CPSC Lays Out Plans for 2010 CPSIA Implementation in its FY 2010 Budget Request – Broker Power Inc.
The Consumer Product Safety Commission has released its fiscal year 2010 budget request of $107,000,000, a slight increase over its FY 2009 budget of $105 million.
In addition to presenting its budget request, CPSC outlines the following goals for 2010 regarding its implementation of the Consumer Product Safety Improvement Act of 2008 (CPSIA1) (partial list):
Staff to Screen 500 Models of Children’s Products for Lead
CPSC states that in 2010, its staff will screen 500 models of children’s products for compliance with both the CPSIA lead content limit and the lowered CPSIA limit on lead in paint and similar surface coatings.
CPSC to Develop Protocols & Standards for Random Sampling, Verification, etc.
CPSC staff will develop, for Commission consideration, protocols and standards for: (1) periodic random sampling and testing of children’s products; (2) verification that children’s products tested by a conformity assessment body comply with applicable children’s product safety rules; and (3) safeguarding against the exercise of undue influence on a third party conformity assessment body by a manufacturer or private labeler.
CPSC to Consider Use of Labels to Show Compliance with CPSIA Certification
In 2010, CPSC staff will develop, and send to the Commission for consideration, requirements for a program by which manufacturers and private labelers may label consumer products as complying with the certification requirements of CPSIA section 102(a).2 Staff will also prepare a briefing package on a proposed rule regarding labeling of consumer products for Commission consideration.
CPSC May Issue Lead Content Exclusions and Determinations
If needed, staff will prepare for Commission consideration: (1) a rule providing for the determination that the lead content of certain specified products or materials does not exceed the CPSIA lead content limits for children’s products; and (2) a rule providing for the exclusion of a specified product or material from the CPSIA lead content limit.
Staff to Complete Report on Using XRF to Measure Lead in Paint
In 2010, CPSC will complete a draft status report on the effectiveness of XRF and other alternative technologies for the measurement of lead in paint.
CPSC to Finalize Interpretive Rule on Products Covered by Phthalates Provisions
CPSC will finalize its interpretative rule on the products covered by the phthalates provisions of the CPSIA.
Staff to Draft Final Rules on Safety Standards for Toddler Beds and Bassinets
In 2010, staff will prepare two briefing packages with draft final rules on safety standards for Commission consideration – one for toddler beds and the other for bassinets. Staff will select two additional products and prepare draft final rules for Commission consideration.
CPSC to Hold Six Public Meetings on CPSIA in 2010
CPSC plans that staff will participate in six meetings in 2010 to address the many questions about the CPSIA and to allow for an open dialogue with stakeholders. In these meetings, sections of the CPSIA of most interest to stakeholders will be explained and discussion encouraged through question and answer sessions.
1Enacted as Public Law 110-314 on August 14, 2008.
2Section 102(a) of the CPSIA requires that manufacturers and private labelers (later refined by CPSC to be domestic manufacturers and importers) of products subject to a consumer product safety rule under the Consumer Product Safety Act (CPSA) or any similar rule, ban, standard, or regulation under any other act enforced by CPSC, issue a general conformity certificate, based on testing or a reasonable testing program, which certifies that the product complies with all applicable CPSC standards, bans, etc. In addition, Section 102(a) subjects children’s products (for children 12 and younger) to a more stringent requirement, as certification for those products must be based on third-party testing by a CPSC-accredited lab. (Another section of the CPSIA requires that these conformity certificates “accompany” the products, are furnished to retailers, etc.)
Note that in February 2009, CPSC stayed until February 10, 2010, most of these Section 102(a) testing and certification requirements, though not the underlying product safety requirements.
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