Reform CPSIA HR4040

The August 14, 2008 legislation included a new ban on lead in children's products (no more than 600 parts per million (ppm) by weight of any part of the product). According to the CPSIA, the new lead requirements take effect beginning February 10, 2009. However, the Consumer Product Safety Commission (CPSC) has determined that this new requirement will apply to goods in inventory, as well as goods made on or after that effective date. This ruling effectively makes this new lead requirement retroactive.

This means that product that produced several months ago, & which is safe & legally compliant today, will not be able to be sold on February 10. This seems unfair, as it means we are being held responsible for a standard that didn't even exist when those goods were made. Moreover, it will be extremely difficult - & in some cases impossible - to retroactively certify that individual goods already in the warehouses & on the store shelves meet the new lead standard. In short, the ruling puts at risk millions of dollars of inventory.

Based on 2002 U.S. Census data, which is the most current available for the apparel manufacturing industry, the Cut & Sew Apparel Manufacturing industry, which includes most categories of small manufacturers of infant’s & children’s apparel, is comprised of more than 40,000 companies. Of these, almost 28,000, or 68%, are sole proprietors contributing a total of $900 million to our nation’s economy. Thus, while our businesses are small, they comprise well more than the majority of the apparel manufacturing businesses currently operating in this country.

We urge the CPSC to issue guidance that makes clear that textiles & apparel are only subject to the lead & lead in paint requirements to the extent that a component presents a risk that it contains lead.

I respectfully request that the CPSC institute rulemaking to clearly define the scope and applicability of the new lead regulations and testing requirements for apparel and footwear products. I also urge that CPSC announce and implement an orderly enforcement schedule that focuses initial phases on education of these new requirements.

Finally, I believe the decision by the CPSC to apply the lead ban retroactively needs to be reconsidered as soon as possible since the practical impact of this decision, in today's economic environment, will have an adverse effect at a time the government is spending billions to stimulate the economy.

Disclaimer: I am not the original author of this petition. This petition was authored by concerned men and woman whom this Act will dramatically affect. I am grateful to them for their contribution to this effort.