CPSC Extends Stay of Enforcement, Modifies Lead Testing

On Dec. 18, the Consumer Product Safety Commission voted unanimously to extend a stay of enforcement on testing and certification of many regulated children’s products. The enforcement of specific CPSC testing requirements has been stayed, but the products must still comply with all applicable rules and bans.

According to a release from the CPSC, the only children’s apparel that will remain covered by the stay of enforcement is children’s sleepwear. The stay of enforcement will remain in effect while the CPSC works toward recognizing labs, the release said. Independent third-party testing and certification will only be required for children’s sleepwear and the other children’s items specified by the CPSC 90 days after the CPSC publishes the laboratory accreditation requirements for any individual category in the Federal Register.

The CPSC also voted to extend the certification and third-party testing for children’s products subject to lead-content limits until Feb. 10, 2011. Under this decision, products must still meet the 300-parts-per-million lead limit now, but certification and third-party testing to show compliance will be required for all children’s products manufactured after Feb. 10, 2011.

The CPSC also voted to adopt an interim enforcement policy allowing component-part testing. Under the policy, domestic manufacturers and importers can continue to send samples of the entire children’s product out for third-party testing or they can certify compliance with lead limits for each component and each type of paint in a product if they obtain passing test results from a recognized third-party testing lab or hold certificates from paint suppliers declaring that all their paint on the product complies with the lead limit based on testing by recognized independent third-party testing laboratories.

For more information, visit www.cpsc.gov.—Erin Barajas