Late last January, the Consumer Product Safety Commission (CSPC) slipped manufacturers and importers of children’s products an 11 month extension of the stay of enforcement for testing and certification of lead content in children’s products (other than metal components of children’s jewelry).
This was the third (and ostensibly final) extension of the stay of a portion of the rules originally scheduled to become effective in February of 2009. These rules – published as Section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) – were designed to reduce children’s exposure to lead by setting new limits for the lead content in children’s products and the paint used on the products. Specifically, no children’s product should have more than 300 parts per million (ppm) of lead content. This limit will drop to 100 ppm in August, barring further CPSC interference.
CPSC is quick to point out that, while manufacturers and importers will not be subject to testing and certification requirements for the duration of the stay, they are not exempt from compliance with restrictions on total lead content. Once the stay has lifted, however, those subject to the rules best have “the appropriate certificates demonstrating that their products comply with the CPSC-approved third party laboratory testing requirement in order for their products to be sold in the United States,” reminds law firm King & Spalding in a recently published Alert.