CPSC Delays Vote on CPSIA Tracking Label Stay
According to Consumer Product Safety Commission sources, CPSC's Commissioners have delayed their vote on a request for an emergency stay of enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA1) "tracking label" requirement for children's products2.
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The Commissioners'3 vote is now due by May 13, 2009 (from May 8, 2009), one day after the CPSC's May 12 public forum on this labeling requirement.
One-Year Stay Has Been Requested by NAM Coalition
The stay was requested by the National Association of Manufacturers' CPSC Coalition in March 2009.
The coalition has asked the CPSC 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 Granted, Tracking Label Requirement Due to Take Effect August 14th
The CPSIA tracking label requirement for children's products is due to take effect for products manufactured after August 14, 2009. Specifically, 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 ultimate purchaser to ascertain: (i) the 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 Stated Labeling Requirement Would Apply to All Children's Products
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.
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.
3The current two Commissioners will be voting. (Note that the Obama Administration has just announced it is nominating two additional Commissioners, and then one more, which would result in a full "quorum" of five Commissioners. See ITT's Online Archives or 05/07/09 news, 09050715, for BP summary.)
(See ITT's Online Archives or 05/06/09 news, 09050605, for BP summary of the vote due May 8th by CPSC Commissioners on the tracking label stay.
See ITT's Online Archives or 05/05/09 news, 09050510, for BP summary of CPSC 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 CPSC 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 CPSC 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.)