CPSC Approves Final Rules on Mandatory Recalls, Children's Electronic Devices
During their January 6, 2010 open meeting, the Commissioners of the Consumer Product Safety Commission approved, with certain changes, a final rule on guidelines and requirements for mandatory recall notices and a final rule on exemptions for certain components of children's electronic devices from the lead content limits of the Consumer Product Safety Improvement Act of 2008 (CPSIA).
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See future issue of ITT for details of these final rules.
(See today's ITT, 10010710, for BP summary of the Commission's vote to not make public their deliberation of a pending report to Congress on CPSIA lead improvements that also took place during the January 6th meeting.)
Final Rule on Electronic Devices "Virtually Identical" to Interim Final Rule
According to the draft posted to CPSC's Web site, the final rule on children's electronic devices is "virtually identical" to the interim final rule that has been in effect since February 10, 2009. (See ITT's Online Archives or 02/13/09 news, 09021305, for BP summary of the interim final rule.)
The draft final rule again states that it is not currently technologically feasible for certain components of children's electronic products to meet the lead content limits specified in the CPSIA. Therefore, the final rule provides nine exemptions for lead as used in certain electronic component parts of children's products, including lead blended into the glass of cathode ray tubes, electronic components and fluorescent tubes; lead used as an alloying element in steel; lead used in the manufacture of aluminum; etc.
Final Rule on Mandatory Recalls Makes Clarifying Changes to Proposed Rule
According to the draft posted to CPSC's Website, the final rule on mandatory recall notices makes certain clarifying changes to the March 2009 proposed rule but is otherwise substantially similar. (See ITT's Online Archives or 03/23/09 news, 09032320, for BP summary of the proposed rule.)
The draft final rule explains that the authority of CPSC or a U.S. district court to order a mandatory recall notice and to control the form and content of such notices was not changed by the CPSIA. Rather, the CPSIA lays out certain content requirements for mandatory recall notices and requires CPSC to establish guidelines which set forth a uniform class of information to be included in all mandatory recall notices. Accordingly, the final rule lays out these required contents and establishes certain policies and guidelines with respect to mandatory recall notices.
In the draft final rule, CPSC notes that while mandatory recalls have been rare in its history, the final rule may also serve as a guide for information to include in voluntary recall notices.
CPSC vote sheet and draft final rule on electronic devices (posted 01/06/10) available at http://www.cpsc.gov/library/foia/foia10/brief/electronics.pdf
CPSC vote sheet and draft final rule on mandatory recall notices (posted 01/06/10) available at http://www.cpsc.gov/library/foia/foia10/brief/notices.pdf
Webcast of CPSC meeting available at http://www.cpsc.gov/webcast/previous.html