New CPSIA Deadline a Good Start, but Problems Remain

Posted by Kari Lomanno Jan 31, 2009

The Consumer Product Safety Commission voted on Friday to delay enforcement of certain testing requirements for the Consumer Product Safety Improvement Act. Enforcement of the new law was expected to begin on Feb. 10, and many small businesses were in a panic.

The deadline for enforcement has been delayed one year to Feb. 10, 2010. While manufacturers are still expected to comply with the new lead and phthalate limits now, at least they don't have to pay to test and certify that they have complied. (Read more about this in my article.)

I think the CPSC did the right thing in delaying the enforcement of the law. There were just too many questions about how libraries, thrift stores and crafters would be affected. At least now everyone has an extra 12 months to work out the details.

Unfortunately, this delay also carries its own set of problems. If manufacturers are still expected to comply with the law, how can they do this without testing? The whole process is so muddy and confusing, it actually makes the law less potent than its proponents had planned. In the end, I fear that more dangerous products will end up slipping through the cracks simply because manufacturers don't know what exactly is required of them.

Congress needs to take the next 12 months to seriously rewrite the CPSIA in specific, unambiguous language. (I know you're saying "Yeah, right," but a girl can dream!) It needs to specifically address resellers, thrift stores, crafters and consignment shops. It needs to exempt libraries and used booksellers so that children will not have to banned from reading. It needs to focus on products manufactured in China and other foreign countries and not target small, home-based businesses here in America.

In short, we need a new CPSIA. I think we can all agree that it's a good idea, but when something is put together in a panic it never quite works the way it should. The CPSC has given itself some breathing room to allow Congress to take another look at the law. I hope our government does the right thing and makes some positive changes that will truly keep our children safe.