CPSC Votes to Approve Children's Textile, Mattress & ATV Lab Rules, Testing
Chairman Tenenbaum of the Consumer Product Safety Commission has issued a statement announcing and defending the Commission's recent votes to approve the publication of laboratory accreditation requirements for third-party flammability testing of children’s clothing textiles, mattresses, and mattress pads/sets and for third-party testing of children's all-terrain vehicles for compliance with 16 CFR Part 1420.
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Publishing Lab Requirements Will Lift Testing/Certification Stay for These Rules
Ninety days after the lab requirements are published, Consumer Product Safety Improvement Act of 2008 (CPSIA) third-party testing and certification will be required for children’s products subject to these product safety rules. This testing and certification has been stayed since February 2009.1
Nord, Northup Oppose Third-Party Flammability Testing for Clothing Textiles, Mattresses
Commissioners Nord and Northup both argued against issuing the lab accreditation requirements for third-party testing of the flammability of clothing textiles, mattresses, and mattress pads/sets because they believe the flammability requirements are general product safety standards, not children's product safety rules, and therefore should not be subject to third-party testing under the CPSIA. However, they voted in favor of issuing the lab accreditation requirements for youth ATVs.
Chairman Says Third-Party Testing Requirement is Unambiguous
According to Chairman Tenenbaum, Congress spoke unambiguously of its desire for third-party testing to be required for all children’s products covered by CPSC-enforced rules, standards, bans, etc., even those of general applicability. She also finds it impossible to reconcile a position that certain rules of general applicability (such as those on ATVs) constitute children’s product safety rules while other rules of general applicability (such as those related to flammability) do not.
Chairman Tenenbaum states that Congress created a clear mandate for third-party testing of children’s products and the issue of whether or not a rule is of general applicability is a moot point.
(See ITT’s Online Archives or 08/10/10 and 08/11/10 news, 10081004 and 10081103, for BP summaries of Commissioner Nord and Northup’s statements.)
1In February 2009, CPSC stayed enforcement for one year the CPSIA testing and certification requirements for many products and product safety rules, including children’s apparel, mattresses, and ATVs. Later, in December 2009, the agency revised the terms of the stay by lifting it for some CPSC regulations and extending it for others. These sets of products fell under the category of products/safety rules for which the stay was extended until further notice by CPSC. (See ITT’s Online Archives or 02/02/09 and 12/29/09 news, 09020205 and 09122920, for BP summaries of the stay.)