February 8, 2009

Statement of CPSC Enforcement Policy on Lead Limits

Preparing for "D" Day

On February 6, 2009 the CPSC issued the "Statement of Commission Enforcement Policy on Section 101 Lead Limits" in view of the fact that that the first requirement on the total lead content of children's products, 600 parts per million, becomes effective on February 10, 2009. An interim final rule was necessary at this time because the CPSC's options to craft a rule after public comment and thoughtful consideration are limited by the CPSIA (the law Congress passed in August) after February 10, 2009. This is because CPSIA does not allow the CPSC to stay the applicability of the lead ban to electronics while they finish their "normal" rulemaking process.

I dont not see anything in this Policy that will be "helpful" to most bicycle and recreational product manufacturers that have metal (like recycled steel or brass alloys) in their products.

It is important to point out that Section 214 of the Consumer Product Safety Improvement Act amended section 15(b) of the Consumer Product Safety Act to expand the types of violations that must be reported to the Commission. Under section 15(b) as amended, any manufacturer (including an importer), distributor or retailer must report to the Commission immediately if it obtains information that reasonably supports the conclusion that a product fails to comply with a standard or ban under any Act enforced by the Commission.

Accordingly, manufacturers, distributors and retailers must report to the Commission if they become aware of a children's product that exceeds the applicable lead limits in any accessible part" (including the higher limits for certain electronic components and devices) and that is being manufactured for sale in the United States, imported for sale, distributed, held for distribution or sale, offered for sale, or sold after February 10, 2009.

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