The Consumer Product Safety Improvement Act of 2008
A measure aimed at restricting children’s products goes into effect Tuesday, Feb. 10.
The Consumer Product Safety Improvement Act of 2008 requires consumer products intended for children 12 and younger to meet strict lead and phthalates requirements.
The Act, which was signed in August, is intended to decrease the amount of lead in children’s products, especially in the wake of the many lead-related toy recalls in the last few years.
However, the law was drafted broadly and has caused many manufacturers and retailers — as well as thrift store owners, crafters and everyone else making and selling children’s products — to face the daunting and sometimes impossible task of having their inventories tested for lead or face steep fines.
Manufacturers have said they would have to take millions of dollars worth of products off store shelves to comply with the law, and smaller retailers say they could be forced out of business.
As the deadline has drawn closer, the Consumer Product Safety Commission, which enforces and interprets the act, has been inundated with petitions and requests from affected businesses.
They have responded with many “clarifications” to the law, including:
• Reporting that sellers of used children’s products, such as thrift stores and consignment stores, are not required to certify products to meet the new limits and standards, but should avoid products likely to have lead content and can still be fined for selling items exceeding the lead limits.
• Approving a one-year-stay on testing and certifying for manufacturers and importers, but still requiring them to meet the limits and standards.
• Exempting children’s products made of certain natural materials, ordinary children’s books printed after 1985, or certain dyed or undyed textiles and nonmetallic thread and trim.
• Reaffirming that the act applies to products in inventory.
• Ruling that manufacturers would not have to pay for third parties to test their products for lead content (but not giving guidance on how to test for lead).
The clarifications likely will continue, as the CPSC said it will issue further guidance this week.
