Consumer Product Safety Improvement Act (CPSIA)

Background

In 2008, the CPSIA was passed to “protect the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency's jurisdiction.” The Consumer Product Safety Commission (CPSC- staff to support enacting the Act as well as the Consumer Product Safety Act - 1972) are charged to “ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.”

Initially, the Act targeted all products made for young children up to an age of 12. HOSP became involved in early 2009 because there was little to no distinction between “educational products” targeted and typically sold to educators for classroom use, and commercially sold children’s products with a focus on more recreational use of for play. Educational products of the type supplied by HOSP member companies was subject to the requirements of this Act in the same way required of other children’s products.

HOSP has actively worked with others in the industry (including National Association of Manufacturing) to formally petition to the CPSC to re-define and clarify the definition of the “children’s products”. Through series of targeted and focused activities (fly-ins and letter writing campaigns), many HOSP Board members were able to meet and discuss with the Commission staff the challenges they faced. They were able to connect the consequences of this Act and the quality teaching of science to young people at an age when they are most interested in the topic.

Status/Update Summer 2011

The House passed the revised version of the CPSIA on August 1, 2011 and the Senate passed the bill by Unanimous Consent. (hyper link to final bill – see attached) There was no additional action on the definition of educational products, which continues to leave product marketing in the hands of the opinion of relevant companies and their legal council. The provisions that were changed include:

Lead Limit

• Includes an exclusion from lead content limits based on functional purpose, similar to Waxman-Rush legislation last year
• Includes categorical exclusions for ATVs, dirt bikes, bicycles and printed materials
• Removes the lead limits for “used children’s products”
• Applies prospective limits from the point of manufacture

3rd Party Testing

• Requires CPSC to seek public comment on ways to reduce burden and cost, specifically requesting information on redundancy with existing testing standards
• Includes testing exceptions for small batch manufacturers

Phthalates Limit

• Includes an inaccessibility exclusion for phthalates

Database

• Requires CPSC to stay publication for 5 additional days when the commission receives notice of materially inaccurate information
• Requires CPSC to attempt to get model/serial number or a photo of a product in question

HOSP Position

• By defining ‘Children’s Products’ to include ALL consumer goods intended or designed for use by children under 12 years of age, the law incorporates many categories of products not previously subject to regulation or known to present a quantifiable risk to children. For example-HOSP members manufacture products for the classroom ranging from microscopes and anatomical models to digital probe ware and scientific supplies. These products-along with others such as visual displays, maps, rocks and even some textbooks and ballpoint pens -could be banned from the classroom under this law.
• This law currently has absolute standards that are difficult or impossible to modify or apply reasonably. Language in the law is undefined in such a way that it is virtually impossible for our members to determine what products –some of our members have thousands--are included in the regulations, and, if they are, at what level are to be tested, and how often. The testing requirements are also unclear.