MT LAUREL, NJ - August 2, 2011 - A long-awaited bill containing key amendments to the CPSIA passed the House yesterday and the Senate last night with bipartisan support. The bill was introduced and passed quickly through the House by a 421-2 vote. The Senate was moved by the near-unanimous House vote and passed the House bill by unanimous consent rather than move its own more narrowly tailored bill. The President is likely to sign the bill shortly.
Relief Should Be Seen Before August 14th.
Key Provisions of HR 2715 as passed:
Applies new limits to products manufactured only after the effective date of the Rule (August 14, 2011)
Includes a limited exemption from the substrate lead standard if lead at low levels is necessary for proper function
Removes the lead limits for “used children’s products”
Includes categorical exclusions or alternative requirements for ATVs, dirt bikes, bicycles and printed materials.
3rd Party Testing
Requires CPSC to seek public comment on ways to reduce burden and cost, specifically requesting information on redundancy with existing testing standards
Includes testing exceptions for small batch manufacturers
Includes an inaccessibility exclusion from the phthalate standard
Requires CPSC to stay publication for five (5) additional days when the commission receives notice of materially inaccurate information
Requires CPSC to attempt to get model/serial number or a photo of a product in question.
Retailers and manufacturers had sought clarity that the lower lead limits would only apply to goods entering commerce after August 14, 2011. JPMA has supported practical changes since the CPSIA brought a slew of unintended consequences as regulations were rushed into existence.
"We welcome prospective application of lower lead limits and application of phthalate bans only to accessible plastic on child care articles intended to contain them," said JPMA Executive Director, Michael Dwyer. "There is no longer any excuse for perfectly safe products to be swept off retail shelves."
JPMA has repeatedly urged CPSC to apply the law in a practical way and took its concerns to Congress when the CPSC was constrained by the language of the CPSIA itself. JPMA will continue to promote CPSC adoption of already effective ASTM standards for durable juvenile products, elimination of burdensome duplicative test requirements and rules that do not unduly burden small businesses that develop products that keep baby safe and help parents care for them. The new legislation does not eliminate the requirement that CPSC adopt more mandatory requirements for certain durable juvenile products. JPMA notes the Congressional admonition that the agency should consider existing standards and reduce burdensome testing.
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