CPSC Discusses Rulemaking on "Continued Compliance Testing" at CPSIA Public Workshop
During the recent public workshop on certain testing and certification requirements of the Consumer Product Safety Improvement Act of 2008, the Consumer Product Safety Commission discussed the timing of its required rulemaking to address the CPSIA's "continued compliance testing" requirements, but mostly sought input from stakeholders.
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Comments on the issues raised in the workshop and in CPSC's November 13, 2009 announcement of the workshop are due January 11, 2010. (See ITT's Online Archives or 11/13/09 news, 09111310, for BP summary of the workshop announcement.)
(This summary focuses on certain CPSC comments during the workshop on "continued compliance testing". See future issues of ITT for BP summary of other aspects of the workshop.)
CPSC to Issue "Continued Compliance Testing" Proposed Rule in 2-3 Months, Final Rule 6 Months Later
During the workshop, staff surprised the trade in its explanation of the timing for its rulemaking on continued compliance testing, certification, and labeling of consumer products pursuant to Section 14 of the Consumer Product Safety Act, as amended by the CPSIA. (This rulemaking would address reasonable testing programs as well as the testing required after any material change to a product and periodic random testing.)
Though CPSC has sometimes referred to this rulemaking as its "15 month rule," since the CPSIA requires it 15 months after enactment or by November 14, 2009, it will clearly not be issued close to that timeframe.
Staff explained that they will require a couple of months after the January 11, 2010 comment due date to analyze the comments received and formulate a proposed rule. Then after issuing the proposed rule, there will be a mandatory 75 day comment period, followed by CPSC's preparation of the final rule. Therefore, CPSC only expects to issue the final rule sometime in late summer or early fall of 2010.
"No Opinion" on How This Will Affect Commission Vote on Expiring Stay
In response to stakeholder questions about what this delay in rulemaking would mean for the testing and certification stay that is due to expire on February 10, 2009, CPSC staff stated they had "no opinion" on how the Commission would vote.
(In February 2009, CPSC issued a one year stay of enforcement of much of the CPSIA-required testing and certification, including for lead content, phthalates, etc, until February 10, 2010. However, CPSC did not stay underlying product compliance and did not stay all CPSIA testing and certification.For example, pre-CPSIA testing and certification was not stayed; neither was testing and certification for the ban on lead in paint and similar surface coatings; full-size and non-full size crib and pacifier standards; the small parts standard; and the lead content of children's metal jewelry.)
(See ITT's Online Archives or 02/06/09 and 12/03/09 news, 09020610 and 09120310, for BP summaries of the stay and CPSC consideration of various options on ways to address the expiring stay.)
CPSC public workshop information (posted 12/11/09) available at http://www.cpsc.gov/about/cpsia/cpsiatesting.html