Date: Oct 28, 2010
More than two years have passed since enactment of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The Consumer Product Safety Commission (CPSC) has transitioned to a five-commissioner agency, and issued numerous new rules, requirements and guidelines. For example, new, higher civil penalties have been in effect for more than a year. Tracking labels are now required on children's products. Advertisements for toys and games must include a choking hazard warning if the product bears one. Durable infant and toddler products must come with a postage-prepaid customer registration card. Lead limits in paint and surface coatings have been lowered, and new limits on lead in substrate adopted. Third-party testing and certification requirements are in place for some aspects of children's products, with new specific requirements being phased in. A comprehensive proposed rule on testing of both children's products and non-children's products is scheduled to be considered next month, as is a proposed final rule implementing the mandate that the Commission establish a public database on reports of harm.
While the level of regulatory activity remains high, it is the unreasonable deadlines and requirements set out in the statute, and reflected in implementing rules and proposals, that continue to generate high frustration in the business community.
Below is a summary of some of the key requirements related to CPSC's implementation of the CPSIA affecting manufacturers, retailers and even upstream suppliers.
Keller and Heckman's Consumer Product Safety Team advises clients regarding compliance with laws and regulations enforced by the CPSC as well as related laws applicable to consumer products, including green chemistry and environmental requirements. For more information contact Sheila A. Millar, firstname.lastname@example.org, Jean-Cyril Walker, email@example.com, or Alisa A. Karlsons, firstname.lastname@example.org.