Calif. FR rules: Two-year delay?
CPSC could take that long on mattress waiver request
By David Perry -- Furniture Today, May 4, 2003
Washington — The U.S. Consumer Product Safety Commission said last week it could take up to two years to resolve a legal issue that looms with the state of California over mattress flammability.
That would be a major blow to California legislators and regulators, who have been planning to implement stringent new open-flame mattress flammability standards on Jan. 1. It would be welcome news for many bedding producers, who say California is moving too swiftly on the proposed new standards.
At issue is an "exemption from pre-emption" that California officials apparently are required to seek, since that state is proposing to deal with an issue the CPSC is considering regulating. A federal open-flame mattress standard, believed to be a few years away, would pre-empt a state standard.
"If California requests an exemption from pre-emption, CPSC would review all of the information and eventually make a decision," CPSC spokesman Ken Giles told Furniture/Today last week. "The lengthy review and decision-making process could take up to two years."
Giles said he had discussed questions posed by Furniture/Today with CPSC's general counsel. The CPSC said it explained the exemption issue in a letter to California state officials in April, but had not received a reply.
Officials with the California Bureau of Home Furnishings, the group proposing that state's mattress flammability standards, were not available for comment last week.
Dick Doyle, president of the International Sleep Products Assn., said CPSC's announcement "is an interesting development, obviously." He said ISPA remains committed to working to improve the fire safety of bedding and will participate in the waiver exemption process as it unfolds at CPSC.
ISPA also will continue to work with CPSC on development of a national open-flame mattress flammability standard, Doyle said.
According to a former California regulator, the process of seeking the exemption cannot officially begin until California has a standard in place for adoption. That is expected to be sometime this November.
California regulators said last month they were on track to implement their standards on Jan. 1. They acknowledged the waiver issue must be dealt with, but said it had not been determined if it would delay implementation of the tougher California standards.
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