Consumer Product Safety Commission February 9, 2009 – Federal Register Recent Federal Regulation Documents

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.