CPSC Votes to Stay CPSIA Enforcement for One Year

[This is another in a series of posts by Susan Maphis covering the impact of the Consumer Product Safety Improvement Act (CPSIA). For more information about the CPSIA, read Susan's previous article: The End Of Handmade and sign up for her CPSIA Alerts Mailing List ]

On Friday, the CPSC voted to stay enforcement of the CPSIA’s testing and certification requirements for one year, putting off the deadline for compliance until February 10, 2010. While this might allay some fears of handcrafters and other manufacturers/retailers of children’s products, this delay affects some, but not all, of the provisions of the CPSIA. On February 10, 2009, testing and certification requirements for cribs, small parts, metal children’s jewelry, ATVs and lead in paint will still be enforced.

A press release posted by the CPSIA reads: “The stay of enforcement provides some temporary, limited relief to the crafters, children’s garment manufacturers and toy makers who had been subject to the testing and certification required under the CPSIA. These businesses will not need to issue certificates based on testing of their products until additional decisions are issued by the Commission. However, all businesses, including, but not limited to, handmade toy and apparel makers, crafters and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA.”

This stay of enforcement is not an overwhelming victory for resellers and handcrafters. Those who support the CPSIA, such as consumer protection advocates, could still sue to force the CPSC to enforce the CPSIA as originally written. As each state’s Attorney General was charged with enforcing the CPSIA, states could still decide to enforce the law.

U.S. Senator Jim Demint introduced plans on his blog for a bill that would change the CPSIA, including allowing component testing and forcing the CPSC to publish a compliance guide. This legislation would also exempt thrift stores, yard sales and some resellers from the law.

[ For more information about the CPSIA, read Susan's previous article: The End Of Handmade]