CPSIA Series: The Stay Gives Many Pause

by Walney on February 1, 2009

On Friday January 30, the CPSC issued a one year stay of testing and certification requirements for certain products.

The initial reaction from many of those affected by the CPSIA was a sigh of relief, but there were others (myself included) who weren’t ready to do a little victory dance.

After reading the press release several times, there were key things that popped out at me:

1. This is a stay of enforcement of the testing and certification requirements. Manufacturers are still required to ensure that their products meet the stated limits of the law & retailers are still going to want proof that products meet the law because this is saying, ‘you have to play by the rules, but don’t worry we won’t actively go looking for you. Oh, but if you aren’t compliant with the law and we happen to find you, be prepared to pay the penalties.’

2. The release not only made a point of mentioning manufacturers “large and small” but also cited this stay to be “temporary, limited relief to the crafters, children’s garment manufacturers and toy makers.” (The emphasis in bold is mine.) Once again, they are ensuring that they have an out. They are telling us, ‘this law will stand but hey, I’ll throw your way what appears to be a little break. Don’t expect much more than this.’

3. There was no mention of libraries. In researching this, I found the American Library Association’s latest info which tells us that libraries will be issued the same stay tomorrow. Once again, this is just a stay in enforcement “until they can investigate further.” These separate statements further muddy the waters. The public information available about this law already has the majority of people confused. Creating several sources of information will only perpetuate this with confusion. Every time the CPSC issues a statement, they should be addressing each sector affected in the same release even if it’s just to say that more information will be available at a future date.

Basically I feel they issued this stay in an effort to save face because of the public outcry. They did as little as they could within their rights in the hopes that people would not continue to hound them about changing or repealing this law. Somehow I don’t see that happening, do you?

Here are some other interesting views on the CPSC’s stay of enforcement:

Olivia, the CPSIA Cheerleader’s – Touchdown, We Scored, but it’s Not Halftime Yet…

Mark Riffer’s – CPSIA 1 year stay granted: Proof of the Might of Social Media for Marketing

The Domestic Diva’s – CPSIA Stay of Enforcement Thoughts Around the Web

Joey And Aleethea’s – What is the CPSC Saying About The CPSIA Suspension or Stay?

By the way, only after writing the title to this post did I see the double entendre. It’s always fun to see the sub-conscious take over.

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