December 12, 2009

Happy New Year from the CPSC

The December 31, 2009 report date is fast approaching. All manufacturers and distributors who wished to take advantage of the stay of enforcement on lead limits must have complied with paragraph D of the stay by the extended date of October 9, 2009 (below) and posted in full here. Now the next report is due on Dec. 1, 2009 under paragraph E of the stay highlighted below. As we read it, if you fail to comply with D, E or F as required by the stay, then your company cannot take advantage of the stay of enforcement regarding lead etc. and if you are not in compliance as of Oct. 9, 2009 (or before) then you are in violation. The idea is that if you continue to seek the protection of the stay thru Dec 31, 2010, hopefully congress by that time will have passed legislation amending the CPSIA so that common sense exclusions or exemptions can be made by manufacturers (via formal petitions of some sort to the CPSC) and granted by the CPSC. Right now the CPSIA as unamended does not allow exemptions by the CPSC at all. So get to work now on your stay report so you don't have to work New Years Eve!

Relevant portion of the stay below posted in full here.

D. Each manufacturer (which can include a distributor where appropriate) who is covered by the stay shall file with the Secretary of the Commission, not later than 60 days after the publication of this stay in the Federal Register [swhlaw: extended to Oct. 9, 2009 by BPSA request], a report identifying each model of Bicycle or Related Product it has produced between May 1, 2008 and May 1, 2009. For each such model, the manufacturer shall give the production volume by calendar month and shall list each component part that is made of metal and that is accessible to children, the material specification for each part, and a measurement of the lead content of representative samples of each part in parts per million(ppm). The lead content measurement may be by x-ray fluorescence or the method posted on the Commission web site to test for lead in metal for certification purposes.

E. No later than December 31, 2009, each manufacturer covered by the stay shall present a comprehensive plan to the Commission describing how and when it intends to reduce the lead exposure from each part described in paragraph D above whose measured lead content exceeds 300 parts per million. The manufacturer should include a discussion of any adverse safety impacts that could result from accelerating the estimated schedule. If some Bicycles or Related Products have been modified after January 28, 2009, to reduce the lead content of certain parts or to make certain parts inaccessible, the manufacturer should outline those changes in general terms and the dates such changes were made.

F. Manufacturers who have timely submitted both the report in paragraph D and the plan in paragraph E above, who need additional time to complete their plan prior to the expiration of the stay may seek an extension of the stay. They shall, no later than December 31, 2010, file a request with the Secretary of the Commission for an extension containing a revised timetable for the reduction of lead exposure from those parts. The report shall detail the manufacturer's progress in reducing children's exposure to lead from each part containing more than 300 ppm, specifying what actions have been taken with regard to each affected part. The report will also explain why any parts that remain above 300 ppm have not been able to be made inaccessible, substituted with another material, or made with a complying level of lead.

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