Consumer Product Safety Improvement Act requirements

[J C Sprowls]

Does anyone have a copy of a recent report from a lab? I'm not interested in the product details. I want to understand the contents of the reports and how those reports identify the product they are testing.

I need to get a sense of the impact upon the testing centers. Seeing a recent report will let me identify the gaps they will eventually need to fill in support of the CPSIA.

[Carol Phillips]

The new legislation/rule-making is beginning to get noticed in the general press. Here's what I've cross-posted into the open site:

Today 11/18/08 edition of the Wall Street Journal, page B2:
"Vendors Urge Relaxed Lead-Safety Rule "
The author is:
melanie.trottman@wsj.com
No mention that the act applies to ALL apparel, not just kid stuff! Perhaps she would be interested in a followup article that much wider problems that are going to ensue, unless Congress changes the law.
I can't post the whole thing, but here are some fair-use quotes:
"Rick Woldenberg, chairman of family-owned Learning Resources Inc., an Illinois-based maker of educational toys, said he funds his day-to-day operations with the help of a revolving-credit loan backed by his inventory. On Feb. 10, much of his inventory could be deemed worthless, potentially putting his loan agreement at risk. He said he has dubbed Feb. 10 National Bankruptcy Day."

and:
"There's the potential loss of billions of dollars in inventory that is deemed safe for purchase on Feb. 9 but deemed unsafe Feb. 10" unless proved otherwise, said Jim Neill, an association spokesman [of the National Association of Manufacturers]"

and:
"Late last week, CPSC General Counsel Cheryl Falvey refuted industry arguments that the new standard wasn't supposed to apply retroactively to existing inventory.
She said Congress was clear in stating that a product in violation of the new lead limits would be treated as a "banned hazardous substance" and therefore unlawful to sell as of Feb. 10."

I can make another post with more fair-use quotes if wanted, but there is another significant line in the story:
"Manufacturers use lead in everything from snaps on clothing to paint on toys..."
so I DEFINITELY would be worried about testing required on buttons and other findings.
Carol

[Miracle]

http://online.wsj.com/article/SB122696993087535701.html

[mhswope]

Kathleen,

I know you have a lot on your plate, but I think you (with your clout) should contact melanie.trottman@wsj.com and tell her the impact on clothing. Most reporters LOVE leads like this. It would make a great follow-up for her (and us).

Marguerite

[Kathleen F.]

I already did.

Furthermore, I just finished making arrangements to attend the AAFA meeting on Dec 3rd in Washington DC. I will be soliciting letters from all of you to bring with me that I will leave with them. I want a huge box of them.

[Alison Cummins]

What about goods sold in Canada and bought online by US consumers? Can online sellers not ship to US addresses at all without a testing certificate in the package?

[Aranya]

I may have missed this question - sorry, this thread is voluminous!

But if you produce for sale & delivery overseas are you under these same testing requirements? So far it seems to address products coming into the US but not going out...

I would like to help and do my part with this issue but I just need to know exactly what you need me to do once it is clarified/agreed what we will do as a clear consistent voice from our group here.

[J C Sprowls]

My opinion (FWIW) when it comes to matters of compliance is this:

Whatever the most stringent policy you have to comply with should be considered the minimum specification for your product or operation.

For example, if the state of Utah said you couldn't sell pink M&Ms in their state, you should seriously consider if it's easier to produce a special (i.e. custom) run for shipment to UT stores or just not make pink M&Ms anymore.

The "pro" for eliminating pink M&Ms from production, entirely, means that you can avoid the ethical debate that would ensue if customers drove over the CO border to by pink M&Ms but consumed them on UT soil. While technically the user's fault, the manufacturer might have accountability depending how loose the regulation were written.

[Kathleen F.]

Announcement:
Out of apparent necessity, I've created a new subheading "Legal". This is now in the CPSIA folder under that.