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U.S. Consumer Product Safety Commission
Office of Information and Public Affairs Washington, DC 20207

January 8, 2009
Release #09-086 CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908


CPSC Clarifies Requirements of New Children's Product Safety Laws
Taking Effect in February
Guidance Intended for Resellers of Children's Products, Thrift and
Consignment Stores
WASHINGTON, D.C. - In February 2009, new requirements of the Consumer
Product Safety Improvement Act (CPSIA) take effect. Manufacturers,
importers and retailers are expected to comply with the new
Congressionally-mandated laws. Beginning February 10, 2009,
children's products cannot be sold if they contain more than 600
parts per million (ppm) total lead. Certain children's products
manufactured on or after February 10, 2009 cannot be sold if they
contain more than 0.1% of certain specific phthalates or if they fail
to meet new mandatory standards for toys.

Under the new law, children's products with more than 600 ppm total
lead cannot lawfully be sold in the United States on or after
February 10, 2009, even if they were manufactured before that date.
The total lead limit drops to 300 ppm on August 14, 2009.

The new law requires that domestic manufacturers and importers
certify that children's products made after February 10 meet all the
new safety standards and the lead ban. Sellers of used children's
products, such as thrift stores and consignment stores, are not
required to certify that those products meet the new lead limits,
phthalates standard or new toy standards.

The new safety law does not require resellers to test children's
products in inventory for compliance with the lead limit before they
are sold. However, resellers cannot sell children's products that
exceed the lead limit and therefore should avoid products that are
likely to have lead content, unless they have testing or other
information to indicate the products being sold have less than the
new limit. Those resellers that do sell products in violation of the
new limits could face civil and/or criminal penalties.

When the CPSIA was signed into law on August 14, 2008, it became
unlawful to sell recalled products. All resellers should check the
CPSC Web site (www.cpsc.gov) for information on recalled products
before taking into inventory or selling a product. The selling of
recalled products also could carry civil and/or criminal penalties.

While CPSC expects every company to comply fully with the new laws
resellers should pay special attention to certain product categories.
Among these are recalled children's products, particularly cribs and
play yards; children's products that may contain lead, such as
children's jewelry and painted wooden or metal toys; flimsily made
toys that are easily breakable into small parts; toys that lack the
required age warnings; and dolls and stuffed toys that have buttons,
eyes, noses or other small parts that are not securely fastened and
could present a choking hazard for young children.

The agency has underway a number of rulemaking proposals intended to
provide guidance on the new lead limit requirements. Please visit the
CPSC website at www.cpsc.gov for more information.


Send the link for this page to a friend! The U.S. Consumer Product
Safety Commission is charged with protecting the public from
unreasonable risks of serious injury or death from thousands of types
of consumer products under the agency's jurisdiction. The CPSC is
committed to protecting consumers and families from products that
pose a fire, electrical, chemical, or mechanical hazard. The CPSC's
work to ensure the safety of consumer products - such as toys, cribs,
power tools, cigarette lighters, and household chemicals -
contributed significantly to the decline in the rate of deaths and
injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call
CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800)
638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To join
a CPSC email subscription list, please go to
https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain this release
and recall information at CPSC's Web site at www.cpsc.gov.

October 2016



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