WASHINGTON, D.C. – IN FEBRUARY 2009, NEW REQUIREMENTS OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT (CPSIA) TAKE EFFECT. MANUFACTURERS, IMPORTERS AND RETAILERS ARE EXPECTED TO COMPLY WITH THE NEW CONGRESSIONALLY-MANDATED LAWS. BEGINNING FEBRUARY 10, 2009, CHILDREN’S PRODUCTS CANNOT BE SOLD IF THEY CONTAIN MORE THAN 600 PARTS PER MILLION (PPM) TOTAL LEAD. CERTAIN CHILDREN’S PRODUCTS MANUFACTURED ON OR AFTER FEBRUARY 10, 2009 CANNOT BE SOLD IF THEY CONTAIN MORE THAN 0.1% OF CERTAIN SPECIFIC PHTHALATES OR IF THEY FAIL TO MEET NEW MANDATORY STANDARDS FOR TOYS.
UNDER THE NEW LAW, CHILDREN’S PRODUCTS WITH MORE THAN 600 PPM TOTAL LEAD CANNOT LAWFULLY BE SOLD IN THE UNITED STATES ON OR AFTER FEBRUARY 10, 2009, EVEN IF THEY WERE MANUFACTURED BEFORE THAT DATE. THE TOTAL LEAD LIMIT DROPS TO 300 PPM ON AUGUST 14, 2009.
THE NEW LAW REQUIRES THAT DOMESTIC MANUFACTURERS AND IMPORTERS CERTIFY THAT CHILDREN’S PRODUCTS MADE AFTER FEBRUARY 10 MEET ALL THE NEW SAFETY STANDARDS AND THE LEAD BAN. SELLERS OF USED CHILDREN’S PRODUCTS, SUCH AS THRIFT STORES AND CONSIGNMENT STORES, ARE NOT REQUIRED TO CERTIFY THAT THOSE PRODUCTS MEET THE NEW LEAD LIMITS, PHTHALATES STANDARD OR NEW TOY STANDARDS.
THE NEW SAFETY LAW DOES NOT REQUIRE RESELLERS TO TEST CHILDREN’S PRODUCTS IN INVENTORY FOR COMPLIANCE WITH THE LEAD LIMIT BEFORE THEY ARE SOLD. HOWEVER, RESELLERS CANNOT SELL CHILDREN’S PRODUCTS THAT EXCEED THE LEAD LIMIT AND THEREFORE SHOULD AVOID PRODUCTS THAT ARE LIKELY TO HAVE LEAD CONTENT, UNLESS THEY HAVE TESTING OR OTHER INFORMATION TO INDICATE THE PRODUCTS BEING SOLD HAVE LESS THAN THE NEW LIMIT. THOSE RESELLERS THAT DO SELL PRODUCTS IN VIOLATION OF THE NEW LIMITS COULD FACE CIVIL AND/OR CRIMINAL PENALTIES.
WHEN THE CPSIA WAS SIGNED INTO LAW ON AUGUST 14, 2008, IT BECAME UNLAWFUL TO SELL RECALLED PRODUCTS. ALL RESELLERS SHOULD CHECK THE CPSC WEB SITE (WWW.CPSC.GOV) FOR INFORMATION ON RECALLED PRODUCTS BEFORE TAKING INTO INVENTORY OR SELLING A PRODUCT. THE SELLING OF RECALLED PRODUCTS ALSO COULD CARRY CIVIL AND/OR CRIMINAL PENALTIES.
WHILE CPSC EXPECTS EVERY COMPANY TO COMPLY FULLY WITH THE NEW LAWS RESELLERS SHOULD PAY SPECIAL ATTENTION TO CERTAIN PRODUCT CATEGORIES. AMONG THESE ARE RECALLED CHILDREN’S PRODUCTS, PARTICULARLY CRIBS AND PLAY YARDS; CHILDREN’S PRODUCTS THAT MAY CONTAIN LEAD, SUCH AS CHILDREN’S JEWELRY AND PAINTED WOODEN OR METAL TOYS; FLIMSILY MADE TOYS THAT ARE EASILY BREAKABLE INTO SMALL PARTS; TOYS THAT LACK THE REQUIRED AGE WARNINGS; AND DOLLS AND STUFFED TOYS THAT HAVE BUTTONS, EYES, NOSES OR OTHER SMALL PARTS THAT ARE NOT SECURELY FASTENED AND COULD PRESENT A CHOKING HAZARD FOR YOUNG CHILDREN.
THE AGENCY HAS UNDERWAY A NUMBER OF RULEMAKING PROPOSALS INTENDED TO PROVIDE GUIDANCE ON THE NEW LEAD LIMIT REQUIREMENTS. PLEASE VISIT THE CPSC WEBSITE AT WWW.CPSC.GOV FOR MORE INFORMATION.
Derek Kidd says
We are a motorsport and bicycle retail store that will directly be affected by this new law starting February 10, 2009. We sell tons of youth atv’s, dirt bikes, bicycles, and youth apperal on a daily basis and have millions of dollars in inventory. Now all of sudden we have been hit with this new and absurd law that will put thousands of people out of work and business owners declaring bankruptcy. To top it all off….. we have been given two weeks to move through our current inventory or basically we have to trash it. Or… we can spend millions of dollars testing our current products(yeah that makes sense). This is truly insane and I can’t believe Bush would pass such a devastating law that in turn will hurt our economy even more and sky-rocket the unemployment rate. Why is there nothing on the news about this? Why didn’t we get more time to prepare for this new law that is put in place to protect children under 12. Where is the outbreak of lead poisining? I haven’t heard of one case! What’s next…. closing schools and ruining our youths education as we cant have them playing, reading,drinking, or eating from lead filled products. Has our nation and government completely lost their minds? Think about it…. that’s all I ask. This will end retail as we know it and possibly even worse.