Law Offices of Steven W. Hansen: National Association Of Manufacturers (NAM) Petiion denied

In the latest saga the CPSC just denied, on Feb 5, 2009, the National Association of Manufacturers petition for stay of the lead limits which go into effect on February 10, 2009. The denial can be read by clicking here.

The Commission stated in part:
"What the Commission cannot do, by rule or otherwise, is change the statutory effective date of a congressionally imposed ban. The Consumer Product Safety Improvement Act is quite specific as to the relief the Commission is authorized to take by way of exemptions or exceptions. Section 101(e) even goes so far as to say that the effective dates of the limits set by the Act are not to be delayed by the pendency of a Commission rulemaking proceeding for certain specific issues such as requests for exceptions or exemptions. The Congress has spoken on this issue and while the Commission will do everything in its power to ameliorate the impact of this decision, it cannot change it."

February 6, 2009

National Association Of Manufacturers (NAM) Petiion denied