Who can do the lead and phthalate testing?
There is currently a stay until February 2010 on the testing and certification requirements, but once that stay is over the lead and phthalate testing for CPSIA compliance must be done by a CPSC-approved third party laboratory. A list of these laboratories can be found here.
Fortunately for those in the retail sector, the lead testing requirements were postponed until February 2010. But some manufacturers are finding that stores want products tested before that — so they are not scrambling to be compliant at the last moment.
Unfortunately those of us in the resell sector are already in trouble…since the lead limits went into effect February 2009, and are retroactive.
The stay of the lead testing requirements isn’t making a lot of difference. For one, the retail cycle is so long that a year’s stay doesn’t cover it. And then there’s the problem that despite the stay, State Attorneys General can enforce CPSIA in their states.
The CPSC’s stay for testing and certification for lead content and phthalates means that 3rd party testing is not yet required – you do not need to use a CPSC accredited laboratory. You do need to use a 3rd party accredited laboratory for lead in paints and coatings, lead in metal children’s jewelry, small parts, cribs – but not lead in children’s products generally. The 3rd party testing requirement for lead in children’s products on 8/14/09, and the CPSC was supposed to issue the third party testing regulations by 5/16/09. With the stay, however, the CPSC isn’t going to issue the regulations, and the third party testing isn’t going to come online until 2/10/10 (unless the stay is continued). And, more importantly, once the stay is lift, the testing requirement should be like the 8/14 was going to be – for products manufactured after that date.
Again, though, that only applies to CPSC enforcement. CPSIA deputizes State Attorneys General and private plaintiff’s lawyers to enforce the new standards, and none of them have any obligation to respect the CPSC stay of enforcement. And you can bet that if you have a company of any size or value, there’s a lawyer out there that wants you as a notch in his belt.
Unfortunately the only way retailers/resellers can make sure their inventory complies with the law NOW is to either pay for XRF testing on current inventory or require manufacturers to provide GCC’s. Even though CPSC has requested the State Attorney Generals do not enforce the law right now, as wackyhermit suggests above…someone is going to make a case. So our policy is to request GCC’s now or “proof” during the stay that items are compliant. We don’t want to be left with inventory we cannot sell once the stay is over.