CPSIA Resource Center

CPSIA Update: CPSC Issues “15 Month Rule” for Testing and Labeling

Nearly 21 months following passage of the Consumer Product Safety Improvement Act of 2008 (CPSIA), the Consumer Product Safety Commission (CPSC) issued its “15 month rule,” proposing new requirements for testing (including component testing) and labeling of consumer products. Given the enormity of the tasks CPSC was required to address under the CPSIA, and the impact of many of those efforts on devising a testing and certification scheme, even a mere 6 month delay may be viewed as a significant achievement. CPSC has given members of the public 75 days following publication of these proposals in the Federal Register to absorb and understand these significant proposals and to provide comments to CPSC for consideration before it issues final rules. Given that CPSC’s rules and the accompanying discussion near 250 pages, this summary is necessarily incomplete. However, it touches on some of the basic provisions and briefly considers their impact on regulated firms. Read More.

"CPSIA: What Your Business Still Needs to Know" Available in the NSSEA Store

Now that all the new requirements of the Consumer Product Safety Improvement Act (CPSIA) have taken effect, where does that leave the educational products marketplace? We have new lead contents limits, lead in paint thresholds and of course the threat of increased civil penalties. Do you have all your bases covered? Come to this session to learn the latest on what you need to be sure your company is selling products in compliance with the law from attorney Eric Stone, a former director of the Legal Division of the Office of Compliance and Field Operations at the Consumer Product Safety Commission. This session recording shares with you the recent CPSIA developments and helps you understand its effect on the products you manufacture and sell.

Bonus Feature: Session handouts automatically included with purchase.

Click here to visit the NSSEA Store

Proposed Definition of “Children’s Product”

On April 20, 2010, the CPSC published in the Federal Register a draft interpretation of the meaning of the term “children’s product.” The CPSC draft says an item is “primarily” intended for use by children 12 and under if it is “mainly” intended for that age group. CPSC adds that items that children do not physically interact with are not “primarily intended for use by children.” So, an item such as a DVD, educational software, or other product used for educational purposes by a child, may not be a children’s product if the parent or teacher handles the actual product rather than the child even if the child derives educational benefits from the product.

CPSC distinguishes between “general use products” intended for a range of ages and “children’s products” that are mainly for children 12 and under. The statute sets forth certain basic factors that determine whether an item is “primarily intended for use by children 12 and under.” Those include the labeling if it is reasonable, the marketing of the product, where it is “commonly recognized” as being for children, and the age grading criteria used by CPSC. General purpose items like sports equipment, computers, microscopes or other scientific implements, or musical instruments would not be considered “children’s products” just because they are marketed for use in schools or by children. However, sizing a product for children or adding simplified features or decorations that appeal particularly to a child user might convert such a general use product into a “children’s product.”

Opportunity to comment: Members of the public have 60 days to comment on the CPSC proposal and then CPSC will consider the comments and issue a final rule. CPSC says its final rule will become effective immediately upon publication.

Source: Eric Stone, K&L Gates, LLC

Educational Products Featured in "Casualty of the Week"

The approximately 1,500 businesses that comprise the National School Supply and Equipment Association (NSSEA) are dedicated to providing educational supplies, equipment and instructional materials to schools, parents, and teachers. This small industry serves a vitally important market – American schools – providing specialized products that form the backbone of the American educational system. Without the support of this small business-dominated industry, the needs of many American children would be left unmet, including children with disabilities and special learning needs. Read more.

Proposed Legislative Amendments to the CPSIA Being Floated

Proposed legislative amendments to the U.S. Consumer Product Safety Improvement Act (CPSIA) are being circulated by Congressman Henry Waxman (D-CA) and may soon be introduced in Congress to "fix CPSIA". The draft, which has not yet been officially submitted for House consideration, proposes edits to the Act's exclusion process that could provide added relief for several categories of children's products. Also included within the proposal are recommendations regarding certain inaccessible parts, the prospective application of certain new limits, and consideration of an expansion of authority for the CPSC. NSSEA staff met with Waxman staff on April 7, 2010 to share our concerns that the proposed amendments do not go far enough to relieve the burdens on the educational products market. NSSEA recommended that they expand the definition of low volume/small batch manufacturers to provide meaningful relief to the small businesses that have had to pay a disproportionately heavy price to test products that have an excellent record of safety and pose no risk to children.

CPSIA Compliance Guide Webinar Now Available

The CPSC has a new resource available to help companies navigate through the Consumer Product Safety Improvement Act (CPSIA) including the definition of "children's product". Click here to view the latest CPSC Compliance Guide Webinar on March 25, 2010.

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.

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.

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.

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