August 20, 2008. All of CPSC’s current regulations are available in Title 16 of the Electronic Code of Federal Regulations. The Natural Resources Defense Council and Public Citizen apparently agree that these products are already in distribution, but believe that manufacturers should still be held liable. Illegal and unethical. Consumer Product Safety Improvement Act (CPSIA) 15 U.S.C. Phthalate limits in toys and certain child care articles contained in Section 108 of the CPSIA. Counseling numerous manufacturers, importers and retailers regarding compliance with consumer product safety requirements, including the Consumer Product Safety Improvement Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act and the Flammable Fabrics Act. [citation needed] In response to this criticism, the CPSC added Rule 1109, known as the "Component Part Testing Rule", that allows U.S. importers to rely on suppliers to meet testing requirements, so long as “due care” is used to make sure that the supplier has in fact complied with requirements. Section 101(a) of the CPSIA provides that by February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Congress passed this legislation in the wake of several high profile recalls in 2007 and 2008 of toys manufactured in China. 4330 East West Highway Bethesda, MD 20814. The legislation reduces the amount of total lead content in children's product substrates to: The Falvey Opinion (named for Cheryl Falvey, General Counsel for the CPSC) issued on September 12, 2008 stated that these limits would be retroactively applied to products on retailer's shelves on the dates indicated. Requires CPSC approval of the remedy offered in a product recall, rather than giving the recalling party its choice of repair, replace, or refund. related. Since the Consumer Product Safety Improvement Act of 2008 became law in August 2008, Bayer reviewed the requirements of the legislation to ensure full compliance. The Consumer Product Safety Improvement Act (CPSIA) is a U.S. Federal regulation regarding labeling choking hazards for kids. The Consumer Product Safety Improvement Act (CPSIA) This landmark consumer product safety law amended CPSA in 2008 and provided CPSC with significant new regulatory and enforcement tools as part of amending and enhancing several CPSC statutes, including the Consumer Product Safety Act. [9], Additionally, under the Act a Publicly Available Consumer Product Safety Information Database where consumers can directly report harm or merely a risk of harm officially launched on March 11, 2011.[10]. 4040--110th Congress (2007): Consumer Product Safety Improvement Act of 2008, "Third-Party Testing of Children's Toys Required by CPSC", "A New 'Must-Do' for Children's Products Importers and Domestic Manufacturers: A CPSC-Compliant Product Testing and Certification Program", http://www.cpsc.gov/Business--Manufacturing/Business-Education/Durable-Infant-or-Toddler-Products/, Consumer Products Act Whistleblower Provisions, "The "Safer Products" Database: Reports of Harm Made Public on March 11, 2011", Pet Food Recall (Melamine)/Tainted Animal Feed, Suit Challenges Agency Over Phthalates Ruling, 5 Tips for Implementing a CPSC Compliance Program, CSPC ruling on the certificate of compliance, Notice of Stay of Enforcement of Testing and Certification Requirements, Goodwill stores pull clothes, toys from shelves to comply with lead safety law, CPSC stays delay; too little too late for some businesses, Safety law has local business closing doors, New law has thrift stores worried about the toys on their shelves, Goodwill stores pull items to comply with new federal laws, Doll shop closes despite temporary hold on anti-lead law, New law for lead confounds resale and thrift shop owners, New lead law impacting local thrift stores, Links to other legislation relevant to CPSC and CPSIA, The Handmade Toy Alliance Urges the Senate to hold Hearings on the CPSIA, https://en.wikipedia.org/w/index.php?title=Consumer_Product_Safety_Improvement_Act&oldid=972595663, United States federal commerce legislation, Articles with unsourced statements from March 2009, Creative Commons Attribution-ShareAlike License, Consumer Product Safety Improvement Act of 2008. The legislation reduces the limit of lead allowed in surface coatings or paint to 90 ppm (from the current limit of 600 ppm) effective on August 14, 2009. [17][18], Final product testing may actually be counterproductive if, for example, a solid lead button is tested as part of a larger product. The law: Manufacturers, both large and small, have protested the extremely short timelines, the failure to take into account manufacturing processes, and the failure to take into account the breadth of the impact. