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Heather Corley

Baby Products Businesses Get One Year Stay On CPSIA Testing

By , About.com GuideFebruary 2, 2009

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The U.S. Consumer Product Safety Commission recently voted to give businesses big and small a break on the testing and certification requirements of the Consumer Product Safety Improvement Act (CPSIA), scheduled to go into effect on Feb. 10. With the new vote, the testing and certification requirements, which many small business owners said would be so cost-prohibitive it would shut them down, will be delayed until at least Feb. 10, 2010. In the meantime, CPSC will try to decide whether alternate testing methods might be appropriate in some cases, and whether some materials or products should be exempt from testing.

The new lead content limits (600 ppm), as well as phthalate limits (1,000 ppm) and some other new standards for toys and products intended for kids under age 12 are still in effect and manufacturers and importers are still expected to meet those requirements. The stay does not effect CPSIA regulations on lead in paint or surface coatings, full-size/non-full-size cribs and pacifiers, small parts, and lead content in children's metal jewelry.

The stay helps, but may not solve all of the issues with CPSIA. The Handmade Toy Alliance (HTA), an industry group made up of toy store owners and product manufacturers, recently released a statement on CPSC's decision. "There is no reprieve, however, for small manufacturers who sell to larger retailers or catalogs, most of whom will continue to require full compliance with the CPSIA by Feb. 10," the group's statement said. "The CPSC still has not clearly defined how manufacturers must comply with the law and many manufacturers are therefore finding it impossible to do so." HTA also suggests that the stay leaves retailers without solid footing. "Although manufacturers will not need to prove compliance with 600ppm lead limits, retailers will still be held liable if their merchandise exceeds those limits. And, without testing, retailers will have no way to assure compliance." The stay does not address new testing requirements for small parts, which go into effect Feb. 12, and may be cost-prohibitive to small manufacturers.

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