On Friday, Jan. 30, 2009, the Consumer Product Safety Commission voted unanimously to push back the Feb. 10 deadline for enforcing certain testing and certification requirements that are part of the Consumer Product Safety Improvement Act. The CPSIA requires manufacturers to test all products designed for children 12 and under for lead and phthalates. The new deadline for enforcement is Feb. 10, 2010.
Under the stay of enforcement, children’s product manufacturers will not need to certify the new lead limits (600 ppm) and phthalates limits (1,000 ppm). Manufacturers will still need to meet the lead and phthalates limits, but they will not have to certify that they have met them.
What the New CPSIA Deadline Means for Businesses
Toymakers, booksellers, thrift shops and even libraries were in a panic about the Feb. 10 deadline, and many were referring to Feb. 10 as National Bankruptcy Day because thousands of smaller, independent retailers and parents who make and sell items from their home were expected to be forced out of business due to the prohibitive costs of product testing.
Thankfully, the CPSC recognized the glitches in the law, which was passed hastily last summer after millions of children's products were recalled due to lead contamination. While the idea of tougher lead standards in children's toys and clothing is a good one, many believe lawmakers jumped the gun and made the law too broad.
Problems with the CPSIA
As the Feb. 10 deadline loomed, libraries across the country were planning to ban children from the library or take all children's books off the shelves because they could not afford to risk being caught with untested books that could contain lead-based inks. Parents were stressed about how they would clothe their families if thrift stores were forced to remove children's clothing from their racks due to the risk of lead in zippers and appliqués.
What Is Not Covered Under the New CPSIA Deadline
Some parts of the CPSIA will still require third-party testing and certification. The stay of enforcement does not apply to the following requirements:
- The ban on lead in paint and other surface coatings effective for products made after December 21, 2008
- The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009
- The ban on small parts effective for products made after February 15, 2009
- The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009
- Certification requirements applicable to ATV’s manufactured after April 13, 2009
- Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides
- Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act
Thrift stores and consignment shops are not mentioned in the stay of enforcement because they are not required to certify their products under the CPSIA. They are still required to ensure that the products they sell do not exceed the lead limits, but it is unclear how they are to know this without testing.
The CPSC made a step in the right direction by pushing back its enforcement deadline, but many children’s manufacturers and retailers are still confused about how to comply with the CPSIA. At least now they will have an extra year to work out the details.
Kari Lomanno - Kari Lomanno is a high school English teacher and mother of two children ages 9 and 7. She lives in Chesapeake, Virginia with her husband ...
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