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) The Consumer Product Safety Improvement Act provides for specific lead limits in children's products. Consumer Product Safety Improvement Act (CPSIA) Compliance Solutions. 4040) into law as Public Law No. [citation needed], Manufacturers also note both the difficulty and the apparently contradictory mandate to perform unit testing. In GovTrack.us, a database of bills in the U.S. Congress. The law—public law 110-314—increases the budget of the Consumer Product Safety Commission(CPSC), imposes new testing and documentation r… [22], In early 2009, local media reported that children's clothes, books, toys, and other items were being removed from shelves at local stores - and in some of these cases even to the point of causing the entire store to close - in Wichita, Kansas,[23] Ionia, Michigan,[24] Conway, Arkansas,[25] Goldsboro, North Carolina,[26] Lincoln, Nebraska,[27] New York City, New York (NYC),[28] Rochester, New York,[29] Marshall, Minnesota,[30] Kailua, Hawaii,[31] New Port Richey, Florida,[32] and Tucson, Arizona. 2064(a), as well as, 16 C.F.R. January 23, 2009 To Our Customers: In response to inquiries about our product compliance with the recently enacted CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008, our products have gone through the independent testing required with Bureau Veritas. [3], CPSC General Counsel Falvey provided an advisory opinion on October 17, 2008 that the phthalate ban does not apply to children's footwear. Because the inventory is going to become unsalable on February 10, 2009, there will be an abrupt change in their borrowing base. c. Consumer Product Safety Improvement Act. CPSC has and is continuing to implement regulations based on CPSIA. In a section of the Act known as the Danny Keysar Child Product Safety Notification Act,[8] mandatory standards are required for infant and toddler durable products, cribs cannot be sold that don't meet current standards and all infant and toddler durable products must have product registration cards. Canada Consumer Product Safety Act. When tested separately, the button would fail, but when mixed together with the other inputs, the final total lead content may fall below the standard. On October 9, 2011 CSPC passed final regulations requiring third-party safety testing for children's products. [6] The actual date for compliance as publish for compliance will be February 8, 2013 for their own Product Testing and Certification Program.[7]. The purpose of the Act's whistleblower provision is to protect employees who do the right thing by speaking up when they believe their employer has violated a consumer product safety law. Large manufacturers tend to be very leveraged, and use their eligible inventory as their borrowing base. Product Safety. Beginning August 14, 2009, children's products must be marked by a permanent distinguishing mark or label that indicates the manufacturer, cohort (batch), and any other mark necessary to trace the product. c. Consumer Product Safety Improvement Act. 2051) protects whistle blowers who take certain actions to raise concerns about consumer product safety. The Consumer Product Safety Improvement Act or CPSIA establishes lead and phthalate limits in children’s products, toys, and child care articles for any product that is used by children 12 and under. The Improvement Act, which was signed into law and became effective on August 14, 2008, provides for new whistleblower protections for employees. … On March 6, 2008, the U.S. Senate approved the bill 79-13. The link you selected is for a destination outside of the Federal Government. For public companies, it raises the issue of whether those officers are making false representations, introducing the specter of criminal liability under Sarbanes-Oxley. Consumer Product Safety Improvement Act of 2008 Approved by Congress and Signed by President. Increases civil penalties for failure to report possible product hazards to the CPSC in a timely manner from $5,000 per violation (with a cap of $1,825,000) to $100,000 per violation (with a cap of $15 million). H.R.4040 - Consumer Product Safety Improvement Act of 2008 110th Congress (2007-2008) The CPSIA defines the term “children’s product” and generally requires that children’s products: The CPSIA also requires domestic manufacturers or importers of non-children’s products to issue a General Certificate of Conformity (GCC). Manufacturers must wait until a final ruling is made before they can perform the required testing or gather the required documentation. chapter ii. