Congress Amends the Consumer Product Safety Improvement Act of 2008

On August 1, 2011, both the House and the Senate by overwhelming margins passed H. R. 2715 which amends the Consumer Product Safety Improvement Act of 2008 (“CPSIA).  If enacted into law, the bill would amend the CPSIA as follows:

  • The 100 ppm lead limit that takes effect on August 14, 2011 for products intended for children 12 years and younger would apply prospectively to products manufactured after that date.  Thus, existing inventory could continue to be sold after August 14.
  • The Consumer Product Safety Commission (“CPSC”) is given authority to grant exemptions to the 100 ppm lead limit for products, classes of products, material or components if (1) it is not feasible to meet the 100 ppm limit, (2) the product is not likely to be put into a child’s mouth, or (3) the product will have no measurable adverse effect on public health or safety.
  • The 100 ppm lead limit will not apply to certain used children’s products.
  • The CPSC is authorized to consider amending third party testing requirements to reduce costs in cases where there is sufficient alternate testing of the product.
  • The 1000 ppm limit for certain phthalates will not apply to inaccessible component parts although the CPSC may revoke this exemption based on scientific evidence.  The CPSC is authorized to define an inaccessible part.