HR 2715, the House bill “To provide the Consumer Product Safety Commission with greater authority and discretion in enforcing the consumer product safety laws, and for other purposes,” while not as expansive in scope as HR 1939, was introduced into the House on 8/1/2011 and passed both the House and the Senate on the same day.  The important thing is that this bill passed before August 14, 2011, the date of the CPSIA lead limit reduction to 100ppm for all children’s products.  The first item on the bill is a CPSIA revision that makes the reduction to 100ppm prospective rather than retroactive, allowing sell-through of existing inventory.   This one stipulation is the product of FJATA and other stakeholder organizations lobbying to ensure that inventory that exists on the counter will be exempt from this new lower regulation.  President Obama is expected to sign the bill.

(Update: Obama signed HR 2715 on August 12, 2011.)

There is a provision for a “functional” exemption from the lead limit where manufacturers have made a successful case that it is not feasible to produce certain products without lead.  This primarily applies to bikes, motorcycles, and ATVs where lead in metal parts serves a functional purpose.  Used children’s products are granted an exemption, except for jewelry.

HR 2715 addresses concerns about third party testing by including a requirement that the CPSC hold hearings to determine where there may be redundancy in existing testing regulations.  Some of the foundations for reducing third party testing obligations include:

• Cases where another agency requires third party testing that equals or exceeds CPSIA;
• Cases where there are similar products that are imported by two or more companies;
• Cases where products have many similar component parts;
• Cases where manufacturers that have similar products could use sampling procedures;
• Cases where meeting other national/international standards involves meeting CPSIA;
• Cases where alternative technology can comply with CPSIA guidelines;
• Books and printed materials will be exempted from the third party testing requirements.

Any other technique that might reduce the burden of third party testing costs will be considered in these hearings.  The important thing is to assure the CPSC that any measure taken will not reduce the effectiveness of the CPSIA regulation. FJATA will participate in hearings as they occur.

The bill provides “small batch manufacturers” some relief from the third party testing requirements. However, children’s metal jewelry and small parts are excluded. Small batch manufacturers are limited to less than 7,500 units and under $1 million annual gross revenue.

HR 2715 gives the CPSC authority to exclude specific products or classes of products from CPSIA tracking label requirements if staff determines that the products do not readily lend themselves to such marking.  Alternative requirements may then be established by the Commission.

The 1000ppm limit on phthalates will be amended to exclude inaccessible parts.  CPSC will issue guidance on what constitutes an inaccessible part; however, for now, a component part “is not accessible…if such component part is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product.”

Finally, HR 2715 will enhance merchant rights regarding the public database, saferproducts.gov.  The CPSC will stay publication of notice on the database for 5 additional days if there is a claim that the information contained therein is inaccurate.  Also, CPSC will attempt to acquire the model number, serial number, and picture of the items submitted for inclusion in the database.