Importer Security Filing The “10+2” Rule.ppt

CPSIA, 10+2 the Lacey ActIFFCBANO  May 29, 2009 Heather Litman Grunfeld, Desiderio, Lebowitz, Silverman Klestadt LLP 707 Wilshire Blvd., Suite 4150, Los Angeles, CA 90017Tel.: 213-624-1970 ? Fax: 213-624-1678 e-mail: hlitman@ Similarities And Differences Each program highlights the shift from an interventionist, border focused strategy to a risk assessment approach. While the regulatory burden of each program is different, the implementation challenges raised by these programs provide an insight into possible future regulatory changes. CPSIA: An Overview Legislative Highlights: Enacted on August 14, 2008. Imposes a compliance certification requirement for products subject to new and existing product safety rules. Defines “children’s product” (12 years or younger). Decreases allowable lead paint limits. New lead substrate standard. New phthalate standard. Requires accredited 3rd pty testing for children’s products. New tracking label required for children’s products Consumer Product Defined An article or component of an article which is customarily produced or distributed for sale to or for the personal use, consumption or enjoyment of consumers in a residential, school, recreational or other environment. Definition does NOT include a product intended for commercial, or industrial use UNLESS it is sold to or used by consumers more than occasionally. DEFINITION OF “CHILDRENS PRODUCT” A consumer product designed or intended primarily for children 12 years of age or younger. The CPSC will consider the following factors to determine whether a consumer product falls under this definition: A statement by a manufacturer about the intended use of such product, including a label on such product if the statement is reasonable. Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. Whether the product is commonly recognized by consumers as being intended for use by a c