Tracking Label Enforcement

CPSC COMMISSIONER MOORE VOTES TO PREVENT

STAY OF ENFORCEMENT ON TRACKING LABELS

* * News from The Alliance for Children’s Product Safety * * *

FOR IMMEDIATE RELEASE

May 14, 2009

Contact: Ashley Hutto, (202) 828-7637, ashley.hutto@bgllp.com

The Commissioners of the Consumer Product Safety Commission (CPSC) split their vote today on a request by the National Association of Manufacturers for an emergency stay of enforcement of the tracking label requirements of the Consumer Product Safety Improvement Act (CPSIA). This marked the first time that there was not a unanimous vote by the Commissioners on a CPSIA-related matter. The tie vote means that no stay will be granted and the tracking label requirement will go into effect as scheduled in August 2009. Acting Chair Nancy Nord voted to grant the stay request and Commissioner Thomas Moore voted to deny it.

Rick Woldenberg, Chairman of the Alliance for Children’s Product Safety, issued the following statement in response to the vote:

“We are deeply disappointed in Commissioner’s Moore vote to deny the petition. His vote will result in more chaos for manufacturers and retailers from this law particularly for small businesses  who are already reeling from a difficult recession. The leaders of Congress should take note that Acting Chair Nord, in voting to approve the petition, showed the flexibility and leadership that had been urged in letters by Senator Mark Pryor (Chairman of the Senate Subcommittee on Consumer Affairs) and other Members of Congress. It is time for these same Members of Congress to urge Commissioner Moore to do the same.

Because of a deluge of conflicting priorities caused by the CPSIA, the CPSC has yet to issue rules for implementing the label requirement that will take effect in three months, leaving little time for manufacturers to prepare. Even when the new rules are released, tracking labels will create practical problems for small businesses. Processing labels is expensive and adds significantly to the complexity of small production runs. In addition, some products have more than one source or are assembled from components made at different times. Small businesses are throwing up their hands over this new burden.

It is time for Congress to fix this law, which has caused massive economic damage because of its overly broad definition of children’s products, its unrealistic deadlines and its retroactive bans on the sale of existing inventory.”

The Alliance for Children’s Product Safety is a coalition of small business owners, manufacturers, crafters and entrepreneurs who are impacted by the Consumer Product Safety Improvement Act. To view the Alliance’s Capitol Hill rally that took place April 1, 2009, visit www.AmendTheCPSIA.com. For more information, please contact Ashley Hutto at (202) 828-7637.

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