The Environmental Protection Agency has submitted a proposed rule to the Office of Management and Budget for a significant new use rule (SNUR) for the use of HBCD (Hexabromocyclododecane) in consumer textiles. HBCD is a brominated flame retardant. Found world-wide, it bioaccumulates and biomagnifies in the food chain, and is highly toxic to aquatic organisms. Human exposure is evidenced from its presence in breast milk, adipose tissue, and blood. The SNUR would require persons who intend to manufacture, import, or process HBCD for the designated significant new use to notify EPA at least 90 days before commencing such use. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
On September 28, 2011, the Consumer Product Safety Commission is scheduled to consider numerous items, one of which is a notice that would seek comments on opportunities to reduce the cost of the third party testing requirements of the Consumer Product Safety Improvement Act of 2008, consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation. CPSC is required to seek these comments by the recently enacted bill to revise the CPSIA, which became Public Law 112-28 on August 12, 2011. The notice would seek comments on seven specific issues and comments would be due 75 days after publication. CPSC is scheduled to vote on the matter on October 12, 2011.
The Consumer Product Safety Commission published notice of the following voluntary recalls for Sept 22, 2011:
The Consumer Product Safety Commission has changed the dates it will consider two items. It will now consider an advance notice of proposed rulemaking on table saws in an open meeting on September 21, 2011 and vote on a notice revoking its April 2010 interpretation of the term “unblockable drain” as used in the Virginia Graeme Baker Pool and Spa Safety Act in an open meeting on September 28, 2011.
On September 28, 2011, the Consumer Product Safety Commission is scheduled to consider numerous items, one of which is a draft final rule regarding the conditions and requirements for relying on testing or certification of either component parts of consumer products, or another party’s finished product, or both, to demonstrate, in whole or in part, compliance of a consumer product with all applicable rules, bans, standards, and regulations: (1) to support a children’s product certificate; (2) as part of the standards and protocols for continued testing of children’s products; or (3) to 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. The final rule would be effective upon publication in the Federal Register. CPSC is scheduled to vote on the final rule on October 12, 2011.
The Consumer Product Safety Commission has issued a final rule, effective September 23, 2012, amending its standard for the flammability of mattresses and mattress pads to revise the ignition source specification in that standard as it is no longer produced. CPSC is requiring a standard reference material cigarette, which was developed by the National Institute of Standards and Technology, as the ignition source for testing to the mattress standard.
On September 28, 2011, the Consumer Product Safety Commission is scheduled to consider numerous items, one of which is a draft proposed rule which would provide for the testing of representative (instead of random) samples as to ensure continuing compliance of children’s products with all applicable children’s product safety rules. According to staff, H.R. 2715 (which revised aspects of the Consumer Product Safety Improvement Act and was enacted on August 12, 2011), amended this CPSIA provision by substituting the term “representative” for the term “random” in describing the samples that must be tested. The proposed rule also would establish a recordkeeping requirement associated with the testing of representative samples. CPSC is scheduled to vote on the proposed rule on October 12, 2011.
On September 28, 2011, the Consumer Product Safety Commission is scheduled to consider numerous items, one of which is a draft final rule that would establish protocols and standards with respect to certification and continued (also referred to as periodic) testing for children’s products. It would also establish requirements for labeling of consumer products to show that they comply with the Consumer Product Safety Improvement Act certification requirements. The final rule would be effective 15 months after publication in the Federal Register. CPSC is scheduled to vote on the final rule on October 12, 2011. (CPSC has at times referred to this as the “15 month” rule since it was meant to be issued 15 months after enactment of the CPSIA -- or by November 2009.)
The Consumer Product Safety Commission is seeking comments on a provisionally accepted settlement agreement with Bad Boy Enterprises, LLC, containing a civil penalty of $715,000 to settle allegations that the company knowingly failed to immediately notify CPSC, as required by statute, of sudden acceleration defects in certain of its off-road utility “buggy” vehicles.
The Office of Textiles and Apparel is offering a free Webinar on October 5, 2011 entitled "How to Get Duty-Free Treatment for Imports of Certain Haitian Textile and Apparel Goods." The Webinar will start at 2:00 pm and advance registration is required.