February 4, 2009

On Friday, January 30, 2008, The Consumer Product Safety Commission ("CPSC") announced a decision to stay the enforcement of certain provisions of the Consumer Product Safety Improvement Act of 2008 ("CPSIA"), Public Law 110-314. See our newsletter of October 30, 2008.

The “CPSIA” established a new General Certificate of Conformity requirement for all products that are subject to an existing standard, ban, etc., manufactured on or after November 12, 2008. The certifications were required by manufacturers (including importers) of products subject to an applicable consumer product safety rule. The following products are not subject to the stay:

1. Those where testing and certification was required by subsection 14(a) of the CPSA prior to enactment of the CPSIA and
   
   
2. Those requirements, when they become effective, applicable to children's product certifications required to be supported by third party testing for which the Commission has issued requirements for acceptance of accreditation of third party testing laboratories to test for:
   
   
   • Lead paint (effective for products manufactured after December 21, 2008),
   • Full-size and non-full size cribs and pacifiers (effective for products manufactured after January 20, 2009),
   • Small parts (effective for products manufactured after February 15, 2009), and
   • Metal components of children's metal jewelry (effective for products manufactured after March 23, 2009) and
   • Other exceptions provided for in the notice. 

This stay will remain in effect until February 10, 2010.

This stay does not alter or postpone the requirement that all products meet applicable consumer product safety rules as defined in the CPSA or similar rules, bans, standards, or regulations under any other Act enforced by the Commission. The stay alters only the testing and certification required by subsection 14(a) of the CPSIA.

General information and notices on the CPSIA can be found at http://www.cpsc.gov/en/Business--Manufacturing/Import-Safety/.

If you have any questions concerning this action, please contact please contact George Tuttle, III at (415) 986-8780 or geo@tuttlelaw.com.  

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright © 2009 by Tuttle Law Offices. 

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

Home | About Us | Attorney Profiles | Trade Library
What's New | Publications | Links | Contact Us

Submit questions or comments to info@tuttlelaw.com
Copyright © 2009 Law Offices of George R. Tuttle,
A Professional Corporation. All Rights Reserved.
1100 Larkspur Landing Circle, Suite 385, Larkspur, CA 94939
Tel: 415.986.8780 Fax: 415.986.0908
Legal Disclaimer
Problems with this site? Contact the webmaster.