Safety rules for children’s toy, other consumer products delayed

It’s a disappointing decision for parents and grandparents wanting to buy safer toys after a troubling two-year period when millions of children’s products such as toys, clothing, and books were recalled.

Product safety regulations put aside

Testing and certification requirements for manufacturers and importers of products regulated by the U.S. Consumer Product Safety Commission are being delayed for one year.

The requirements are part of the Consumer Product Safety Improvement Act passed by Congress last year.

However, starting tomorrow, other parts of the act are being implemented for total lead content for products for children 12 and under, phthalates limits for certain products, mandatory toy standards, and other requirements.

That means that toy manufacturers and importers will have to meet new standards set out in the act, but they won’t need to test or certify that they’ve done so.

Jewelry Sets recall_img_0-2

The delay in requirements for testing and certification is confusing for parents and grandparents. On one hand, standards must be met. On the other hand, companies don’t have to do tests or certify that the standards are being met.

Why the commission delayed new requirements

The commission justified the one-year delay by saying it provides limited, temporary relief to the crafters, children’s garment manufacturers, and toy makers who would have been subject to the testing and certification required under the act.

“However, all businesses, including… handmade toy and apparel makers, crafters, and home-based small businesses, must still be sure that their products conform to all safety standards and similar requirements, including the lead and phthalates provisions of the CPSIA,” the agency said in a statement.

The commission said handmade garment makers should know whether the zippers, buttons, and other fasteners they’re using contain lead. Likewise, handmade toy manufacturers need to know whether their products, if using plastic or soft flexible vinyl, contain phthalates.

The one-year delay in enforcement on testing and certification does not address thrift and second-hand stores and small retailers because they’re not required to test and certify products under the act, the commission said. The products they sell, including those in inventory on February 10, 2009, must not contain more than 600 ppm lead in any accessible part.

Consumer organizations question decision

Consumer groups have expressed their concerns about the one-year delay in testing and certification.

David Arkush, director of Public Citizen’s Congress Watch, is quoted on CNN Money.com as saying he thinks some businesses may not move quickly to comply with the new standards due to the confusion surrounding the commission’s decision.

Johanna Neumann, executive director of Maryland PIRG, said in a quote on ABC2News.com that the commission had six months to address concerns about the new legislation:

At its core, the CPSC’s decision benefits the big firms whose rampant, recurring violations of the old, weaker limits led to passage of the new law. In a nutshell, given the choice between protecting America’s littlest consumers and protecting the industry’s bottom line, the Consumer Product Safety Commission sided with industry.

For parents and grandparents seeking safer toys and children’s products, the commission’s delay of attempts by Congress to address toy safety is disappointing.

Note: The photos show jewelry sets recalled by the commission because some of the jewelry contains high levels of lead.