Trying to Unravel the Gordian Knot
12-28-2009
By Dave Schmeltzer
The Consumer Product Safety Act as amended by the Consumer Product Safety Improvement Act has been equated to a Gordian Knot, which in Greek Methodology was so difficult to unravel that when faced with the problem, Alexander the Great cut the knot with a sword because he could not unravel it.
The five person Commission comprised of two Republicans and three Democrats and a staff of fewer than 500 are attempting to unravel the challenges of the Consumer Product Safety Act as amended, and there obviously is no quick, bold solution to this task.
In its recent vote the Commission extended the stay of enforcement on testing and certification requirements for many children’s products, including lead paint levels The Commission stated in its press release that it is working to provide manufacturers and importers with clarity on the Act and their responsibilities to comply with the law. The Commission also stated that it intends to improve the law in a firm but fair manner in order to build consumer confidence in keeping children safe while keeping businesses open and competitive.
Extending the stay of enforcement on testing and certification requirements gives manufacturers, importers, distributors, and retailers of numerous children’s products some breathing room. It extends the applicable date for certification until February 10, 2011. Although the stay on testing and certification requirements has been extended for many regulated children’s products, it is important to remember that all products have always, and must continue, to comply with all applicable standards and bans. It is also important to note that even though the Commission voted to extend some of the certification requirements, many retailers are requiring validation from their product vendors that they are complying with applicable standards and bans. Furthermore, those importing or selling products that do not comply are still subject to civil and criminal penalties.
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