-to-be established legal requirements to current inventories at retail potentially threatens to render obsolete billions of dollars of legally produced products already introduced into interstate commerce. In addition, the threatened wholesale destruction on February 11, 2009 of inventory which cannot be verified as complying with newly established requirements could inflict additional damage to the U.S. economy and threatens the ability of small American manufacturers and retailers to remain in business. The environmental impact of widespread destruction of unverifiable merchandise should also be considered. Further, companies have reported that the testing for CPSIA lead levels is different from the testing required by the Environmental Protection Agency (EPA). Thus, in addition to destroying merchandise that may in fact be CPSIA compliant but is unverifiable, companies are also incurring costs to determine how to properly destroy that merchandise.
It’s a real mess, the result of legislation passed in an overheated political environment.
In related news, we see that The Hosiery Association (THA), in conjunction with The Hosiery Technology Center (HTC), has created the CPSC Legwear Coalition. Same issues.
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