CPSC Votes on May 5 on Part Testing, 15 Month Rule, Drawstrings, Hairdryers, Bath Seats

The Consumer Product Safety Commission has again delayed its vote on the draft proposed 15 Month rule on testing and labeling and the related draft proposed rule on component testing. The vote, originally scheduled for April 21, and then April 28, 2010, is now scheduled for May 5, 2010.

The CPSC is also scheduled to vote on the draft proposed 15(j) rules for drawstrings and hand-held hairdryers. In addition, CPSC is scheduled to vote on the accreditation requirements for third party labs for infant bath seats, and to discuss the associated final rule on an infant bath seat safety standard. The CPSC’s vote on the final rule for infant bath seats is scheduled for May 12, 2010.

15 Month Testing Draft Proposed Rule

The draft proposed 15 Month Rule would establish requirements for: (i) reasonable testing programs for non-children’s products; (ii) compliance testing to support certification of children’s products; (iii) continuing testing of children's products on a periodic basis and whenever a material change occurs; (iv) verification testing of third-party test results; and (v) certification labeling.

As the proposed rule would codify Consumer Product Safety Act (CPSA) section 14(a) and (d), as amended by section 102(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), it would cover many of the most important aspects of the CPSIA.

(See ITT’s Online Archives or 04/09/10 news, (Ref: 10040905), for BP summary of the draft proposed 15 Month rule.)

Component Testing Draft Proposed Rule

The draft proposed rule on component testing would establish the conditions under which domestic manufacturers and importers issuing either a general conformity certificate for non-children’s products or a certification for children’s products could rely on tests of components of the product, including materials used to produce it, as all or part of the basis for a valid certificate that the product complies with each applicable standard, rule, ban, etc. enforced by CPSC.

The draft would also set out the conditions under which such tests of component parts could be conducted by persons other than the manufacturer (or importer), such as the manufacturer or supplier of the component parts.

(See ITT’s Online Archives or 04/14/10 news, (Ref: 10041415), for BP summary of the draft proposed rule on component testing.)

Drawstrings and Hairdryer 15(j) Draft Proposed Rules

15(j) is a new authority provided by the CPSIA that in effect, allows CPSC to make voluntary standards mandatory.

The draft proposed rule would make the voluntary standards for drawstrings and hand-held hairdryers mandatory, with changes. Once mandatory, manufacturers (and importers) of products with substantial product hazards would be required to inform CPSC of the defect or face possible civil and criminal penalties. In addition, such products would be refused admission into the U.S. and would be subject to corrective action (mandatory recalls, orders, etc.). However, CPSIA testing and certification would not apply, as these rules would not be considered consumer product safety rules.

(See ITT’s Online Archives or 04/29/10 news, (Ref: 10042920), for BP summary of draft proposed 15(j) drawstring and hand-held hairdryer rules.)

Infant Bath Seats Draft Final Rule and Laboratory Accreditation Notice

The CPSIA requires that CPSC issue mandatory safety standards for infant bath seats that are substantially the same as or more stringent than the applicable voluntary standard, ASTM F1967-08a. CPSC has already issued a proposed rule to make this ASTM infant bath seat standard mandatory, with changes. At the meeting, the CPSC will consider the final rule on infant bath seats, as well as vote on its third party laboratory accreditation requirements.

(See ITT’s Online Archives or 09/03/09 news, (Ref: 09090320), for BP summary of proposed rule.)

Live Webcast of Meeting Available

A live webcast of the meeting can be viewed at www.cpsc.gov/webcast/index.html. No registration is necessary to view the live webcast.

CPSC calendar (updated 04/28/10) available at http://www.cpsc.gov/calendar.html

CPSC public inspection document on meeting (FR Pub 05/03/10) available at http://www.federalregister.gov/OFRUpload/OFRData/2010-10375_PI.pdf

CPCS ballot and draft final rule on infant bath seats (dated 04/28/10) available at http://www.cpsc.gov/library/foia/foia10/brief/bathseatFR.pdf

CPSC ballot and draft accreditation requirements for third party labs for infant bath seats (dated 04/28/10) available at http://www.cpsc.gov/library/foia/foia10/brief/102testingNR.pdf