Statements Of Policy
- Testing And Certification Of Lead Content In Children's Products: The CPSC issued a Statement of Policy to provide guidance on the testing and certification of children's products for compliance with the lead content limits under CPSIA. The Statement of Policy provides some guidance on testing and certification of component parts for lead content, including two detailed examples. Notably, the Statement of Policy clarifies that "[s]ome retailers may want manufacturers and importers to test and certify their products, but those tests and certificates are not required by the Commission for the materials or products on the list" of products exempt from the lead content limit. In addition, the Statement of Policy for the first time explicitly allowed component testing in lieu of final product testing for lead in substrate, at least to some extent, e.g., where "exempted" natural materials are in a product, only the not-exempted components/materials need be tested. However, this general allowance was limited only to lead in substrate. Statement of Policy: http://www.cpsc.gov/about/cpsia/leadpolicy.pdf.
Public Meetings And Hearings
- October 14 Commission Briefing/Public Meeting: On October 14 there was a Commission Briefing/Public Meeting. The topics discussed were:
· Lab Accreditation Requirements for Lead: Commissioner Northup raised concerns about the CPSC accreditation of proprietary ("firewalled") labs, advocating that they lose their accreditation if they pass product that turns out to violate CPSC standards. Commissioner Nord, on the other hand, complained that there did not appear to be allowance for the retroactive acceptance of products tested and passed by proprietary labs prior to their receiving CPSC accreditation to test that specific, mandatory standard. Commissioner Adler suggested that CPSC accredited labs should have to prove not only that they make appropriate training and informational materials available to their staff, but also that the staff actually undergo that training and read the appropriate materials.
· Brass Lead Exclusions Petition: Commissioner Adler and Commissioner Nord voiced frustration about the inflexibility of the statute and the fact that common sense should be infused into interpretations of the statute. See further discussion of the Petition below.
· Lead Determination Guidelines: see discussion of this Statement of Policy above.
· Recreational Off highway Vehicles Off Highway Vehicles ANPR: see discussion above; and
· Toy Safety Certification Program (TCSP), Toy Industry Association, Consumers Union, and Consumer Federation of America: the presenters announced that they are developing a specific toy manufacturing related standard and requirements document to add to ISO 9001 accreditation for TSCP approved toy factories. The Consumer Federation of America stated that the program has good aspects, but also has some serious deficiencies. Chairman Tennenbaum and Commissioners Nord and Adler generally praised the program, but Commissioner Northup questioned the program's burden on small toy manufacturers.
· Webcast: http://www.cpsc.gov/webcast/index.html.