Tougher New Product-Safety Rules Go Into Effect Tomorrow (8-14-09)

A slew of tougher, new federal rules designed to make millions of children’s products safer while boosting consumer confidence in the products we all bring home will go into effect tomorrow, August 14, 2009.

The stricter regulations are part of the Consumer Product Safety Improvement Act, a law set to take effect on Friday. They are directed at further limiting lead content in toys and other children’s products, dramatically increasing civil penalties for companies that violate the law, and requiring tracking labels on all children’s products to make it easier to determine which companies made the product, as well as when and where, which should make product recalls more efficient.

“I will ensure that these requirements are enforced vigorously and fairly,” said CPSC Chairman Inez Tenenbaum. “By ensuring that toys and other children’s products meet strict lead limits and can be tracked in the event of a recall, I believe children will be better protected in their homes.”

New Rules Take Effect

The requirements that become effective on August 14 include:

• Lead Content

From now on, the limit for lead in children’s products will be cut in half and reduced from 600 parts per million (ppm) to 300 ppm. Starting tomorrow, it will be illegal to manufacture, import, sell, or offer for sale a children’s product that has more than 300 ppm of lead in any part (except electronics) that is accessible to children.

• Lead in Paint and Similar Surface Coating Materials

The new limit for lead in paint and similar surface-coating materials for consumer will be 90 ppm, down from the previous 600 ppm. The lead paint limits also apply to toys and other articles meant for children as well as some specified furniture products. Products subject to these limits cannot be sold, offered for sale, imported or manufactured from now on unless they meet the new lower lead limits.

• Civil Penalties

Under the new rules, companies that violate product-safety laws and regulations will be subject to much greater financial penalties. Civil penalties will increase substantially, up to a maximum of $100,000 per violation and a maximum of $15 million for a series of related violations. Until now, companies only faced a maximum of $8,000 per violation and up to a maximum of $1.825 million for a related series of violations.

• Tracking Labels

Recalls of products deemed dangerously defective likely will be much more efficient and comprehensive as a result of the new CPSC rules. Manufacturers must now place tracking labels or other permanent distinguishing marks on all consumer products primarily intended for children 12 and younger when the products are made after Friday. The labels must enable consumers to easily ascertain basic information, including the manufacturer or private labeler, location, the date of manufacture, and more detailed information on the manufacturing process, such as a batch or run number, the CPSC said. The permanent distinguishing marks must appear on the product itself and its packaging to the extent practicable. To learn more about the tracking label requirement at, visit the CPSC’s website at www.cpsc.gov/about/cpsia/sect103.html#faqs

• Catalog Advertising

Advertising for certain toys and games for children from three to six years old must now have warnings regarding potential choking hazards to children who are younger than three. Makers of products sold via Internet advertisements went into effect on December 12, 2008, but makers of products sold in catalogues and other printed materials were given until this week to comply. All catalogues and other printed materials distributed on or after August 9, 2009 must now include the required warnings, regardless of when they were printed.

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