Why are people worried, wasn’t CPSIA postponed?
The law, as written, has not “postponed” because it has been neither changed nor appealed although there have been numerous appeals to Congress to do so.
What did happen is that a stay of enforcement was issued for the testing and certification requirements for certain products (not all products) until February 10, 2010.
What this means is that all products must still fall within the lead and phthalate limits required by the CPSIA but they do not have to have proof of compliance (the piece of paper) required by the law until February 10, 2010.
A request was made by the National Assocation of Manufacturers for a stay on the tracking and labeling provision, but it was denied.
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- What can I do about CPSIA?
Also worth noting: the CPSIA explicitly gives all State Attorneys General the authority to enforce the CPSIA regulations. The CPSC (regulatory body) can choose to stay THEIR OWN enforcement of CPSIA provisions, but the CPSC has no authority over State Attorneys General. Therefor, SAGs may choose to enforce the law as written today, regardless of any CPSC stays. This leaves businesses in a “legal limbo” and opens them to significant potential liability.
The government will probably just respond to our pleas. It’s the easiest to do, and the most devastating. Since none of us are able to comply with the labeling required in August of 2009, we’ll stop producing any products for children through age 12 out of fear. Government is famous making sweeping laws to look like they’re doing something. You write to your Congress critters or Henry Waxman, and they send you an explanation of the law, like you’re too stupid to understand that they’re trying to HELP you. The only winners will be the huge companies, and China, the reason the law was passed in the first place.
Correction on the above comment. The first sentence should have said, “The government will probably just NOT respond to our pleas.”