CPSC Extends Stay, Permits Component Testing

The Consumer Product Safety Commission has voted to extend the stay for testing and certification under the Consumer Product Safety Improvement Act for certain consumer products such as wearing apparel, phthalates, electronic toys and durable infant products. In a statement released last week, the commission said: “With regard to lead content, the Commission has determined that testing of children’s products for lead content by a recognized third party testing laboratory and certification based upon that testing should begin on products manufactured after Feb. 10, 2011, to allow component testing to form the basis for certifications for lead content and permit the staff to complete an interpretative rule on the meaning of the term ‘children’s product.’” The commission voted to lift the stay for products such as bike helmets, bunk beds and rattles. Read the whole statement at http://www.cpsc.gov/about/cpsia/frstay.pdf.

All products must still comply with the CPSIA regulations including any testing requirements contained in those regulations. In the cases where accredited laboratories have been identified (for instance, lead in paint, pacifiers and small parts), the CPSC still requires third-party testing. For all other categories, third-party testing will become mandatory 90 days after an accredited lab list is published.

In a separate vote, the commission adopted an interim enforcement policy allowing component part lead testing for children’s products. Under this policy, importers and domestic manufacturers can certify their products by (a) sending samples of the entire children’s product out for independent testing or (b) having testing performed on the paints for compliance with the 90 ppm lead in paint limit or on a particular accessible component for compliance with the 300 ppm lead limit. Read the whole statement at http://www.cpsc.gov/about/cpsia/frcomponent.pdf.

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