CPSC to Vote on Emergency CPSIA Tracking Label Stay for Children's Products
The Consumer Product Safety Commission has posted a ballot sheet for Commission vote by May 8, 2009 on an emergency stay of enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA1) "tracking label" requirement for children's products.2
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The current two Commissioners will be voting. (Note that the Obama Administration has just announced it will soon nominate two additional Commissioners, and then one more, which would result in a full "quorum" of five Commissioners. See future issue of ITT for BP summary.)
NAM Coalition Requested 1 Year Stay to Give Time for More Orderly Approach
The stay was requested by the National Association of Manufacturers' CPSC Coalition in March 2009.
The coalition had asked the CPSC to immediately vote to stay enforcement of the CPSIA children's product tracking label provision for a full year, until August 14, 2010, in order to allow sufficient time to develop "clear and understandable" rules and provide CPSC, industry, and other stakeholders time to work together to develop an orderly approach to this new requirement.
Alternatively, the coalition had asked CPSC for immediate guidance on children's products for which tracking labels are not practicable.
If Stay Not Approved, Tracking Label Expected to Take Effect August 14, 2009
If the stay is not approved, the CPSIA tracking label requirement for children's products is expected to take effect on August 14, 2009, and manufacturers will need to place permanent distinguishing marks on children's products and their packaging, to the extent practicable, that would enable the manufacturer and the ultimate purchaser to ascertain the: (i) manufacturer or private labeler; (ii) location and date of production; (iii) cohort information (including batch, run number, or other identifying characteristic); (iv) etc.
CPSC has previously stated that the scope of this tracking label requirement is quite broad in that it applies to all children's products (for children 12 and younger) including, but not limited to, items such as clothing or shoes, not just toys and other regulated products.
CPSC has also stated that this requirement is intended to assist in the event of a recall (e.g. by helping consumers identify the specific children's product being recalled; helping companies only recall or destroy the affected products; etc.)
1Enacted as Public Law 110-314 on August 14, 2008.
2"Children's products" under the CPSIA are consumer products designed or intended primarily for children 12 years old or younger. In determining whether a consumer product is primarily intended for such children, the CPSIA outlines certain factors to be considered, including a statement by the manufacturer about the intended use of the product, etc.
(See ITT's Online Archives or 05/05/09 news, 09050510, for BP summary of CPSC's announcement of a May 12th forum on the CPSIA tracking label requirement.
See ITT's Online Archives or 04/21/09 news, 09042105, for BP summary of a letter sent by 28 members of Congress to CPSC stating that it should use its discretion in implementing the CPSIA, including working with businesses to establish the protections of the CPSIA without undue impact on the stream of commerce.
See ITT's Online Archives or 03/31/09 news, 09033110, for BP summary of the NAM coalition's request for a one year stay of the tracking label requirement.
See ITT's Online Archives or 02/25/09 news, 09022505, for BP summary of a CPSCnotice requesting comments and information on implementation of this requirement.
See ITT's Online Archives or 09/15/08 news, 08091515, for BP summary of the CPSIA tracking label requirement.)
CPSC Ballot Vote Sheet available at http://www.cpsc.gov/library/foia/foia09/brief/emergstaytracklabels.pdf
White House press release on nominating additional CPSC Commissioners (dated 05/05/09) available at http://www.whitehouse.gov/the_press_office/President-Obama-Fills-New-CPSC-Posts/