Legislation eases compliance burden on lead in juvenile products
Jane Kitchen, Kids Today -- Furniture Today, August 2, 2011
WASHINGTON — The House and Senate have approved legislation that would ease the burden of complying with new lead standards for juvenile products.
H.R. 2715 passed the House by a 421-2 vote on Monday and President Obama is likely to sign it into law, according to a House press release.
The most important aspect of the new legislation for the juvenile products industry may be the ruling on retroactivity for lead levels. The legislation allows that new lead limits of 100 parts per million, scheduled to go into effect Aug. 14, would apply only to products manufactured after the effective date of the rule.
That means children's products that met the earlier 300 parts per million when they were manufactured may still be sold - an important ruling for many small businesses.
The new legislation also removes lead standards for used children's products, and includes categorical exclusions or alternative requirements for all-terrain vehicles, dirt bikes, bicycles and printed materials.
The lead standards are part of the Consumer Product Safety Improvement Act, passed in 2008. After the revision was passed this week, the House press release said the original law "created a series of unintended consequences forcing small businesses to close their doors as a result of the law's rigid restrictions and costly regulations."
H.R. 2715 also requires the Consumer Product Safety Commission to seek public comment on ways to reduce burden and cost of third-party testing, specifically requesting information on redundancy with existing testing standards, and includes testing exceptions for small-batch manufacturers.
Additionally, the legislation includes an inaccessibility exclusion from the phthalate standard.
The legislation also addresses the CPSIA database, requiring the CPSC to stay publication for five additional days when the commission receives notice of materially inaccurate information, and requires the CPSC to attempt to get model or serial numbers or photos of a product in question.
The Juvenile Products Manufacturers Assn. has repeatedly urged the CPSC to apply the law in a practical way.
"We welcome prospective application of lower lead limits and application of phthalate bans only to accessible plastic on child care articles intended to contain them," said JPMA Executive Director Michael Dwyer. "There is no longer any excuse for perfectly safe products to be swept off retail shelves."
The American Home Furnishings Alliance also called for a change in the standards, with AHFA's Bill Perdue and his team, including representatives from member companies, supplying information to Congress. Member company executives who devoted time to the issue include Barry Branscome, Vaughan-Bassett; Gene Barrow, Bassett; David Davis, Hooker Furniture; Barbara Nuckles and Pete Fynboh, Ashley; Stephanie St. Pierre, La-Z-Boy; and Jonathan Stoll, Thomasville.
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