CPSIA Update: CPSC to Vote on NAM Petition for Stay

By February 4, 2009Regulations

The Consumer Product Safety Commission has scheduled a ballot vote, i.e., no public meeting, on the NAM CPSC Coalition’s request for to stay the effective date of the lead content limits set forth in section 101(a)(2) of the Consumer Product Safety Improvement Act. For the ballot and the Coalition’s petition, go here. The deadline for the vote is February 9.

As previously noted, the CPSC last week issued a one-year stay of enforcement, which actually serves to complicate the issues. Manufacturers and retailers will still be liable for manufacturer and sale of products that might, conceivably, have unallowable levels of lead or phthalates, it’s just that the CPSC won’t try to call them to accounts. But state attorneys general might. And who knows what the class-action lawyers are dreaming up right now.

The CPSC’s latest action — or affirmation of inaction, as the case may be –suggests the members aren’t interested in actually taking the necessary step of staying the lead content limits, as the NAM asked. To the argument that the CPSC lacks the legal authority to do so and instead must defer to Congress, we’d just point back to the analysis in the NAM petition and add, “You stayed Section 102. Now do 101.”

For the NAM CPSC’s Coalition’s analysis of the commission’s action, go here.

Relevant news coverage…

And, as always, Overlawyered.com, including the latest, “CPSIA: The children’s product safety “crisis” that wasn’t”

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