CPSC "Inquiry" Considers Rulemaking to Require Tracking Labels for Drywall
The Consumer Product Safety Commission has issued a notice of inquiry requesting comments by February 16, 2009 on a rulemaking to require tracking labels for drywall1.
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Section 14(c) of the Consumer Product Safety Act authorizes CPSC to require, through rulemaking, labels for a consumer product that would identify the date and place of manufacture of the product, cohort information (batch, run number, or other identifying characteristic), and the manufacturer of the product. CPSC's notice requests comments and information about such a rulemaking with regard to drywall.
(Since December of 2008, CPSC has been receiving reports of various problems related to drywall primarily imported from China. CPSC launched an investigation into Chinese drywall and later expanded its investigation to include both imported and domestically manufactured drywall.)
CPSC Found It Difficult to Determine Manufacturer, Origin of Drywall
In the course of its investigation, CPSC staff has found that drywall often lacks any marks on its face or backing identifying the manufacturer or the production batch or lot.
The majority of imported drywall has little or no markings at all on its face. Most domestic drywall has markings that identify the manufacturer. Any markings that are present on domestic or imported drywall whether on the board or tape are inconsistent as to both content and placement. Most drywall is sealed on the ends with tape that displays a brand name or manufacturer's name. During the installation process, however, that tape is often removed.
CPSC Considering Requiring Drywall Manufacturers to Label/Mark Their Product
CPSC is considering a rulemaking that would require manufacturers of drywall to label/mark their products to identify (1) the name of the manufacturer; (2) the plant name and location; (3) the source material (i.e., natural gypsum, synthetic gypsum or a mixture); (4) a code to identify the mine or power plant that supplied the gypsum; (5) the date of manufacture of the drywall; and (6) the batch or lot number.
If CPSC were to initiate such a rulemaking, it would do so with the issuance of a notice of proposed rulemaking.
CPSC Seeks Comments on Current Labels/Markings, Etc.
CPSC requests comments on the possibility of initiating a rulemaking proceeding to require identifying labels on drywall. Specifically, CPSC requests comments and information on the following specific issues (partial list):
What labeling or markings are companies currently providing on drywall?
What would be the cost impact if CPSC were to require identifying labels/markings of the type discussed in this notice on drywall?
What, if any, other identifying information should be required?
Should there be a uniform format for the labels/markings, and if so, what should it be?
How can CPSC assure that the identifying label/marking is accessible after the drywall is installed?
If CPSC were to define 'drywall' for tracking labels, or other purposes, what should such a definition include?
1Drywall, sometimes also called gypsum board, plasterboard or wallboard, is a kraft paper liner wrapped around a plaster mix consisting primarily of gypsum.
(See ITT's Online Archives or 12/10/09 news, 09121010, for BP summary announcing that CPSC voted to publish this notice at its recent meeting.
See ITT's Online Archives or 11/24/09 news, 09112425, for BP summary of CPSC's 2009 achievements, including its investigation of Chinese drywall.)
CPSC contact- Dean Woodard (301) 504-7651; dwoodard@cpsc.gov
CPSC notice (FR Pub 12/16/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-29946.pdf