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U.S. Congress passes CPSIA reform bill – HR2715

2011-10-26

The Consumer Product Safety Improvement Act (CPSIA) reform bill – H.R. 2715 – passed both houses of Congress on August 1, 2011, and is currently awaiting President Obama's signature. Unless otherwise specified, the bill will take effect upon the date of the president's signature. The main contents of the bill include:

Lead content (substrate)

- The lead content limit is reduced to 100 ppm and applies only to children's products manufactured on or after August 14, 2011. Products currently on the market that meet the 300 ppm limit can be sold after August 14, 2011, even if the lead content of their components is higher than 100 ppm.

- The Consumer Product Safety Commission is given the power to grant a functional exemption to a product, a class of products or materials, provided that the product or material meets the following requirements:

(1) the use of lead is necessary for the function of the product or it is technically impossible to remove lead, and

(2) the product, components or materials are unlikely to be put into the mouth or swallowed, and

(3) there is no measurable negative impact on public health or safety, such as no measurable increase in blood lead levels in children.

- Off-highway vehicles are not subject to lead content requirements.

– Bicycles: The suspension period for lead content testing requirements will end on December 31, 2011, after which the lead content of metal parts regulated by the CPSIA must not exceed 300 ppm.

– Second-hand children's products, except for metal jewelry, are not regulated; however, sellers who are aware that their products violate lead content limits will still be held liable.

Phthalate content

– Accessibility: For accessible parts containing plasticizers or made of phthalate-containing materials (see Consumer Council regulations), the phthalate content is limited.

Third-Party Testing

– Replace "randomly selected" samples with "representative" samples.

– Request the committee to solicit public comments on the possibility of reducing the cost burden of testing, including easing pressure on "small-batch manufacturers".

– "Ordinary books" and other printed materials for children are exempt from third-party testing requirements unless these books have play functions or contain non-paper materials that are not traditionally bound or processed, such as metals or plastics. However, books still need to meet the lead content limits.

– Accessible metal parts on bicycles are exempt from third-party lead testing requirements, but still need to meet the lead content limits.

Tracking Labels

– Allows the committee to grant an exemption from this requirement for a particular product or category of products.

ASTM F963 – Excludes the requirements of the U.S. Food and Drug Administration (FDA) from mandatory children's standards.

Durable Baby Care Product Standards

– Simplify the process for revising voluntary standards.

– The revision process and timing are similar to the mandatory toy standard ASTM F963.

– Cribs: Manufacturers and importers bear corresponding responsibility, but other persons may also be required to assume responsibility where the CPSC deems it necessary to avoid unreasonable health or safety risks.

CPSC Public Safety Database

– Grants the Commission up to 5 days to address complaints regarding inaccurate materials.

– Requests the Commission to provide relevant information if incident reports do not include product identification features such as model number, serial number, or photograph.

Source: UNCTAD (September 26, 2011)

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