The Consumer Product Safety Commission on Tuesday, Feb. 1, voted 4-1 to extend the deadline to Dec. 31 for third-party product testing and certification for lead content under the Consumer Product Safety Improvement Act. Only Commissioner Robert Adler voted against the extension.

The CPSC’s news release is here, and the draft statement for the Federal Register is here.

Commissioner Nancy Nord said:

This extension will … give the agency more time to complete the component testing proposed rule and the testing and certification proposed rule. Both these rules need to be in place before the stay of enforcement is lifted. While I would have preferred to specifically tie the lifting of the stay to the issuance of these rules, the December date gives everyone—the agency and manufacturers–a bit more time to prepare.

The stay of enforcement does not relieve anyone from complying with the underlying lead regulations. Therefore, consumer safety is not impacted by the agency’s action. Instead we have pushed off for a bit longer this burdensome third-party testing requirement. However, unless Congress changes the law, the testing requirement will go into effect at the end of December.

The National Association of Manufacturers and members of the NAM’s CPSC Coalition had sought the extension. We appreciate the CPSC’s decision that reflects the real obstacles businesses had encountered in trying to meet the unworkable requirements, and certainly agree with Commissioner Nord that Congress needs to fix the fundamentally flawed Consumer Product Safety Improvement Act.

More …

  • Statement of Chairman Inez M. Tenenbaum on the Commission Approval of a Final Extension of the Lead Content Testing and Certification Stay of Enforcement, February 2, 2011 (pdf)
  • Statement of Commissioner Robert S. Adler Regarding the Extension of CPSC Stay of Enforcement of Testing and Certification Requirements on Lead Content in Children’s Products, February 1, 2011 (pdf)
  • Statement of Commissioner Anne M. Northup on the Extension of the Stay of Enforcement on the Testing and Certification of Certain Children’s Products for Total Lead Content, February 2, 2011 (pdf)
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