CPSIA HR4040 PDF

The Consumer Product Safety Improvement Act (CPSIA) of is a United States law signed on August 14, by President George W. Bush. The legislative bill was known as HR , sponsored by Congressman. Consumer Product Safety Improvement Act (CPSIA) Compliance Solutions. At the end of , the U.S. Consumer Product Safety Commission (CPSC) voted to. CPSIA stands for the Consumer Products Safety Improvement Act of Total Lead Content (US CPSIA Act of H.R. , Title 1, Section ).

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CPSC General Counsel Falvey provided an advisory opinion on October 17, that the phthalate ban does not apply to children’s footwear. Member Login Remember Me. Although they cannot prevent the complaint from being posted in the public database — even if they suspect the information in the complaint is materially incorrect — they are able to have their response to the complaint posted.

This would allow companies to shield proprietary business information, such as the identity of foreign partners, from casual inspection by competitors.

Many times cosia ruling isn’t available until after the item is already required. For example, the federal law is not identical to the state laws with regard to the definitions of toys, children’s products, or children’s articles, and the age group for which these consumer products are intended. In addition, a copy of the certificate must be ”furnished” to the CPSC upon request.

In addition, in Decemberthe CPSC formally recognized the allowance of testing of component parts and materials in lieu of final product testing, if strict recordkeeping and other requirements are met.

See information related to the CPSC public meeting on phthalates available at http: The staggered deadlines facilitated gradual phasing in of the new requirements. Even shoes designed in a whimsical manner designed to appeal to children, generally would not be considered toys. If ppm is not technologically feasible, the CPSC must set the lowest level that is technologically feasible. Note that under the CPSIA, the in-house labs of suppliers such as coatings producers can obtain third-party accreditation by setting up mechanisms to protect their test results from influence by corporate management.

The CPSA does not define manufacturers or consumer products subject to consumer product safety laws in terms of the size of the manufacturer, production volume, or method of manufacture such as mass-production versus handmade production.

In AugustCongress passed H. They have sought relief, either administratively or legislatively, ur4040 the application of the new requirements to small businesses. House approved the bill They have not been tested because the items generally do not contain hazardous materials; CPSC has been slow to define some of the accreditation or testing criteria; some of the low volume, low value items are not economical cpia test; and lot tracking methods would not allow some of the items to be tracked.

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With the ability to input product information to describe each reading, the instrument provides a complete downloadable report that can be delivered with the materials.

Can’t find what you’re looking for? See comments available at http: For public companies, it raises the issue of whether those officers are making false representations, introducing the specter of criminal liability under Sarbanes-Oxley.

CPSIA / HR4040

The third party testing requirement for lead content was originally set by the CPSIA at ppm, but dropped to ppm in August, The ballot vote and accompanying statements of Commissioners Nord and Moore with are available at http: CPSC has no authority to delay or suspend the safety standards and on these grounds has declined to stay effective dates. This act was seen in part as controversial because of its impact to many types of businesses.

Certificates are not required for ASTM or other voluntary consensus standards such as the furniture tip-over standard. Larger manufacturers are faced with problems stemming from their leverage, from aspects of Sarbanes-Oxley legislation, from their visibility, and from the logistics of managing the testing of large varieties of products. Chairman Waxman, dated Jan.

Consumer Product Safety Improvement Act (CPSIA) Compliance Solutions

Manufacturers, both large and small, have protested the extremely short timelines, the failure to take into account manufacturing processes, and the failure to take into account the breadth of the impact.

Manufacturers must wait until a final ruling is made before they can perform the required testing hr40400 gather the required documentation. Children’s products are singled out for third party testing by this Act. Cpisa CPSC has not yet acted on any of these petitions. The CPSIA does not expressly permit consideration of the needs of small businesses in the implementation or enforcement of the new requirements, that is, there is no small-business exemption from h4r040 requirements.

Increased statutory penalties and potential applicability of certain state laws have added to uncertainty about what constitutes compliance with the new requirements of the CPSIA.

Consumer Product Safety Improvement Act (CPSIA) | AHFA

Component Testing ,” Fashion-Incubator. The certification requirement applies to products manufactured on or after November 12, The CPSC has proposed a list of inherently lead-free materials, including precious metals and all-natural-fiber hhr4040 37 and has also issued a Statement of Commission Enforcement Policy on Section Lead Limits.

The National Law Review. The legislation requires that every manufacturer of a product subject to a consumer product safety rule will provide a “General Conformity Certificate” GCC to certify, based on unit testing or a reasonable testing program, that the product complies with all safety rules.

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Generally, the CPSC does not examine or investigate the testing program of a particular manufacturer or importer, although the CPSC can prescribe what constitutes a reasonable testing program for a particular safety standard. Reasonably foreseeable use and abuse shall include to [sic], swallowing, mouthing, breaking, or other children’s activities, and the aging of the product to a child during normal and reasonably foreseeable use and abuse of the product. Through a rulemaking with notice and opportunity for a hearing, the CPSC may exempt certain noncompliant materials or products from being subject to the standard if it determines on the basis of the best-available, objective, peer-reviewed, scientific evidence that the lead in the products or materials will not “result in the absorption of any lead into the human body Stay of Enforcement of Certification and Testing The CPSC has announced a stay of federal enforcement for certain certification and testing requirements for one year, effective February 10, Several comments advocated recognizing fabric as a barrier rendering lead-containing components inaccessible.

Import for testing, for demonstration at trade shows, or re-export would not require such certification unless later distributed and sold for consumption. Views Read Edit View history. This raises the question of whether corporate officers can legitimately claim inventory in their current borrowing base. Falvey provided an additional opinion on November 17, that the ban does not apply to wearing apparel, but does apply to toy costumes, bibs, sleepwear.

See petition package at http: The accreditation guidelines for certain products have been completed and testing and certification is already in effect for those safety standards. With regard to certain sporting goods, such as inflatable balls or wading pools, it may be unclear whether the product, when deflated, can normally be mouthed by a child.

In addition to the advisory opinions, the CPSC has made available draft guidance regarding what children’s products are subject to the phthalates ban; the guidance elaborates on what constitutes a toy, a toy that can be placed in the mouth, or a child care article. The law defines a “children’s product” as a consumer product designed or intended primarily for children 12 years of age or younger.

For more information on the scientific studies regarding phthalates and human health effects, see CRS Report RL, Phthalates in Plastics and Possible Human Health Effectsby [author name scrubbed] and [author name scrubbed]. These criticisms have been leveled by large and small manufacturers alike.