CPSC to Discuss "15 Month" and Component Testing Rules, Vote on Public Database Rule on April 15
The Consumer Product Safety Commission has announced that at an April 15, 2010 open Commission meeting, it will discuss its draft proposed "15 Month Rule" and the related draft proposed rule on component testing (both previously scheduled for discussion on April 8, 2010). It will also vote on publication of its proposed rule on a publicly available consumer product safety database.
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Draft Proposed "15 Month Rule"
The draft proposed "15 month rule" on reasonable testing programs, compliance and continued compliance testing, labeling for certification, etc. will now be discussed at the Commission meeting on April 15, 2010, instead of April 8, 2010. It is unclear if the scheduled vote on the draft will also be postponed. (It is currently scheduled for April 21, 2010.)
CPSC often refers to this as its "15 Month Rule" since it was due 15 months after the enactment of the Consumer Product Safety Improvement Act of 2008 (CPSIA) or in November 2009.
Reasonable testing programs for non-children's products. The draft proposed rule would establish requirements for and define the elements of reasonable testing programs for non-children's products.
Compliance and continuing testing for children's products. It would also establish requirements for compliance and continuing testing of children's products, including protocols and standards for ensuring that third-party tested children's products are subject to periodic testing and testing when there has been a material change; for testing of random samples; for verifying that tested children's products actually comply with CPSC safety rules; etc.
Voluntary labeling program. The proposed rule would also address the program CPSC is required to initiate by which a manufacturer or private labeler can label a consumer product as complying with certification requirements (for children's or non-children's products). Among other things, the proposed rule would describe the label that manufacturers could use.
Component Part Testing Draft Proposed Rule
The draft proposed rule on component part testing will now be discussed on April 15, 2010 as part of its larger discussion of the "15 Month" rule, with a final Commission decision on the matter scheduled for April 21, 2010.
This draft proposed rule would establish the conditions and requirements for testing of component parts of consumer products to demonstrate compliance with all applicable rules, bans, standards, and regulations to:
General conformity certificate - support a general conformity certificate (for non-children's products), pursuant to section 14(a) of the CPSA;
Children's product certificate - support a certificate for a children's product based on third-party testing, pursuant to section 14(a) of the CPSA;
Reasonable testing program - be part of a reasonable testing program pursuant to section 14(a) of the CPSA;
Continued children's product testing - be part of the standards and protocols for continued testing of children's products pursuant to section 14(d)(2) of the CPSA; and/or
Other testing requirements - meet the requirements of any other rule, ban, standard, guidance, policy, or protocol regarding consumer product testing that does not already directly address component part testing.
Public Database Draft Proposed Rule
The Commission is set to vote on April 15, 2010 on its draft proposed rule that would interpret the various CPSIA requirements pertaining to the establishment and maintenance of a publicly available consumer product safety database.
Would include reports of harm, manufacturer comments. As required by the CPSIA, the database would include reports of harm as well as manufacturer (includes importer) or private labeler comments on these reports. A "report of harm" would be defined as any information submitted to CPSC regarding an incident concerning an injury, illness or death, or any risk of injury, illness or death as determined by CPSC relating to the use of the consumer product.
The database would also include information derived by CPSC from mandatory or voluntary recall notices and any "additional information" that CPSC believes would be in the public interest.
The draft proposed rule would establish provisions regarding: (i) submission of reports of harm; (ii) providing notice of reports of harm to manufacturers; (iii) publishing reports of harm and manufacturer comments in the database; and (iv) procedures for identifying and dealing with confidential and materially inaccurate information.
Live Webcast of Meeting Available
A live webcast of the meeting can be viewed at www.cpsc.gov/webcast/index.html. No registration is necessary to view the live webcast.
(See ITT's Online Archives or 04/06/10 news, 10040620, for BP summary of the database draft proposed rule.
See future issues of ITT for BP summaries of the draft proposed "15 Month Rule" and draft proposed rule on component testing.
See ITT's Online Archives or 03/26/10 news, 10032630, for BP summary of CPSC's previous announcement of meetings on these draft rules.)
CPSC notice (FR Pub 04/08/10 available at http://edocket.access.gpo.gov/2010/pdf/2010-8141.pdf
CPSC calendar (updated 04/07/10) available at http://www.cpsc.gov/calendar.html