We have posted valuable business guidance in our Business Education /CPSIA section. … This has resulted in an online petition campaign by small manufacturers of children's apparel. [1] The law—public law 110-314—increases the budget of the Consumer Product Safety Commission (CPSC), imposes new testing and documentation requirements, and sets new acceptable levels of several substances. Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. One small bookstore owner interviewee criticized the CPSC and referenced the book Fahrenheit 451, where the destruction of books at government behest was a plot point. The Natural Resources Defense Council and Public Citizen apparently agree that these products are already in distribution, but believe that manufacturers should still be held liable. Specifically, if employees of a manufacturer, private labeler, distributor, or retailer of consumer products, may not have their employer retaliate against them for reporting potential violations of consumer product safety laws. Section 101(a) of the CPSIA provides that by February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Manufacturers must wait until a final ruling is made before they can perform the required testing or gather the required documentation. Larger manufacturers are faced with problems stemming from their leverage, from aspects of Sarbanes-Oxley legislation, from their visibility, and from the logistics of managing the testing of large varieties of products. They must be available to the CPSC during any inspection. However, these lead content testing requirements were stayed by the CPSC in January 2009 until February 10, 2010. The CPSA encompasses several consumer protection acts, such as the Poison Prevention Packaging Act (PPPA) and the Consumer Product Safety Improvement Act … 4040) into law as Public Law No. To authorize appropriations for the Consumer Product Safety Commission, and for other purposes. The Consumer Product Safety Improvement Act (CPSIA) This landmark consumer product safety law amended CPSA in 2008 and provided CPSC with significant new regulatory and enforcement tools as part of amending and enhancing several CPSC statutes, including the Consumer Product Safety Act. Finally, the CPSIA lists special requirements in Section 104 for certain durable infant and toddler products, including cribs. This will result in a negative change in valuation and a sharp reduction or termination of available credit. It also increases staffing to at least 500 personnel by 2013.[3]. 2064(a), as well as, 16 C.F.R. In both cases, the CPSC cited a need to implement further rulemaking and to give manufacturers more time to comply. The Consumer Product Safety Improvement Act of 2008 is a complex law that has wide-ranging implications for manufacturers, importers and retailers, and violations of the Act carry the possibility of severe consequences. Beginning August 14, 2009, children's products must be marked by a permanent distinguishing mark or label that indicates the manufacturer, cohort (batch), and any other mark necessary to trace the product. 15 use 2051 note. Congress passed this legislation in the wake of several high profile recalls in 2007 and 2008 of toys manufactured in China. It is targeted mostly toward "children's products", which are defined as any consumer product designed or intended primarily for children 12 years of age or younger. The legislation requires that every manufacturer of a product subject to a consumer product safety rule will provide a "General Conformity Certificate" (GCC) to certify, based on unit testing or a reasonable testing program, that the product complies with all safety rules. 101) Treats as a banned hazardous substance under the Federal Hazardous Substances Act (FHSA) any children's product (a consumer product designed or intended primarily for children 12 years of age or younger) containing more than specified amounts of lead. d. Legal and unethical. These new regulations go into effect 15 months after publication in the Federal Register. When tested separately, the button would fail, but when mixed together with the other inputs, the final total lead content may fall below the standard. A schedule for testing is found in Section 102(a)(3)(B) and shows: The third party testing requirement for lead content was originally set by the CPSIA at 600 ppm, but dropped to 300 ppm in August, 2009. Additionally, products such as “regular Children’s books”, that have never been a health problem, are being included in the products that must be tested and certified. The earlier bill was prompted by various scandals over high lead content in toys, including a December 2006 report at Waxman's behest showing high lead levels in items sold in U.S. Capitol gift shops. c. Consumer Product Safety Improvement Act. For public companies, it raises the issue of whether those officers are making false representations, introducing the specter of criminal liability under Sarbanes-Oxley. List each applicable rule, standard, and ban. There are also new rules governing all-terrain vehicles (ATVs). 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