Consumer Product Safety Commission February 2009 – Federal Register Recent Federal Regulation Documents
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Tracking Labels for Children's Products Under Section 103 of the Consumer Product Safety Improvement Act; Notice of Inquiry; Request for Comments and Information
The Consumer Product Safety Improvement Act of 2008 requires that, effective August 14, 2009, the manufacturer of a children's product must place permanent distinguishing marks on the product and its packaging that provides certain identifying information. The United States Consumer Product Safety Commission (``Commission'') is requesting comments and information about implementation of this program.
Notice of Availability of Draft Guidance Regarding Which Children's Products are Subject to the Requirements of CPSIA Section 108; Request for Comments and Information
The Consumer Product Safety Improvement Act of 2008 (CPSIA) section 108 permanently prohibits the sale of any ``children's toy or child care article'' containing more than 0.1 percent of three specified phthalates. Section 108 of the CPSIA also prohibits on an interim basis ``toys that can be placed in a child's mouth'' or ``child care articles'' containing more than 0.1 percent of three additional phthalates. These prohibitions became effective on February 10, 2009. The purpose of this notice is to seek public comment on the draft approach prepared by CPSC staff for determining which products constitute a ``children's toy or child care article'' and therefore are subject to the requirements of section 108 of the CPSIA.\1\
Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Interim Final Rule
The Consumer Product Safety Commission (CPSC or Commission) is issuing an interim final rule concerning certain electronic devices for which it is not technologically feasible to meet the lead limits as required under section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016. By notice published elsewhere in today's Federal Register, the Commission is withdrawing the proposed rule on exemptions for certain electronic devices published in the Federal Register on January 15, 2009, 74 FR 2435.
Children's Products Containing Lead; Exemptions for Certain Electronic Devices; Withdrawal of Proposed Rule
The Consumer Product Safety Commission (CPSC or Commission) is withdrawing the proposed rule published in the Federal Register on January 15, 2009, 74 FR 2435, concerning certain children's electronic devices for which it is not technologically feasible to meet the lead limits as required under section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110-314, 122 Stat. 3016. The Commission is issuing an interim final rule on exemptions for certain children's electronic devices which is published elsewhere in today's Federal Register.
Notice of Stay of Enforcement of Testing and Certification Requirements
This notice announces the decision of the Consumer Product Safety Commission (``CPSC'' or ``Commission'') to stay enforcement of certain provisions of subsection 14(a) of the Consumer Product Safety Act (``CPSA'') as amended by section 102(a) of the Consumer Product Safety Improvement Act of 2008 (``CPSIA''), Public Law 110-314. Specifically, the Commission is staying certain of the requirements of paragraphs 14(a)(1), (2), and (3) that otherwise require testing and issuance of certificates of compliance by manufacturers, including importers, of products subject to an applicable consumer product safety rule as defined in the CPSA or similar rule, ban, standard, or regulation under any other Act enforced by the Commission. This stay covers all such requirements with the exception of: (1) Those where testing and certification was required by subsection 14(a) of the CPSA prior to enactment of the CPSIA; and (2) Those requirements, when they become effective, applicable to children's product certifications required to be supported by third party testing for which the Commission has issued requirements for acceptance of accreditation of third party testing laboratories to test for: Lead paint (effective for products manufactured after December 21, 2008), Full-size and non-full size cribs and pacifiers (effective for products manufactured after January 20, 2009), Small parts (effective for products manufactured after February 15, 2009), and Metal components of children's metal jewelry (effective for products manufactured after March 23, 2009); and (3) Any and all certifications expressly required by CPSC regulations; and (4) The certifications required due to certain requirements of the Virginia Graeme Baker Pool & Spa Safety Act being defined as consumer product safety ``rules;'' and (5) The certifications of compliance required for ATVs in section 42(a)(2) of the CPSA which were added by CPSIA; and (6) Any voluntary guarantees provided for in the Flammable Fabrics Act (``FFA'') or otherwise (to the extent a guarantor wishes to issue one). This stay will remain in effect until February 10, 2010, at which time the Commission will vote to terminate the stay. This stay does not alter or postpone the requirement that all products meet applicable consumer product safety rules as defined in the CPSA or similar rules, bans, standards, or regulations under any other Act enforced by the Commission.
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