On December 28, 2009, the US Consumer Product Safety Commission (CPSC) announced its decision to revise the terms of its stay of the enforcement of certain testing and certification requirements under the Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA). On February 9, 2009, the CPSC announced a stay of enforcement that would remain in effect until February 10, 2010 on testing and certification requirements applicable to children’s product safety rules for which accreditation requirements for third party conformity assessment bodies had not yet been published, or that were not in effect prior to enactment of the CPSIA (e.g., certification based on a reasonable testing program for nonchildren’s products subject to a consumer product safety rule).
Under the revised terms, effective February 10, 2010, the CPSC will lift the stay on children’s product safety rules applicable to certain children’s products, including bicycle helmets, bunk beds, rattles and dive sticks, and on consumer product safety rules applicable to certain nonchildren’s products, including lead-in-paint in paint and on furniture, child-resistance requirements on portable gas containers, special packaging, extremely flammable contact adhesives, unstable refuse bins and refrigerator door latches. The stay will remain in effect with respect to the rule on bicycles (children’s and nonchildren’s) until May 17, 2010, and the rule on total lead content in children’s products until February 10, 2011. The stay will remain in effect until further notice with respect to rules on carpets and rugs; vinyl plastic film; wearing apparel; caps and toy guns; phthalates; ASTM F963; clacker balls; baby walkers; bath seats; children’s sleepwear; electronic toys and durable infant products. Children’s products subject to a lift of the stay of enforcement will require testing by an accredited third party laboratory and certification based on that testing. Nonchildren’s products subject to a lift will require testing based on a reasonable testing program and general conformity certification.