The CPSIA requires that children’s products sold after August 14, 2011 contain no more than 100 parts per million of lead and that requirement applies retroactively to all products in inventory and on store shelves. The retroactive nature of the law accounts in part for the economic devastation and mindless waste that has resulted over the last two years as companies tried to comply. The 100 ppm requirement goes into effect unless the CPSC finds that for certain products or classes of products this requirement is not technologically feasible.
Last month, the agency held a hearing on what constituted technological feasibility. A webcast of that hearing can be found on our website. In preparation for that hearing, we asked for comments from the public. Because Commissioners and agency staff were given little time to ask questions of the witnesses at the hearing, the record of the hearing has been held open so that Commissioners can submit additional written questions to the witnesses. In addition, any member of the public may submit additional information.
The Commission voted yesterday to keep the record open for 15 days after the notice is published in the Federal Register. (Publication occurs about a week after the notice is submitted, so effectively you have only three weeks left to respond.) Therefore, anyone with additional thoughts on the issue of how we manage the migration to 100 ppm needs to let us have your comments and suggestions asap.