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SGMA Views CPSC “Stay” on Testing & Certification as Positive Step

The good news is CPSC has issued a one year "Stay on Enforcement" for the submission of "Testing and Certification" of compliance with the new lead and phthalates laws. The CPSC will not require Testing and Certification on products until February 10, 2010 (i.e. no GCC required on lead and phthalates). 

Specifically the new CPSC position is to delay for one year enforcement of new requirements of paragraphs 14(a)(1), (2), and (3) of the Consumer Product Safety Act (“CPSA”), which were added or modified by Section 102 of the CPSIA "that require testing and issuance of certificates of compliance by manufacturers, including importers, of products subject to an applicable consumer product safety rule as defined in the CPSA or similar rule, ban, standard, or regulation under any other Act enforced by the Commission." 

On the flip side, the sporting goods & fitness industries need to understand that this does not completely resolve the issue for several reasons:

1. Compliance with new lead standards will still be required on Feb. 10, 2009, the CPSC has only suspended “testing & certification”.
2. Manufacturers who sell non-compliant products to retailers or retailers who sell non-compliant products to consumers can still be held liable for violation of consumer product safety laws.
3. Retailers could still request proof that a product is in compliance which will require a test, so manufacturers are not completely off the hook.   
4. Any change to the effective date of the new requirements on lead and phthalates would require an act of Congress…and so far Congress has not taken any action on this. 
5. Only Congress can address the retroactive enforcement of the new lead standards.
6. State Attorney Generals are not bound to accept the CPSC stay and can enforce law at their discretion.

This is a positive development, but it is far from a solution to the problems the industry faces.  Industry needs to keep the pressure on Congress to take the appropriate action on retroactive enforcement of new lead laws and application of phthalate laws on sporting goods. If you have not already done so please send letters to your Congressional Representatives on these matters. 

Click here to view SGMA's Action Alert on new product safety laws and voice your concerns and concerns. In your Congressional messages please not that businesses will need to insert company info (# employees, annual revenues etc) and provide your name, title, company & address. The letters will be electronically delivered to your Congressman and Senators. The more letters Congress receives the stronger the message becomes.

To read more on this breaking news, click here to view the Official Consumer Product Safety Commission Press Release on these developments.

Click here for further background information on these evolving CPSIA issues.