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January 23, 2009

More Problems With CPSIA - The Lead Testing Requirement

The Consumer Products Safety Improvement Act includes a requirement that sellers of all products intended for use primarily by children under the age of 12 be tested for lead content.  This requirement raises the prospect that many small makers of products intended for children - even products that are extremely unlikely to contain any lead, such as the yarn used in a child's sweater or a bicycle tire - will be overburdened by the testing requirement.  Furthermore, second-hand and thrift shops that sell children's goods may face the prospect of liability for unwittingly offering for sale a product containing lead in an amount that exceeds the law's very low threshold.  The law's principal authors have now asked the Consumer Product Safety Commission to make some exceptions from the law's requirements.  However, even if CPSC has the power to interpret the law through regulations as Representatives Waxman and Rush and Senators Pryor and Rockefeller urge, the agency cannot make those changes without first proposing exemptions and then allowing a 30-day notice and comment period, and that cannot be accomplished before the CPSIC becomes effective on February 10, 2009.  See Walter Olson's commentary for Forbes.com here.

JDP

January 23, 2009 | Permalink

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