Survival of the fewest...

Why save a few and let the rest drown?

That’s what the Waxman proposal (CPSEA) would do since it only helps relieve some thrift stores and possibly ATVs and bikes from the burdensome costs of complying with the CPSIA.

It’s not that I disagree with relief for these few – but why not craft a proposal that fixes the problems with the CPSIA for everyone who makes safe products? One criteria in this proposal for granting relief is that it cause no “measureable adverse effect” on a child’s health. Well, of course. In reality, the only criteria that should ever matter when it comes to the CPSC regulating a consumer product is whether it poses a risk!

I don’t really want to beat up those getting relief, but I do want to point out the ridiculousness of letting off a few and not everyone. The fact is, if these children’s products were actually unsafe, there would be relief for no one.

Careful what you wish for!

Imagine my surprise when I logged into my personal Facebook account and the first item on my “news feed” was from my friends at the Handmade Toy Alliance encouraging people to call their Representative in support of the Waxman proposal to “fix” the CPSIA!

Even CPSC staff has expressed concern that the small batch provisions will require the Commission to approve any “alternative” test methods on a product by product, rule by rule, basis (How long will HTA members wait on the Commission for all these new regulations?)…and there’s a degree of uncertainty about what an alternative test could even mean (and will it “assure compliance”?) ...and of course, a majority of Commissioners likely will have to vote to approve each of these alternative test methods (can anyone read the tea leaves on those votes?)…

Turns out, it may not be the gift you were wishing for...

Was Toy Fair a "Big Deal" to you?

The Toy Industry Association's Toy Fair was held this week in New York City, and while I unfortunately wasn't able to attend, Mark Chenoweth from my office enjoyed meeting many of you. It was a great opportunity for us to hear from a variety of toy makers, see the latest and greatest toys, and get a feel for your reactions to the emerging and pertinent issues facing the industry.

As you know, I am very interested in your experience and would love to hear what you have to say about this year's Toy Fair:

- What did you learn, particularly about the CPSIA and CPSC?

- Do you feel more confident now than you did before the Toy Fair?

- Was the CPSIA a topic of conversation between you and non-CPSC staff? If so, what was the general consensus?

- How was this year's fair compared to past ones as far as attendance and morale?

Your feedback is much appreciated! Email me at Commissioner_Northup@cpsc.gov

Northup leads effort to extend the stay of enforcement

Official Statement

Yesterday, Commissioner Anne Northup successfully sought an extension of the stay of enforcement for testing and certification requirements for lead content imposed by the Consumer Product Safety Improvement Act of 2008. The Commission voted 4-1 to extend the stay until February 10, 2011 instead of yesterday’s proposed date of August 10, 2010.

To Stay or Not to Stay... Lead Is Still Undecided

The general public may find today's split vote on lifting the stay a tad bit confusing. Let me offer a brief explanation. After working for many weeks to reach a consensus on all but one of the issues regarding lifting the stay on testing and certification, I wanted to be able to vote with the majority on these items. My staff worked with Chairman Tenenbaum's staff to make clear that I would vote in favor of lifting the stay so long as lead content was not included in the vote. There are many outstanding issues to address with testing and certification for lead content, and the Commission needs ample time to do so. However, when I finally received the vote documents at 1:48 a.m. (rather than the required 5 days in advance), I discovered that lead was back in…..we’d be voting on all the issues together, in one vote.

For this reason, I proposed separating the vote on lifting the stay for lead content from everything else proposed in the document. As a result, the Commission voted unanimously today to move forward with a plan for lifting the stay on the bulk of issues and to postpone the lead vote until tomorrow.

Check back later today for updates...

CPSC Votes for Complex Stay Approach

Open response to today's email campaign

Thank you so much for writing me about your concerns with the Consumer Product Safety Commission’s pending decision to lift the stay of enforcement on testing and certification for lead content. I am very concerned that lifting the stay prematurely will devastate the market – particularly, small businesses. There is no reason to rush lifting the stay for testing and certification of products that contain lead in a form that does not affect a child’s health.

We need to find a way to make the CPSIA a practical law that will protect children from risk without creating a cost-prohibitive compliance process. Small manufacturers and retailers cannot spread the price of compliance over as many items as larger companies. For this reason, the component testing rule is a fundamental element of compliance and has to precede any lifting of the stay. We should avoid making it financially difficult for American businesses employing American workers to bring innovative, quality products to market that comply with the law.

I am actively looking for a way to bring a reasonable, common sense interpretation to the CPSIA. I led the effort to ask the Commission to support a more flexible interpretation, but unfortunately it did not receive a majority of the Commissioners' votes. Hopefully we can find a reasonable path forward before the stay is lifted.

I invite you to read my new blog, www.SafetyandCommonSense.blogspot.com. The examples you are sending me really help demonstrate the problem and I hope that you will send me more details, facts, or anything that shows me how you are being affected by the CPSIA: How much has it cost you? How are you coping with those costs? Have you eliminated product lines because testing costs made them unprofitable? Your real-life stories are the best way to show the perverse effects of the law – that we are hurting our businesses without any real upgrade to our children’s safety. I also invite you to post the letter you sent me on my blog where your story can be seen by others.

Thank you again for your email. Please do not hesitate to send me more at Commissioner_Northup@cpsc.gov in the future. I hope you have a wonderful holiday season.

Sincerely,
Anne Northup