November 2, 2009

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CPSC Commissioner Nancy Nord October 31 launched a blog called Conversations with Consumers. The first installment covered component testing, periodic testing and lead exclusions. It also touched on the investigation of Chinese drywall and Halloween safety. Nord will accept feedback from readers and respond to some.

Product Safety Forum is a free service of Product Safety Letter. Its mission is twofold: to promote frank and open airing of product safety issues and to provide advice and guidance from top experts in the field. Do you have an idea or article you think would make a great piece for Product Safety Forum, including commentary or reaction to this one? Then email Publisher Sean Oberle to discuss it. To read more stories, see the archives.

While praising CPSC efforts to reach stakeholders with modern media tools, including the official CPSC blog, OnSafety, she explained:

Since OnSafety does not provide for Commissioner or public comments, today I am launching my own blog as a complement to the official CPSC effort. I welcome comments from the public on important safety issues that are being undertaken by the agency. While I cannot promise to respond to each comment, I can and do promise to read and reflect on each. If comments collectively take on an issue or suggest a new approach, from time to time I will raise that in my blog so that we can have a public discussion on those issues.

Meanwhile, on testing and exclusions she wrote:

This is an incredibly busy time for the CPSC. The agency faces ongoing complex and troubling issues as we work to protect consumers and to implement the new Consumer Product Safety Improvement Act. I am very mindful of the overwhelming challenges the new law presents to businesses, especially small businesses, who strive every day to make safe products. The agency is trying, within the parameters of the new law, to ensure safety for American families and to minimize undue regulatory burdens. Some activities driven by the CPSIA are:

• Component Testing – This issue is of immense importance to all businesses, small and large. In the guidance issued last week on what products do not need to be tested and certified as complying with the new lead standards, we acknowledged that component testing will be accepted in lieu of testing the entire product in certain instances. However, the guidance does not answer the critical question of where in the manufacturing stream can acceptable component testing be done. The agency should provide better guidance to manufacturers who need answers NOW in order to make sourcing decisions. Fashioning such a policy is one of the staff’s highest priorities.
• Periodic Testing – On a related issue, the CPSIA requires that we issue a rule setting out further testing requirements within 15 months of enactment (November, 2009). The agency will not meet that deadline in spite of best efforts to do so. This issue is extremely complex and we need additional input from the affected public before we give answers. The staff will hold workshops on December 10th and 11th to seek public participation. A Federal Register notice will be published with details about the workshop and will also provide details for those who wish to submit written comments. In addition, a draft “Guidance Document on Testing and Certification” will be discussed with the Commission at a public meeting on November 9th. See http://www.cpsc.gov for webcast details.
• Lead Exclusions – Next week the Commissioners are scheduled to vote on a petition asking for an exclusion from the lead provisions for brass–in this case, a brass axle collar to keep the wheel on a small toy car. While the staff does not see any real safety issues with the brass in this product, they also do not believe that the law gives the agency the flexibility to grant the petition. Commissioners’ debate on this petition will take place on November 4th. See http://www.cpsc.gov for webcast details.