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Feb. 10 Enforcement of New Lead & Phthalate Requirements under CPSIA Almost Here- Industry Input on Implementation of New Regulations Urgently Needed

Sporting Goods and Fitness Industry Input on Implementation of New Regulations Urgently Needed; Congress may hold hearing.

Please Contact Members of Congress and the CPSC Commissioners TODAY!

Only a matter of days remain before the February 10 implementation date for the new lead and phthalate standards go into effect and there are numerous negative economic and marketplace concerns with these new requirements.  There is still time to have your voice be heard by policymakers and regulators in Washington, but time is running out. 
 
The CPSC is expected to announce a rulemaking procedure designed to clarify certain questions about the new lead requirements this week.   Comments on the impact of phthalate requirements are also being considered by the CPSC.   In addition, the chairman of the key Congressional subcommittee on Product Safety, Rep. Bobby Rush, D-IL,  is expected to hold a hearing prior to February 10 to examine issues related to the new lead and phthalate standards.  
 
The Sporting Goods Industry needs to engage in a two-part effort to further alert Members of Congress and the CPSC Commissioners on the negative impact these new laws will have on your company if the new regulations are applied retroactively to existing inventory.  Here’s what you can do:  

1. Send the letter SGMA has prepared to Members of Congress TODAY alerting them of your concerns with the retroactive enforcement of the bans starting February 10th and ask Congress to request the CPSC Commissioners to not apply the law retroactively to existing inventory. Click here to send the letter SGMA prepared on the issue to your Representatives.
2. Click here to write to the CPSC Commissioners using the Action Alert we created and make them aware of your concern with the retroactive application of the new phthalates and lead laws.

To assist you here is a brief synopsis of the issue.   The CPSC’s General Counsel issued opinions regarding the applicability of the new standards to product in inventory in the fall of 2008.   The Counsel concluded that the new lead requirement would apply retroactively to affected products offered for sale starting February 10, 2009.  However, the new phthalates standards would not apply to existing inventory but only to products manufactured after the February 10, 2009 effective date. 
 
The CPSC General Counsel’s opinions have led to complaints that the CPSC is not interpreting the intent of the law accurately and not implementing the Consumer Product Safety Improvement Act (CPSIA) appropriately.  This is the impetus for the possible congressional hearing in the coming weeks.

If applying the new regulations to existing inventory has the potential to harm your company, we strongly recommend that you send the letter we have prepared for you.  Please modify and personalize the letter by adding information related to your company, products, number of employees, economic contribution to the community/state etc.  SGMA has arranged for you to automatically send the letter to your Member of Congress using the address you provide.  Please share this tool with co-workers, employees, friends and families to help spread the word and get the message to Congress with maximum effect.
 
Thank you for your participation, it makes a big difference.

 ~Bill Sells, SGMA's Vice President of Government Relations