CPSIA Stays Enforcement of Testing and Certification Requirements for 1 Year

On Friday, the Consumer Product Safety Commission (CPSC) approved a proposed stay of enforcement for certain testing and certification requirements under the Consumer Products Safety Improvement Act (CPSIA).

The stay of enforcement delays most new certification and testing requirements adopted under the CPSIA until February 10, 2010. The stay does NOT delay implementation of lead or phthalate content limits which go into effect on February 10, 2009, but the stay does delay the requirement that manufacturers or importers of such products “prove” their compliance through product testing and certification.

The stay does not apply to third party testing and certification requirements for: (1) the ban on lead in paint and other surface coating for products made after December 21, 2008; (2) standards for cribs and pacifiers made after January 20, 2009; (3) the ban on small parts made after February 15, 2009; and (4) the limits on metal components for children’s jewelry made after March 23, 2009. Nor does the stay apply to certification requirements for all-terrain vehicles built after April 13, 2009 or pool drain cover requirements. Finally, the stay does not apply to pre-CPSIA testing and certification requirements.

As Dorsey Partner Mark Kaster told Alana Semuels of the Los Angeles Times on Friday, the delay will buy time for thousands of companies that hadn’t heard about the law until recently. “It’s going to help a large contingent of companies that really are in total confusion about what the CPSIA is trying to accomplish.”Read Semuel’s entire article, Children’s product sellers get 1-year reprieve on lead testing.

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