While the attention of product sellers has been on the steady stream of regulations coming out of the CPSC because of the CPSIA, it is important not to lose sight of new statutory requirements coming down the road. For example, as you struggle to adjust to the 300 ppm lead requirements, remember that those requirements will be adjusted downward to 100 ppm a year from now. This will happen unless we find that, for a particular product or class of products, such a downward adjustment is not technologically feasible. Further, since Congress has not acted to address the terrible unfairness imposed by the retroactive nature of the law, the new standard will impact existing inventory.
We recently issued a request for comment asking about the technological feasibility of moving from 300 ppm to 100 ppm of lead in children’s products. Here is a link to the FR notice. Please take this opportunity to let us know the impact this requirement will have on you, your suppliers, and your customers. While we are especially concerned about whether this downward adjustment is technologically feasible (as defined in the law), be sure to give us any other comments and observations to create a record that will allow me to argue for a rational and sensible application of the law.