CPSIA Reminder: Significant Requirements Become more Stringent on August 14, 2009.

May 13, 2009

On August 14, 2009, certain requirement of the Consumer Product Safety Improvement Act of 2008 (CPSIA) are set to become more stringent.   These requirements affect importers and manufacturers alike by reducing the led content limit in children’s toys and the general lead paint ban, as well as a new tracking label requirement for children’s products. So far, the Consumer Product Safety Commission (CPSC) charged with ensuring all covered goods meet the new standards, has made no comment on whether it will exercise enforcement discretion.

Under the new standard, any consumer product designed or intended primarily for children under 12 that exceeds 300 parts per million (ppm) (down from 600 ppm) of lead by weight in any accessible part will be considered a hazardous substance and banned. While the CPSC did grant a one-year stay on the testing requirements, it did not stay the underlying requirement which manufactures and importers will be expected to meet beginning August 14, 2009.

The new led paint ban requirement will lower the permissible lead content level in paint for consumer use, paint used on toys, and furniture for consumer use, to 0.009% of total nonvolatile weight, (down from 0.06%). Unlike the led content limit in children’s products, CPSC did not grant a one-year stay on the testing requirements for this standard and manufactures/importers have been required to have their products tested by a CPSC-accredited laboratory since December 21, 2008

It is important to note that the CPSC has determined that both led content standards will apply not only to products manufactured after August 14, 2009, but also to products manufactured earlier and are sold from inventory.

Also, beginning  August 14, 2009, the CPSC will begin requiring tracking labels on children’s products and their packaging. The label must allow the ultimate purchaser to ascertain (1) the manufacture or private labeler; (2) cohort information (including batch, run number and other identifying information.); and (3) location and date of production.

The CPSC has stated that this requirement is intended to assist in the event of a recall and is quite broad in its application. The scope of the requirement applies to all children’s products, including clothing, shoes, toys, etc.