December 16, 2009

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CPSC commissioners voted 5-0 December 16 to lift the testing and certification stay on certain products, but not for others, and decided to “bifurcate” the decision related to lead issues until December 17. They will vote by ballot.

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They also will consider by ballot an amendment from Commissioner Anne Northup to tie the stay to the “15 Month Rule” under section 102(d) of the CPSIA. Her change would make the stay end six months after CPSC finalizes that rule.

The splitting arose after discussion about the short time commissioners had the briefing document. It became available to commissioners late the evening before (December 15). CPSC rules require that commissioners have such documents for five days before voting, although that rule can be set aside under certain circumstances.

The commission’s approach to lifting the stay takes into account that products are falling into five categories as described by CPSC staff at a commission briefing earlier this month.

Products for Which Stay Will Be Lifted after February 10

First are items deemed able to meet easily the requirements that are behind the general conformity certificates (GCCs), mostly because compliance is long established. These include portable gasoline containers, products subject to Poison Prevention Packaging Act requirements, flammable contact adhesives, unstable refuse bins, refrigerator handles, lead paint, matchbooks, CB antennas, cellulous insulation,.

Second are children’s products that the agency is ready to move forward with because staff deem laboratory and testing services to be adequately ready to serve the industries in February. These include bike helmets, bunk beds, rattles, and dive sticks.

Third are items that required pre-CPSIA certification that was not stayed. These include ATVs and mattresses. They will require third-party testing for child versions once accredited labs are in place.

Other Products with Issues Requiring Delayed Lifting

Fourth are products for which the agency still must issue laboratory accreditation requirements, so even when the stay is lifted, they would not be subject to testing and certification until 90 days after accreditation rules are out [not 90 days after CPSC lifts the stay]. Such product include caps and toy guns, those with phthalates, those subject to ASTM F963 toy standards, clacker balls, baby walkers, baby bath seats, children’s sleepwear, electronic toys, and 10 other durable infant products that are subject to CPSIA Section 104 rules.

Fifth are products that tend to have both adult and child models. The adult models might require just GCCs, while the child models additionally would require third-party testing. These products include carpets and rugs, those with vinyl plastic film, wearing apparel, and bikes.