CPSC Holds Oct 26 Hearing on Small Batch Mnfr Testing, Exemptions
The Consumer Product Safety Commission will hold a public hearing on October 26, 2011 on alternative testing requirements for small batch manufacturers. CPSC explains that H.R. 27151 recently amended CPSC's third-party testing requirements for children's products by allowing it to establish alternative testing requirements for small batch manufacturers, or if alternatives are unavailable or economically impracticable, an exemption from certain of the third party testing requirements.
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For Firms Under $1M in Revenue in Previous Year, Less than 7,500 Units
H.R. 2715 defines the term "small batch manufacturer" as a manufacturer that had no more than $1,000,000 in total gross revenue from sales of all consumer products in the previous calendar year. It also states that small batch manufacturers of covered products, under certain circumstances, may use alternative testing requirements, if such alternatives are available. "Covered product" means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year.
Seeking Views on Available Alternative Testing, Need for Exemptions
During the hearing, CPSC will receive views about whether such alternative testing requirements are available or economically practicable. It states that alternatives for a particular rule could include different screening techniques, sampling procedures, or a first party testing regime. Staff has also been exploring the idea of co-op approaches to testing expense.
CPSC would also like to hear from interested parties about whether they seek exemption from third party testing requirements because alternatives are not available or are not economically practicable.
No Alternatives or Exemptions Allowed for Lead Paint, Cribs, Small Parts, Etc
CPSC notes that H.R. 2715 prohibits it from providing alternative testing requirements or exemptions for any of the third party testing requirements for: lead in paint, cribs, pacifiers, small parts, children’s metal jewelry, baby bouncers/walkers/jumpers, or durable infant or toddler products.
Registration Required to Attend, Live Webcast Available
Registration is required for those who wish to attend in person. The hearing will also be available live via webcast here.
1H.R. 2715 revised aspects of the Consumer Product Safety Improvement Act (CPSIA) and became Public Law 112-28 on August 12, 2011. (See ITT’s Online Archives 11080230, for summary of H.R. 2715.)
Subsequent Federal Register Notice (10/24/11) available here.