Citing preemption by the recently enacted Consumer Product Safety Improvement Act of 2008 (CPSIA), the states of Maryland and Washington have withdrawn Child Product Safety Laws.

The state of Maryland’s Department of the Environment (MDE) has withdrawn its Lead-Containing Children’s Products Prohibition (Chapter 483, House Bill 62). In a letter dated October 30, 2008, the MDE cites the following four areas in which its law is preempted by the CPSIA: 1) The component part of a product that is not accessible to a child; 2) The definition of electronic device; 3) The laboratory testing of the product; and 4) The effective date

The state of Washington's Department of Ecology (Ecology) has withdrawn the chemical standards of its Children’s Safe Products Act (Chapter 288, House Bill 2647) (CSPA), also citing preemption by the CPSIA. In a letter dated November 5, 2008, Ecology states that the CPSIA substantially preempts Washington's standards for lead, phthalates and cadmium, and that pursuing an exemption from preemption would likely result in a protracted legal argument with the promise of only marginal improvement in the safety of children’s products. Ecology does note, however, that the CPSIA does not preempt the listing and reporting requirements under the CSPA, and that the agency intends to move forward on these topics.

Washington Dept. of Ecology

As a CPSC accredited laboratory, STR can assist our clients in complying with the new testing and certification requirements under the CPSIA. We offer analytical expertise in lead, heavy metals and phthalate content testing. Our hazard prevention program for toys includes comprehensive design evaluation, safety testing, audit, inspection as well as responsible sourcing services. For more information, contact us at info@STRQuality.com.

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