CPSC Extends Stay of Enforcement for Lead-Content Testing

The Consumer Product Safety Commission (“CPSC” or Commission”) has voted 4-1 to extend the stay of enforcement for third-party, lead-content testing on certain children’s products until December 31, 2011. Section 102 of the Consumer Product Safety Improvement Act (“CPSIA”) requires manufacturers, importers, and private labelers of children’s products to have a third party test and certify that the product complies with the CPSIA’s lead-content limits. The stay extension does not excuse entities from complying with the underlying lead-limit regulations; rather, it gives entities more time to comply with the third-party testing requirements.

The extension will also give the CPSC more time to promulgate rules, which were proposed in May 2010, regarding component part testing and general testing and certification requirements. The proposed component part testing rule would set forth conditions under which the Commission would accept the test results of component parts instead of the entire consumer product, while the proposed general testing and certification rule would promulgate specific requirements for third-party testing and certification, as well as create product labeling standards to indicate that a consumer product meets the applicable certification requirements.