30 January 2009

NewsFlash: CPSIA Stay of Enforcement Granted

Effective immediately, the CPSC has granted a one year stay of enforcement of the CPSIA. This is fabulous news for small businesses, handcrafters, vintage sellers, libraries, and environmentalists, etc. as well as for the consumers who support them.

There are certain exceptions noted on pages 2 and 3 of the drafted stay (pages 4 and 5 of the PDF document linked below):

(1) those where testing and certification was required by subsection 14(a) of the CPSA prior to enactment of the CPSIA; and
(2) those requirements, when they become effective, applicable to children's product certifications required to be supported by third party testing for which the Commission has issued requirements for acceptance of accreditation of third party testing laboratories to test for:
  • lead paint (effective for products manufactured after December 21, 2008),
  • full-size and non-full size cribs and pacifiers [effective for products manufactured after January 20, 2009],
  • small parts (effective for products manufactured after February 15, 2009), and
  • metal components of children's metal jewelry (effective for products manufactured after March 23, 2009);
(3) any and all certifications expressly required by CPSC regulations; and
(4) the certifications required due to certain requirements of the Virginia Graeme Baker Pool and Spa Safety Act being defined as consumer safety "rules;" and
(5) the certifications of compliance required for ATVs in section 42(a) (2) (B) of the CPSC which were added by CPSIA; and
(6) any voluntary guarantees provided for in the Flammable Fabric Act ("FFA") or otherwise (to the extent a guarantor wishes to issue one).
Read the full details here:

For an easier read, check out this Etsy Storque article:
Breaking News: The CPSIA Mandatory Testing & Certification Has Been Suspended for a Year

And for a more cautionary report on this latest development:
CPSIA: CPSC staff asks 1-year enforcement stay

Many thanks to all who participated in the push for a second, more realistic and more practical, look at this legislation. Let's hope the necessary amendments will be carefully drafted over the coming year. Keep the pressure on and keep spreading the word.

Kudos all around!

[Edited to include the complete list of CPSC exceptions.]

[Edited to include the following:]

As more complete information comes to light, it is clear that there is a very long road ahead. And, unfortunately, sellers of vintage items (if they are intended for children 12 and under), makers of recycled/upcycled products, and charitable organizations and thrift shops will likely be the hardest hit, as they are NOT exempt from the more stringent, and now retro-active, lead and phthalate requirements.

Be sure to carefully read the following:



1 comment:

  1. I had written my congress-people about the CPSIA, and just TODAY (2/10/09) received a (canned) response from one of them informing me about the stay. To my embarrassment, I must confess this was the first I'd heard of it - ten days later. If I had been following this blog, I'd have known about it when it happened! So I'm following now. Thanks for a well written, well researched post.


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