CPSC Extends Stay of Enforcement Another Year and Adopts Interim Policy Permitting Component Part Testing for Lead


Informed by its ongoing dialogue with stakeholders, the Consumer Product Safety Commission (CPSC or Commission) voted (4-1) to extend the stay of enforcement on testing and certification of many regulated children’s products, including those subject to the lead content limits, until February 10, 2011. As before, while providing a limited reprieve on testing and certification, products must still comply with all applicable rules, standards and bans. The Commission also voted unanimously to approve an interim enforcement policy that allows component testing as a basis for demonstrating compliance with the new lead paint and lead content limits.

Categories of children’s products covered by the extended stay of enforcement include the following: children’s toys and child care articles with banned phthalates, children’s toys subject to the mandatory toy safety standard (ASTM F-963), caps and toy guns, clacker balls, baby walkers, bath seats, other durable infant products, electrically operated toys, youth all terrain vehicles, youth mattresses, children’s bicycles, carpets and rugs, vinyl plastic film and children’s sleepwear. Independent third-party testing and certification will only be required for these categories of children’s products 90 days after the CPSC publishes the laboratory accreditation requirements for any individual category in the Federal Register.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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