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CPSC Issues One Year Stay of Enforcement
Stay of Enforcement
On January 30, 2009, the U.S. Consumer Product Safety Commission has issued a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. The “Stay of Enforcement” by the CPSC ONLY applies to the certificates of compliance and mandatory third party testing by a CPSC accredited laboratory for some of the CPSIA requirements. All covered items MUST still meet the product safety requirements.
All children’s products that are manufactured on or after November 12, 2008, must have a certificate that states compliance with Lead in Paint / Surface Coating and Small Parts requirements under the CPSIA or any other Act enforced by the CPSC. The current “Stay of Enforcement” by the CPSC has moved the enforcement of certificates of compliance for all other product requirements under the CPSIA to February 10, 2010. Therefore, manufacturers must be aware of all the standards and testing requirements of the law and take appropriate steps to ensure that they meet not only the current requirements, but also are preparing themselves and their products to meet future requirements.
| Parameter |
Requirement |
Date Product required to be in compliance |
Effective date for third party testing and certification |
| Lead in paint |
≤ 600 ppm ≤ 90 ppm |
Currently required August 14, 2009 |
Currently required August 14, 2009 |
| Total Lead Content |
≤ 600 ppm ≤ 300 ppm ≤ 100 ppm (if technologically feasible) |
Currently required August 14, 2009 August 14, 2011 |
February 10, 2010* February 10, 2010* August 14, 2011 |
| Certain Phthalates (DEHP, DBP, BBP, DIDP, DINP, DNOP) |
≤ 0.1 % each phthalate in toys and childcare articles |
Currently required |
February 10, 2010* |
| Small parts (Products for under 3) |
16 CFR 1501 |
Currently required |
Currently required |
| Sharp Points / Sharp Edges (Products for age 8 and under) |
16 CFR 1500.48 & 49 |
Currently required |
February 10, 2010 |
| Wearing Apparel Flammability |
16 CFR 1610 |
Currently required |
February 10, 2010 |
| Children’s Sleepwear Flammability |
16 CFR 1615 / 1616 |
Currently required |
February 10, 2010 |
| Flammability of Carpets and Rugs |
16 CFR 1630 & 1631 |
Currently required |
February 10, 2010 |
| Flammability of Mattress Pads |
16 CFR 1632 |
Currently required |
February 10, 2010 |
* Accredited third party testing and certification are not required for products already in inventory that are covered by the new lead and phthalates limits
Note:
- The enforcement of the requirement for a general certificate of conformity for non-children’s products will resume on February 10, 2010. The Commission will be issuing additional information on this topic prior to that date.
- All products covered by the CPSIA and any other bans, standards and acts enforced by the CPSC must continue to meet the requirements set forth in the CPSIA and other bans, standards and acts.
- The information was last updated on February 2009 so for more details, please visit US Consumer Product Safety Commission
