Friday, February 6, 2009

CPSIA Relief in the Form of an Amendment

Last night, a federal court in New York overturned the CPSC General Counsel’s opinion on phthalates in children’s products and ruled that the CPSIA effective date of Feb. 10, 2009, applies to all children’s products, including existing inventory. IAAPA members will need to determine what this means for their businesses and make decisions regarding their existing inventory, consulting counsel if necessary.

Senator Jim DeMint (R-SC) introduced an amendment (SA 270) to the economic stimulus bill that would delay the effective date of the new lead content requirement until Aug. 10, 2009. The amendment also suspends enforcement by CPSC and state attorneys general until the final regulations are in place, waives civil penalties for first good faith violations, and directs the U.S. Small Business Administration to develop a compliance guide for small businesses. Because this amendment was written before the court decision was released it does not contain provisions to delay the effective date for the phthalate ban.

Debate on the stimulus bill continues today and while it is unlikely this amendment will pass without Democrat support, we still feel the Senate needs to hear from members of the attractions industry about the challenges presented in complying with the CPSIA by Feb. 10, 2009.

Please contact your senators today and urge them to support the DeMint amendment and add similar provisions to delay the effect date for the phthalate ban.

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