CPSC Issues Final Interpretive Rule Providing Guidance on Inaccessibility

TRADE ALERT

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CPSC Issues Final Interpr= etive Rule Providing Guidance on Inaccessibility

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(July 31, 2009)

The Consumer Product Safety Commission (CPSC) recently issued a final rule giving guidance as to what product components or classe= s of components will be considered to be inaccessible. Section 101(b) (2) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) states that lead limits will= not apply to components of a children’s product if it is not accessible t= o a child through normal and reasonably foreseeable use and abuse. The final ruling goes into effect on August 14, 2009.

Below are highlights of the final rule:

·      =    Co= nstrues accessibility to be physical contact with lead-containing component parts, = and mouthing and swallowing, along with touching, among the children’s activities that can result in contact with the lead containing parts.<= /o:p>

·      =    In= accessible component parts do not have to comply with the lead content limits or be te= sted and certified as to lead content. The accessible portions of a product, unl= ess specifically excluded from lead content requirements or the testing requirements, would require testing and certification to the lead content limits.

·      =    In= accessibility will be determined by using accessibility probes before and after normal and reasonably foreseeable use and abuse tests.

·      =    Bi= te tests are excluded from use and abuse tests for all age groups

·      =    Ch= ildren’s products that contain parts with lead which are enclosed, encased, or cover= ed by fabric and passes the appropriate use and abuse tests, is inaccessible t= o a child unless the product or part of the product in one dimension is smaller than five centimeters.

For a copy of the complete final rule please visit: http://www.cpsc.gov/library/foia/foia09/brief/leadinaccessguide.pdf

To determine if your products fall under the new requirements, please seek legal counsel or speak to a trade consultant.

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About Deringer

A.N. Deringer,= Inc. is a leading provider of international logistics services including Freight Forwarding, Warehousing & Distribution, Customs Brokerage, Logistics Consulting, Cargo Insurance, Duty Drawback, and Meat Inspection. Deringer combines over 30 US offices with a global agency network to facilitate the movement of cargo throughout the world.