CPSIA Resource Center

About CPSIA

NSSEA and its members continue to monitor the implications of the Consumer Product Safety Information Act of 2008 (CPSIA). After the recall of millions of toys manufactured in China in 2007, Congress passed the CPSIA last August to protect children from unsafe toys. This far-reaching and complex law affects many aspects of manufacturing and distribution in the educational products marketplace, and we encourage you to read the legislation. Given the complexity of the legislation and the wide variety of products covered, NSSEA recommends that you learn as much as you can about the law’s impact on your business. Significant work is left to be done by the CPSC to propose and adopt regulations, and there is substantial room for interpretation of various provisions of the Act.

Compliance and Testing Timetable

NSSEA Meets With New CPSC Chair

NSSEA met with CPSC Chair Inez Tenenbaum and her staff on September 30 to urge them to adopt practical, regulatory paths that lead to increased safety, reduced risk, and lower testing and compliance cost. NSSEA staff shared the concerns of the membership regarding the burden of testing on small businesses in the educational products market.

Pictured left to right are Eric Stone, K&L Gates, CPSC Chair Inez Tenenbaum, and NSSEA staff members Tim Holt and Adrienne Dayton.

Tenenbaum Confirmed as New CPSC Chair

President Obama’s pick to chair the Consumer Product Safety Commission (CPSC), Inez Tenenbaum, was confirmed last week. The president is expanding the commission from three members to five and significantly increasing the budget and resources of the CPSC. Tenenbaum, once confirmed by the Senate, will replace acting CPSC chairman Nancy Nord, who has become a target of criticism among Democrats in Congress and consumer advocates, but who plans to remain on the commission. Tenenbaum, a lawyer who ran for the Senate in 2004, served two terms as South Carolina's education superintendent. During the confirmation hearings Tenenbaum expressed a desire to apply “common sense” to the CPSIA, a phrase picked up and repeated numerous times by Senators of both parties. Read NSSEA’s letter to Chairman Tenebaum.

CPSC Commissioner Moore Votes to Prevent Stay of Enforcement on Tracking Labels

On May 14 the Commissioners of the Consumer Product Safety Commission (CPSC) split their vote on a request by the National Association of Manufacturers for an emergency stay of enforcement of the tracking label requirements of the Consumer Product Safety Improvement Act (CPSIA). This marked the first time that there was not a unanimous vote by the Commissioners on a CPSIA-related matter. The tie vote means that no stay will be granted and the tracking label requirement will go into effect as scheduled in August 2009. Acting Chair Nancy Nord voted to grant the stay request and Commissioner Thomas Moore voted to deny it. The CPSC has yet to issue rules for implementing the label requirement that will take effect in three months, leaving little time for manufacturers to prepare.

NSSEA Sponsors Rally and Congressional Briefing to Fix Flaws in CPSIA

Members Urged to Contact their Members of Congress in Support of HR 1815

Last week at the “Amend the CPSIA” rally on Capitol Hill, NSSEA joined with other 20 other consumer industries, businesses and organizations to help focus additional attention on the tremendous impact the Consumer Product Safety Improvement Act (CPSIA) is having on businesses. NSSEA is supporting HR 1815, the Consumer Product Safety Solutions Act of 2009, a new federal bill proposed by Representatives Joe Barton (R-TX) and George Radanovich (R-CA) that would clarify the applicability of certain provisions of the CPSIA.

HR 1815 includes provisions that:

• Make lead and phthalate provisions prospective
• Allow retailers a “sell-through” period
• Create a temporary compliance scheme for lead content testing
• Mandate that CPSC promulgate lead content testing procedures in 6 months
• Create regulatory flexibility in exemption authority and inserting age consideration in exemption standard
• Create broader exemption authority with higher standard for those products that cannot meet the “regular” lead exemption standard when an exemption would better preserve child and public safety
• Permit component part testing
• Create regulatory flexibility in the labeling provisions.

To build off the momentum of last week’s rally, NSSEA is urging its members to join in a grassroots advocacy campaign by contacting their Members of Congress and request they cosponsor and support final passage of HR 1815.

NSSEA Sends Letter to Dingell to Explain Problems with CPSIA

NSSEA responded to Congressman John D. Dingell (D-MI15)’s request to Acting Chairman Nancy Nord and Commissioner Thomas Moore of CPSC to respond to a number of questions regarding several concerns that have arisen as a result of the Consumer Product Safety Improvement Act’s ongoing implementation. The Act, which passed in the 110th Congress, expands the resources and authority available to the CPSC to ensure the safety of domestic and imported consumer products. In the response, NSSEA addresses the major issues facing the school market as a result of the new law’s requirements. Read the letter.

