CPSC Closer to Lifting Testing/Certification Stay on Children’s Rugs, Vinyl Film Products
In a July 7, 2010 Commission meeting, the Consumer Product Safety Commission moved another step closer to publishing Federal Register notices establishing requirements for CPSC to accredit third-party labs to test children’s carpets and rugs and children’s vinyl plastic film products1 for compliance with CPSC standards.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Publication of the lab requirements would trigger the Consumer Product Safety Improvement Act of 2008 (CPSIA) third-party testing and certification requirement2 for these products, which has been stayed since February 2009.3
Lab Requirements to be Published, Unless 2 Absent Commissioners Disagree
During the meeting, the Commission voted 3-2 (with two votes in absentia) to publish both sets of lab accreditation requirements. However, the two absent Commissioners missed preceding motions by Commissioner Nord to delay publication until specific times. Though it is unlikely the final outcome would change, CPSC must allow the absent Commissioners 5 days to vote on the proposed delays before moving forward and publishing the notices.
Nord Says Lab Requirements Should Wait until Children’s Product & Other Rules Issued
Regarding children’s rugs and carpets (which are regulated under 16 CFR Parts 1630 and 1631, the Standards for the Surface Flammability of Carpets and Rugs), Commissioner Nord argued that publication of the accreditation requirements should be delayed until the rulemaking on the CPSIA definition of children’s products is finalized. According to Nord, the children’s product proposed rule is unclear on what constitutes a children’s rug or carpet, making it unfair and premature to subject industry to third-party testing and certification for these products.
For vinyl plastic film products (which are regulated under 16 CFR Part 1611, the Standard for the Flammability of Vinyl Plastic Film), Commissioner Nord moved to delay publication of the lab accreditation requirements until the lab requirements for the companion standard, 16 CFR Part 1610 -- the Standard for the Flammability of Clothing Textiles, are published.
Nord added that the current scheme for meeting CPSC flammability requirements is working for both sets of products, there are very fewrecalls, and requiring third-party testing and certification is not going to improve safety. Therefore, CPSC should focus its efforts on higher priority items first.
Adler Says Congress Did Not Allow Discretion, No Compelling Reason for Delay
Commissioner Adler disagreed that the proposed rule on the definition of children’s products was ambiguous with respect to rugs and carpets. In addition, he stated that Congress clearly expressed its intent in the CPSIA that all children’s products subject to children’s product safety rules be third-party tested and certified, leaving no room for argument that some products did not really need it or did not need it right away. As he saw no compelling reason to delay the third-party testing and certification requirement for these products, he voted for publication.
Publication of Notices Would Lift Testing/Certification Stay in 90 Days
CPSC has explained that publication of these lab accreditation requirements would effectively lift the stay of enforcement of the CPSIA testing and certification requirements for children’s carpets and rugs and vinyl plastic film products in 90 days.
Therefore, each domestic manufacturer (in the case of domestic products) or importer (in the case of imports)4 of children’s carpets and rugs and children’s vinyl plastic film products would be required, for each such product manufactured 90 days after the notices are published in the Federal Register, to have them tested by a CPSC-accredited third party lab and issue a certificate of compliance based on that testing.
1CPSC has stated that the vinyl plastic film subject to third party testing under the CPSIA is any vinyl plastic film used in children's wearing apparel and fabrics for children's wearing apparel designed or intended primarily for children 12 years of age or younger.
2The CPSIA requires CPSC to issue third-party lab accreditation requirements for children’s product safety rules. It also requires products subject to these rules that are manufactured 90 days after publication of the lab requirements to be tested by a CPSC-accredited third-party lab and certified as having met the children’s product safety rules.
3In February 2009, CPSC stayed enforcement for one year the CPSIA testing and certification requirements for many products, including children’s carpets and rugs and children’s vinyl plastic film products. Later, in December 2009, the agency revised the terms of the stay by lifting it for some CPSC regulations and extending it for others. These sets of products fell under the category for which the stay was extended until further notice by CPSC. (See ITT’s Online Archives or 02/02/09 and 12/29/09 news, 09020205 and 09122920, for BP summaries of CPSC’s stay.)
4The CPSIA states that manufacturers (which includes importers) and private labelers must issue certificates of conformity based on testing by a third-party lab, but CPSC has interpreted this requirement as affecting domestic manufacturers (in the case of domestic products) and importers (in the case of imported products).