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CPSC announcements and updates
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Kathleen F.
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Joined: 08 Sep 2005
Posts: 11098
Location: NM Albuquerque

PostPosted: Fri Jan 30, 2009 4:38 pm    Post subject: CPSC announcements and updates Reply with quote

The CPSC has posted a Stay of Enforcement of Testing and Certification Requirements; Draft Federal Register Notice, January 30, 2009 (pdf)

This is a ballot (a formality), only two people vote (3 positions are unfilled). This is how it works. They work together to write the thing. Then they "vote" on it, usually within a week. After they pass it, it goes to public comments. At that time, the public is invited to comment on the commission's decision for a one month period. After that, they process those comments and fiddle with it a few weeks before they issue a final ruling.

I'll be writing about what it means on my blog in a bit but basically, it's a staving off of the implementation of the testing rules that are so onerous. It DOES NOT cover products that were subject to a regulation or ban preceding CPSIA (cribs, sharp edges, choking hazards, flammability etc). All in all, it's not the whole solution but it's a start.

SUMMARY: This is not final. It will not cover you come 2/10/09. That is still in effect. What it does mean is that MAYBE -MAYBE- you can be back in business come the end of March.


Last edited by Kathleen F. on Mon Jul 27, 2009 3:22 pm; edited 1 time in total
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Lisa DOWNTOWN JOEY
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PostPosted: Fri Jan 30, 2009 5:14 pm    Post subject: Reply with quote

Kathleen...

I am scheduled to do XRF testing this weekend. I'm confused. Do I go ahead w/ XRF lead testing so I can ship my orders or do I temporarily cancel testing and ship without GCCs?

Any advise would be greatly appreciated.
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DeputyHeadmistress
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PostPosted: Fri Jan 30, 2009 6:00 pm    Post subject: Etsy's Admin says... Reply with quote

Matt, admin at Etsy (yes, I know, but he is admin, and it's from the CPSC office), has a press release from the CPSC saying they voted on it (favorably).

So- it still has to take a month to take effect?

Can Congress block it?

Can groups like USPIRG or Public Citizen block it in court?
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dillybopdesigns
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PostPosted: Fri Jan 30, 2009 6:25 pm    Post subject: Reply with quote

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html

This is not the ballot but the final vote. It doesn't say that it will be in effect on some later date, just that it was voted on and will be in effect until Feb 10, 2010....
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Jesica Milton
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PostPosted: Fri Jan 30, 2009 6:26 pm    Post subject: Reply with quote

Yeah I'm a bit confused. It seemed to imply that you still have to know that you're under the lead limits - but you don't have to test your products or issue a GCC? It's just not computing in my brain.

Or does that mean that manufacturer certs are ok to use in this interim period? Furthermore, does that mean that GCCs for flammability tests don't have to be issued with adult apparel right now?
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dillybopdesigns
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PostPosted: Fri Jan 30, 2009 6:33 pm    Post subject: Reply with quote

As for me, I am banking on the 1.5 hours of scientific "testimony" presented at the Apparel Meeting at the CPSC last Thursday.
Actual scientists were on hand to assure the CPSC that textiles do not, would not and could not contain lead, and I am using that knowledge as my assurance that I am selling a safe product since my line uses no zippers, buttons, grommets, rivets, rhinestones, etc. I would assume that if a product DOES contain any of those types of components, you'd better still test since there were a lot of random samples of those types of things that were over the lead limit.

Great news, as far as I am concerned! Smile
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Kathleen F.
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Joined: 08 Sep 2005
Posts: 11098
Location: NM Albuquerque

PostPosted: Fri Jan 30, 2009 6:42 pm    Post subject: Reply with quote

Yes, the press release came out after the ballot was posted.

The jury is still mixed, still sorting out all it means. We are anticipating law suits will be filed Monday morning to rescind the ruling. We'll be working all weekend.

Most really small people should be mostly okay for the short term. There's still the question of the affect on those with wholesale accounts with larger stores.

I'm going back to Washington DC next Monday for a meeting with the Product Safety Council. I imagine by then we'll know more about the effects and challenges. Stay tuned it could be our fight is really just beginning but this is exciting news!
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PostPosted: Fri Jan 30, 2009 6:45 pm    Post subject: Reply with quote

YAY YAY YAY! THANKS KATHLEEN for working TIRELESSLY (well, you MIGHT be tired actually Smile on this for us!!!! I, for one, VERY MUCH appreciate it!!!!! Smile If I didn't have these three little kids hangin' on my leg 24/7, I'd be right up there with ya! Smile
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J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Fri Jan 30, 2009 6:47 pm    Post subject: Reply with quote

Hang on a second, folks.

You need to digest. The problem Kathleen has been trying to combat is knee-jerk reactions. Change is coming quickly. And, if you don't spend time to digest what you're being presented, you're going to get buried under myths and bad information.

As it stands, the Act - as it's written - goes into force on 02/10. Period.

This proposed Final Rule is just a notice that conversations are happening (technically, happened - welcome to politics!) and what those conversations entail(ed). There is a 30-day comment period for the public to raise concerns about the proposed final rule. Those comments can influence and shape the Final Rule, which is what will be enforced after 03/02.

In other words, if you're audited after 03/02, the new rules will apply to you. If you're caught after 02/10 and tried after 03/02, the new rules will be applied retroactively to you. If you're caught after 02/10 and tried before 03/01 - you're SOL.
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PostPosted: Fri Jan 30, 2009 6:50 pm    Post subject: Reply with quote

I don't understand where the 3/2 date is coming from, and how the manufacturers getting this update via the CPSC would know that we really AREN'T being granted a stay? I am not trying to be argumentative, just trying to understand. Smile
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PostPosted: Fri Jan 30, 2009 6:56 pm    Post subject: Reply with quote

Nevermind, I am guessing the 3/2 date is related to the 30-day comments rule? Darn it, how can the CPSC go sending out a blanket statement saying that the stay has been issued and that "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" without also telling us that it isn't REALLY in effect until MAYBE 3/2? Politics?? That stinks...Sad
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J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Fri Jan 30, 2009 6:57 pm    Post subject: Reply with quote

The rule is being voted on, now. It will be about one business week (02/06) + 30 days for comments (03/06) + any other delays/votes, etc.

You're right: my math is flawed.
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dillybopdesigns
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PostPosted: Fri Jan 30, 2009 6:59 pm    Post subject: Reply with quote

BTW, sorry for posting anonymously! I somehow accidentally logged out I guess! I certainly don't want to hide! Smile
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Esther
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Joined: 17 Mar 2006
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Location: ID Spudville

PostPosted: Fri Jan 30, 2009 6:59 pm    Post subject: Reply with quote

Lisa, I would still do the testing anyway, if you can.
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dillybopdesigns
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PostPosted: Fri Jan 30, 2009 7:02 pm    Post subject: Reply with quote

Okay, JC, PLEASE pardon my lack of understanding, call it Mommy Brain, if you will, but this says they did vote and issued a stay.
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html
So, even though the CPSC voted, it only means that THEY want the stay, but other people get to actually decide if it sticks?

Am I at least on the right track?? Smile
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