The U.S. Consumer Product Safety Commission (CPSC) has granted a one-year stay of enforcement of testing and certification requirements for certain products required by the Consumer Product Safety Improvement Act of 2008 (CPSIA). This action by the CPSC is limited in scope and provides only a partial reprieve from the testing and certification requirements which go into effect on February 10, 2009.

This stay of enforcement:

• Does not postpone compliance with the underlying requirements enacted by Congress. Manufacturers of children’s products still need to comply with the statutory limits for total lead content and phthalates and must comply with the mandatory toy standards under ASTM F 963. During this stay of enforcement, products will not need to be tested or certified, but they still need to meet the new limits and standards.
• Does not affect the applicability of the lead ban to existing inventory. Products already on store shelves need to comply with the lead limits.
• Does notstop the testing and certification requirements from going into effect; it merely postpones them.
• Does not postpone the testing and certification requirements which have already been implemented, namely, those for: lead paint; cribs and pacifiers; small parts; and metal jewelry.
• Does provide an opportunity for the CPSC to establish rules needed for implementation of the provisions under Section 101 (lead) of the CPSIA.
• Does provide the CPSC time to rule on exemptions and exclusions from the lead provisions and gives its staff time to develop an approach to component parts testing.
• Does provide the CPSC an opportunity to provide detailed guidance, particularly for home-based manufacturers, on how to comply with the requirements of the law.

The impact of this stay of enforcement is summarized in the table below which highlights some of the key requirements of the CPSIA:

CPSIA Requirements for Certain Children's Products
Requirement	Date Required	Postponed until 2/10/10
Section 101: Lead paint limit - wet paint, toys and articles for children, and furniture for consumer use (600 ppm)	2/27/1978#
Section 102: Mandatory 3rd-party testing and certification for lead in paint	12/21/2008*
Section 102: Mandatory 3rd-party testing and certification of cribs and pacifiers	1/20/2009*
Section 101: Total lead content (600 ppm)	2/10/2009#
Section 102: Testing and certification for total lead content (600 ppm)		X
Section 108: Phthalates limits	2/10/2009*
Section 108: Testing and certification for phthalates		X
Section 106: ASTM F 963 toy standard becomes mandatory	2/10/2009*
Section 102: Testing and certification for ASTM F 963 standard		X
Section 102: Mandatory 3rd-party testing and certification for small parts	2/15/2009*
Section 102: Mandatory 3rd-party testing and certification of children's metal jewelry	3/23/2009*
Section 101: Lead paint limit - wet paint, toys and articles for children, and furniture for consumer use (90 ppm)	8/14/2009#
Section 101: Total lead content (300 ppm)	8/14/2009#
Section 102: Mandatory 3rd-party testing and certification for total lead content (300 ppm)		X
Section 103: Tracking labels	8/14/2009*

# For products in inventory or on store shelves, regardless of date of manufacture.
* For products manufactured on or after this date.

The stay of enforcement is effective February 10, 2009, and will remain in effect until February 10, 2010, at which time the CPSC will vote whether or not to terminate the stay. The CPSC cautions manufacturers and importers to prepare now for February 10, 2010, when the testing and certification requirements will be enforced unless, by vote, the stay is extended at that time.

CPSC Announcement

Draft Federal Register Notice

STR is prepared to provide guidance to our clients as they attempt to interpret the implications of the CPSC’s latest action. As a CPSC accredited laboratory, we can assist our clients in understanding and complying with the CPSIA requirements. 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, certification, and responsible sourcing services to help ensure that clients have the highest level of confidence in the quality, safety and social standards of their products and systems. For more information regarding STR global services, please contact us at info@STRQuality.com.

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