The most popular question in the last 24 hours or so has been whether Pres. Obama’s “regulation” freeze impacts or delays the Consumer Product Safety Improvement Act (CPSIA). Specifically, I have lots of emails asking whether the rule freeze means that the 2/10/09 lead content limit and phthalate ban are delayed.
CPSIA FAQ #3: Does Pres. Obama’s Rule Freeze Delay the CPSIA?
No. The “rule” freeze is a freeze on regulations, not the law itself. The lead content limit and phthalate ban are in the text of the law itself – and remain unaffected by the regulatory freeze. In fact, the regulatory freeze is actually detrimental since the exemptions for natural products and lead in electronics are in the regulatory pipeline. So, these are delayed by Pres. Obama’s order.
So the answer is you still have to meet the lead content limits for children’s products on February 10, 2009, and you still have to address the phthalate bans for toys and child care articles for items manuafctured after 2/10/09.