House Energy and Commerce Subcommittee to Hold Hearing on Bill to Amend the CPSIA
House Energy and Commerce’s Subcommittee on Commerce, Trade, and Consumer Protection has announced that it will hold a hearing on April 29, 20101, on the Consumer Product Safety Enhancement Act of 2010, a bill to amend the Consumer Product Safety Improvement Act of 2008 (CPSIA).
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Bill Intended to be a Fix for the CPSIA
According to a Subcommittee memorandum (prepared for the April 21, 2010 markup), the CPSEA (which has not yet been introduced) seeks to resolve some of the unintended consequences of the CPSIA. To this end, the legislation would provide the following forms of relief:
- New lead content exemption - New regulatory flexibility for the Consumer Product Safety Commission (CPSC) to exempt certain products, components, and materials from the lead limits in CPSIA, with limitations to ensure protection of the public health. (Note that a previous version of the draft bill provided for a functional use lead content exemption);
- Relief for small batch manufacturers, etc. - Relief for small batch manufacturers and other businesses by allowing the CPSC to approve alternative testing requirements for certain small batch manufacturers, by requiring CPSC outreach and assistance to small businesses;
- Limit applicability of phthalates limits -- provide that CPSIA’s phthalate limits shall not apply to inaccessible component parts; and
- Relief for thrift stores and their retailers - Relief for thrift stores and other retailers through an exclusion for certain used children’s products from the lead limits and a modification of the lead limit set to take effect in August 2011, so that it will apply only to newly manufactured products.
The legislation also provides for a narrow set of improved and clarified authorities to allow the CPSC to carry out the law.
CPSC Commissioner Northup discussed the Subcommittee’s consideration of the draft legislation in her blog available at http://safetyandcommonsense.blogspot.com.
1According to congressional sources, the Subcommittee had scheduled a markup for the draft bill on April 21, 2010, postponed that markup and decided to have a hearing on April 29, 2010.
(See ITT’s Online Archives or 03/26/10 news, (Ref: 10032605), for BP summary on a previous version of this draft legislation, including responses by 2 CPSC Commissioners.
See ITT’s Online Archives or 04/22/10 news, (Ref: 10042260), for BP summary announcing the postponement of the April 21, 2010 markup.)
Briefing memo from the postponed markup (dated 04/19/10) available at http://energycommerce.house.gov/Press_111/20100420/Briefing.Memo.ctcp.04.21.2010.pdf.
Committee print of draft bill available at http://energycommerce.house.gov/Press_111/20100420/CPSEA.Committee.Print.pdf