Monday January 07, 2019
Available Comments on CPSC Recall Cards Are Supportive
Only a handful of responses, all supportive, were available to CPSC's proposal to update rules for registration cards for durable infant and toddler products. Given the proximity of the due date (December 24) to the start of the government shutdown, it was not clear if the number reflects all comments or if some are delayed. Posting is not automatic as agencies can review comments first. Indeed, the count (seven) versus available postings (five) suggests that at least two might be available later. The five:
The purpose of the cards is to aid in contacting consumers in the event of a recall. The 2018 CPSIA established them. There are restrictions against uses like marketing aimed at alleviating consumers' resistance to filling them out.
The new proposal (PSL, 10/15/18) envisioned phasing in the changes on two tracks depending on whether companies will need time to adapt to newly-covered products. Most revisions would go into effect 30 days after finalization. They include steps to better clarify which products are in classes already subject to mandates. New categories would get 12 months. CPSC wrote that a year to get into compliance is consistent with the time given to products under the original rule in 2009. The changes would address:
Definition: CPSC added a phrase contained in the CPSIA (which authorized the rule) but not transposed into section 104(f) of 16 CFR 1130. It clarifies that a durable infant or toddler product must be understood in the context of "intended for use, or that may be reasonably expected to be used, by children under the age of 5 years."
Product Categories: Names in the original list of covered products do not always match those in the ASTM standards behind CPSC's section 104 rules. There are three updates: