Implementation of the Consumer Product Safety Improvement Act (CPSIA)

The Consumer Product Safety Commission (CPSC) is in the process of implementing the Consumer Product Safety Improvement Act of 2008. This is an ongoing process, and you can find up-to-date information, including press releases, guidance, legal opinions, and rulemaking notices, at http://www.cpsc.gov/about/cpsia/cpsia.html.

Congressman Dingell’s office has received a number of inquiries from constituents about certain aspects of the law. The following are responses to some frequently asked questions.

When will the new standards for lead and phthalate content take effect?

As of February 10, 2009, the new lead and phthalate standards will take effect. The lead standard of 600 parts per million will apply to all existing inventory (no matter when the items were manufactured). The phthalate standards will apply only to all products manufactured after the February 10, 2009, effective date.

What are the testing and certification requirements for lead content in existing inventory?

While the new lead standard will apply to all existing inventory on February 10, 2009, this does NOT mean that compliance certification and any underlying testing is required.

• Certification concerning lead in children’s products is required only if the products are manufactured after February 10, 2009.
• Third party testing for lead in children’s jewelry will be required for goods manufactured after March 2009.
• Third party testing for lead will be required for all other children’s products manufactured after August 2009. At that time, the lead standard will be 300 parts per million.

I own a store that sells second-hand children’s products. How will my business be affected by the Consumer Product Safety Improvement Act’s compliance and testing requirements?

Although compliance certificates for the new lead standard are required for children’s products manufactured after February 10, 2009, the certification requirement is imposed on manufacturers, not on retailers, which include thrift, consignment, and second-hand businesses. Retailers should be aware, however, that it will remain unlawful to sell products that are not in compliance with the law. The Consumer Product Safety Commission may impose penalties on retailers for knowingly violating the law. More information concerning the impact of the law on thrift and consignment stores can be found at http://www.cpsc.gov/cpscpub/prerel/prhtml09/09086.html.

My company manufactures children’s products out of materials that do not contain lead. Am I required to test and certify these products?

The Consumer Product Safety Improvement Act provides for the exemption of products and materials from the new lead standard if lead from such products and materials cannot leach into the human body, as well as otherwise pose no public health hazard. The Consumer Product Safety Commission has begun a Notice of Proposed Rulemaking with a list of products and materials that it is proposing for this exemption, which include cotton, wood, and wool. (Please note that this exemption would not include coatings and dyes applied to products or materials otherwise exempted from the lead standard.) For more information on this topic, you can visit http://cpsc.gov/library/foia/foia09/brief/leadlimits.pdf.

What children’s products are covered by the Consumer Product Safety Improvement Act?

The children’s products covered by the new law are products that are designed or intended primarily for children aged 12 years or younger. This does not cover products that may be used by children (for example, a doorknob or a screwdriver) but are not intended primarily for children.

As always, should you have questions about the Consumer Product Safety Improvement Act or other issues, please feel free to contact Congressman Dingell’s office.