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered: See 15 USC 2052 See also 16 CFR 1200.2(a) For the CPSC's detailed analysis about the four factors, see 16 CFR 1200.2(c). Please look there for product guidance, keys to compliance and frequently asked questions and answers. Children's products are singled out for third party testing by this Act. The Act also increases fines and specifies jail time for some violations. [2], The law increases the CPSC budget authorization from $80 million in 2008 to $136 million in 2014. Manufacturers point out that many of the products to be impacted are already making their way through the supply chain. assisting consumers in evaluating the comparative safety of consumer products, developing uniform safety standards for consumer products; and promoting research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries. CPSC.gov is an official website of the United States government. Allows alternate limits if the specified limits are not … Consumer Product Safety Improvement Act of 2008 - Title I: Children's Product Safety - (Sec. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. You may wish to review the privacy policy of the external site as its information collection practices may differ from ours. ET, Office of Equal Employment Opportunity and Minority Enterprise, Regulations, Mandatory Standards and Bans, The Consumer Product Safety Improvement Act, Durable Infant or Toddler Product Safety Standards: Scroll down the page to, Testing and Certification, including initial testing, periodic testing & material change testing requirements, as well as possible testing cost relief associated with component parts. [1] The law—public law 110-314—increases the budget of the Consumer Product Safety Commission (CPSC), imposes new testing and documentation requirements, and sets new acceptable levels of several substances. The CPSIA included provisions addressing, among other things, lead, phthalates, toy safety, durable infant or toddler products, third-party testing and certification, tracking labels, imports, ATVs, civil and criminal penalties and SaferProducts.gov, a publically-searchable database of reports of harm. Congress enacted the CPSIA (Pub. The Act also prohibits those products that are substandard. List the name, address, and phone number of the manufacturer, importer, and/or private labeler issuing the certificate and any third party testing facility. Increases criminal penalties for various prohibited acts to include forfeiture of assets and imprisonment for up to five years, and eliminates the requirement that the CPSC first notify a company of noncompliance before seeking criminal penalties. It imposes new requirements on manufacturers of apparel, shoes, personal care products, accessories and jewelry, home furnishings, bedding, toys, electronics and video games, books, school supplies, educational materials and science kits. Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. The Consumer Product Safety Improvement Act (CPSIA) of 2008 is a United States law signed on August 14, 2008 by President George W. Bush. Olson also claims that there has never been any known case of a child receiving lead poisoning from a book. Consumer Product Safety Act was enacted in 1972 by the U.S. Congress. Because many of these loan agreements and all publicly traded companies require audited financial statements at the end of the year, inventories will be tested. This is available on our Business Education / CPSIA page. On March 6, 2008, the U.S. Senate approved the bill 79-13. In December 2009, this stay of enforcement was further extended until February 10, 2011. SHORT TITLE, [16] An apparel manufacturer, for example, might use a single mill product such as organic cotton cloth coupled with a few organic dyes and a few pieces of hardware such as zippers or buttons. 110-314. The Consumer Product Safety Improvement Act (CPSIA) is a U.S. federal law designed to improve the regulatory and enforcement powers of the Consumer Product Safety Commission. [1] Among other provisions, its Section 219 (15 U.S.C. SHORT TITLE; TABLE OF CONTENTS. The CPSIA increases the budget of the Consumer Product Safety Commission (CPSC) and imposes new testing and documentation obligation on manufacturers, importers and retailers of … c. Legal but unethical. List the date and place of manufacture and date and place of testing. In his closing paragraph, Olson writes "... ours will be a poorer world...". On December 19, 2007, the U.S. House approved the bill 407-0. The certificate must: These certificates must accompany the product through the distribution chain through the retailer. [5] This requirement was imposed on every product manufactured on or after November 12, 2008. The consumer product safety act improvement act of 2008 includes rules covering the resale of goods such as in a garage sale True Federal trademark law provisions provide remedies for companies whose products are misrepresented in comparative advertising. Allows for other purposes testing by this Act was enacted in 1972 by U.S.... 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