The CPSC is expected to vote by Monday, January 31, 2011, on extending the stay of enforcement on mandatory new testing and certification rules for total lead content in children’s products.  The current stay expires on February 10, 2011.  If the expected vote passes, this date will be extended to September 14, 2011.  Once the stay expires, manufacturers will be required to have certification and third party testing for total lead content in children's products (i.e., products primarily intended for children 12 and younger) and certain related products.  The certification must be based on testing conducted by a CPSC-accepted third party conformity assessment body.  The current stay does not apply to metal components of children's metal jewelry.

The testing and certification rules are a requirement of Section 14 of the Consumer Product Safety Act (“CPSA”), as amended by Section 102 of the Consumer Safety Improvement Act of 2008 (“CPSIA”).  This requirement, known by many as the “15 month rule,” requires the CPSC to set forth product safety rules to address frequency of testing, sampling rules and component testing, among other things.  The CPSC implemented the stay in February 2009, delaying enforcement of many of the testing and certification rules, including the rules related to total lead in children's products (other than the lead content of metal components of children's metal jewelry).  The stay was extended in December 2009 to the current expiration date of February 10, 2011. 

While it appears that some reports may have circulated that this extension was passed on Tuesday, January 24, 2011, these reports are not accurate.

For more information on these issues, please contact John Kuppens, Jay Thompson, or Will Harter.