CPSC voting on stay of enforcement of certain CPSIA provisions

The Consumer Product Safety Commission is voting today on a Stay of Enforcement of Testing and Certification Requirements of the Consumer Product Safety Improvement Act, according to a ballot released by the agency. If the commission votes to implement, “certain product testing and certification requirements” of the new law would be stayed, pending “completion of a number of ongoing and projected Commission rulings and technical activities necessary to fully implement those requirements and to adequately educate the regulated community on them.”

Consumers Union is reviewing the CPSC’s announcement, and will have a comment shortly. Earlier today, CU joined a coalition of consumer organizations to urge that the CPSIA be enacted as originally planned on February 10,  and that President Obama act quickly to nominate a “strong chairperson to the CPSC with product safety expertise who can implement the critical new product safety law and begin to tackle the myriad of issues facing this agency.”

Also, earlier today, Senator Jim DeMint of South Carolina announced that he was going to introduce legislation that would, among other things, delay enforcement of the law by six months and exempt certain businesses, including thrift stores and consignment shops, from the act. DeMint was one of three senators to vote against the act when it passed last year.

Comments

[BioBoy]

It is unfortunate that CU has chosen to back legislation that, while not specifically intended to, certainly makes for an unfavorable environment for small businesses and craft-based sellers of children's goods. The prohibitive cost of third-party testing of small runs of specialty products will effectively put many makers of perfectly safe children's goods out of business and therefore out of jobs. Given the state of the economy, it would be nice to think that the entire situation would be considered, including the full implications of the CPSIA for all parties involved. While I certainly not advocating any loosening of current laws, it is my belief that the CPSIA is a deeply flawed and poorly worded piece of legislation that is a knee-jerk response to lead content in toys that was already illegal. Perhaps it would be better to repeal this particular act and draft a new law that is far clearer as to the regulations and their enforcements. These happen to be the actual issues to which the Stay of Enforcement speaks.