New Product Safety Law Could Impact Manufacturers

Consumer Product Safety Act amendments enacted earlier this year contain new requirements for products intended for use by children under the age of 12; regulation requirements include musical instruments, musical toys and materials. In determining whether a product is primarily intended for a child 12 or younger, the new law states that the following factors are to be considered:

(a) a statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable;

(b) whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 or younger; or

(c) whether the product is commonly recognized by consumers as being NAMM is working to inform Members about legislation that could have a major effect on businesses: wood import regulation and the wireless microphone spectrum debate.

Requirements outline that lead content (including lead paint) must be limited to 600 ppm by February 12, 2009 dropping to 300 ppm in August, 2009, and 100 ppm in 2011.

All children's products must be tested by an accredited independent testing lab (CPSC will issue rules for accreditation) which must issue certificate of compliance with all CPSC rules.  Testing requirement phased in, will become effective in June, 2009 for all children's products.

Also effective next August 14, 2009, all children's products must be accompanied by tracking labels which show, among other trhings, source of manufacture, date of manufacture, and batch/lot/run number (to assist in later recalls if necessary).

Manufacturers must place permanent or distinguishing marks on products or packaging, to the extent practicable, that will enable:

(a) the manufacturer to determine the location and date of production, cohort information (batch, run number, etc.) and any other information that will allow the manufacturer to identify the specific source of the product; and

(b) the ultimate purchaser to ascertain the name of the manufacturer or private labeler, location and date of production and cohort information.

Executive summaries and text of new law can be found on Consumer Product Safety Commission Web site at www.cpsc.gov.