The Web cast of the presentation "CPSIA: Understanding the Law's Significant Impact on Your Business — And What You Can Do About it!" held last week at Ed Expo 2009 in Dallas will be available on the website for downloading next week.

CPSC Spells Out Enforcement Policy For New Lead Limits In Children’s Products Effective February 10

Effective February 10, 2009, consumer products intended for children 12 and under cannot have more than 600 parts per million of lead in any accessible part. This new safety requirement is a key component of the Consumer Product Safety Improvement Act (CPSIA) aimed at further reducing children’s exposure to lead. In an effort to provide clear and reasonable guidance to those impacted by this important law, the U.S. Consumer Product Safety Commission (CPSC) announcing the following enforcement policy on the lead limits established by the CPSIA for manufacturers, importers, distributors, and retailers:

• The CPSC will not impose penalties against anyone for making, importing, distributing, or selling a children’s product to the extent that it is made of certain natural materials, such as wood, cotton, wool, or certain metals and alloys which the Commission has recognized rarely, if ever, contain lead; an ordinary children’s book printed after 1985; or dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other fabric products, such as baby blankets.

The Commission generally will not prosecute someone for making, selling or distributing items in these categories even if it turns out that such an item actually contains more than 600 ppm lead. However, sellers will not be immune from prosecution if CPSC’s Office of Compliance finds that someone had actual knowledge that one of these children’s products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice.

• The CPSC issued an interim rule effective February 10, 2009, which establishes alternative lead limits for certain electronic devices, in order to prevent unnecessary removal of certain children’s products from store shelves.
  
• The CPSC will accept a manufacturer’s determination that a lead-containing part on their product is inaccessible to a child and not subject to the new lead limits, if it is consistent with the Commission’s proposed guidance or is based on a reasonable reading of the inaccessibility requirement. Paint and other coatings or electroplating are not considered barriers that make a component inaccessible.

CPSC Posts Final Rules on Labeling

The CPSC posted its final rule on Section 105 outlining the new labeling requirements for advertisements in catalogues and other printed materials for toys and games with small parts that pose a choking hazard to small children. Many NSSEA members testified about the impact on our industry and it appears that the Commission listened to the concerns of our industry. Abbreviated warnings will be allowed if the full text appeared on the same or adjacent page, or catalogues are permitted to place the full text somewhere else, such as on the ordering page, if there is a reference on all other pages regarding the warning. The warnings are not required in catalogues distributed solely to business.

The proposed regulations took effect on December 12, 2008 for Internet advertising and February 10, 2009 for printed materials with a 180 day grace period for printed materials such as catalogs to ease the burden on catalog production cycles. All catalogs distributed after August 9, 2009, regardless of when they were printed, must contain the required cautionary statements.

The new law requires that when a product’s packaging requires a cautionary statement regarding choking hazards, so too does any advertising that provides a direct means for purchase or order including catalogues, printed materials, and Internet websites. The new regulations do not include advertisements or websites that simply direct consumers to a retailer to purchase the product. The required statements under the FHSA are only required for toys or games intended for use by children ages three to six, and toys and games that contain small parts, small balls, marbles, or balloons.

Tell Congress: CPSIA is Having a Negative Impact on Your Business

Legislators in Washington need to hear from their constituents about how negatively the CPSIA would impact you and your business. NSSEA has prepared a sample letter fro retailers that can be adjusted for use by any NSSEA member. You can also view sample letters provided by Learning Resources.

Click the links at the top of the NSSEA legislative page to find your representative or senator. Type in your zip code to find the right contact. Once on their web site, find the page that says “Contact” and follow the instructions. Make sure you put in your street address so they’ll know you are a constituent. You can also use the TIA site to voice your concern.

CPSIA News Archive

8/14/09 CPSC to Enforce New CPSIA Requirements Effective

6/1/09 Congress Should Return Toy Safety Regulation to the CPSC

5/25/09 Labeling's Rush to Judgement

4/2/09 Obama Urged to Fill Product-Safety Post as Complaints Mount

1/9/09 Industry Scrambling to Comply with Child Safety Act

1/9/09 A new law hurts small toy stores and toymakers

1/7/09 Regulators rethink rules on testing children's clothing and toys for lead story

12/23/08 For Some Toy Makers, Rules to Protect Kids May be Toxic story

12/21/08 Toymakers Assail Costs of New Law

11/19/08 Some Toys With Banned Plastics Will Stay on Market

CPSC has posted summaries of the law, public comments, and a very helpful FAQ section that addresses many questions concerning the new regulations.