CPSC Grants One Year Stay of Testing and Certification
No. 06/2009 The U.S. Consumer Product Safety Commission voted unanimously to issue 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.
Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements. The decision by the Commission gives the staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.
The stay will remain in effect until February 10, 2010, and does not apply to: Four requirements for third-party testing and certification of certain children’s products subject to: The ban on lead in paint and other surface coatings effective for products made after December 21, 2008
The standards for full-size and non full-size cribs and pacifiers effective for products made after January 20, 2009
The ban on small parts effective for products made after February 15, 2009; and
The limits on lead content of metal components of children’s jewelry effective for products made after March 23, 2009
Certification requirements applicable to ATV’s manufactured after April 13, 2009
Pre-CPSIA testing and certification requirements, including for: automatic residential garage door openers, bike helmets, candles with metal core wicks, lawnmowers, lighters, mattresses, and swimming pool slides; and
Pool drain cover requirements of the Virginia Graeme Baker Pool and Spa Safety Act The Commission trusts that State Attorneys General will respect the Commission's judgment that it is necessary to stay certain testing and certification requirements and will focus their own enforcement efforts on other provisions of the law, e.g. the sale of recalled products.
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