CPSC to Vote on Policy Statement on CPSIA Tracking Labels for Children's Products
The Commissioners of the Consumer Product Safety Commission are scheduled to vote by July 20, 2009 on a policy statement concerning the tracking label requirement for children's products1 of the Consumer Product Safety Improvement Act of 2008 (CPSIA2).
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Policy Statement Not Yet Available
CPSC did not post the policy statement or any description of what it includes. According to CPSC sources, no information about the policy statement is expected to be released before the Commission votes.
CPSIA Requires Certain Permanent Marks (for Tracking Purposes)
The CPSIA amended 15 USC 2063(a) to require that effective August 14, 2009, manufacturers of children's products place permanent distinguishing "marks" (labels) on those products and their packaging, to the extent practicable, that will enable:
the manufacturer to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), and any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks; and
the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic).
May 2009 Vote on Stay of the Tracking Label Requirement Ended in Tie
In May 2009, the (then) two CPSC Commissioners voted on an emergency stay of the CPSIA tracking label requirement for children's products submitted by the National Association of Manufacturers (NAM) CPSC Coalition, but were unable to reach a decision as one voted for and the other against the stay.
Another Stay Has Been Requested by NAM CPSC Coalition
On July 1, 2009, the NAM CPSC Coalition resubmitted its request for an emergency stay of the CPSIA tracking label requirement in light of the recent appointment of a third Commissioner and Chairman Inez Tenenbaum.
(See ITT's Online Archives or 05/28/09 news, 09052810, for most recent BP summary of the tracking label requirement, with links to other summaries.
See ITT's Online Archives or 05/15/09 news, 09051510, for BP summary of the Commissioners' tied vote on NAM's earlier request for a stay.)
1"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.
2Enacted as Public Law 110-314 on August 14, 2008.
CPSC ballot vote sheet (dated 07/14/09) available at http://www.cpsc.gov/library/foia/foia09/brief/trackingpolicy.pdf
CPSC Web site on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html
NAM CPSC Coalition request for a stay (dated 07/01/09) available at http://www.shopfloor.org/wp-content/uploads/nam-cpsc-tracking-label-stay-7-1-09.pdf