CPSC Delays Final Rule on Certificates of Compliance

CPSCWashington—Responding to written requests from 32 trade associations as well as 58 public comments raising issues, the Consumer Product Safety Commission (CPSC) decided this week at its public meeting to seek further public input prior to finalizing a proposed amendment to its certificates of compliance regulation (often referred to as the “1110 rule”).

The amendment to the 1110 rule was first proposed in May 2013 as an update to “clarify requirements [for certificates of compliance] in light of new regulations on testing.” It has been long rumored that the drafting of a final rule was behind schedule, but the agency’s 2014 Operating Plan stated that a final rule would be proposed to the Commission prior to the end of this fiscal year on Sept. 30.

Reopen Comment Period

Instead the Commission will reopen the comment period for a public workshop to discuss the numerous issues raised in the letter from the trade associations and the public comments submitted in response to the proposed amendment.

Among them are: requiring “at entry” filing of certificates of compliance for imported products; switching the burden of issuing a certificate from domestic manufacturers to private labelers for domestically produced products.; requiring certificates for products subject to exemptions; requiring certificates to show a product does not fall within the scope of a CPSC ban; disallowing password protection for certificates made available on the Internet; and expansion of the information required on certificates, including the names of foreign manufacturers.

American Apparel & Footwear Association (AAFA) Executive Vice President Steve Lamar welcomed the announcement by the CPSC.

“Tuesday’s vote by the Commission to delay final rulemaking on the 1110 rule is welcome news for the apparel and footwear industry,” said Lamar. “AAFA believes there are many opportunities for stakeholder involvement between the Commission and the larger business community. The CPSC staff proposal to conduct a public workshop in response to stakeholder concerns regarding the proposed rule is a step in the right direction. We applaud the Consumer Product Safety Commission for recognizing that industry is committed to consumer product safety and working as partners with the CPSC on furtherance of shared goals of risk reduction and hazard avoidance.”

AAFA believes that the current 110 rule is working well, furthering public safety without being an undue burden on apparel and footwear companies. AAFA believes that any changes proposed by the CPSC must clearly demonstrate a significant improvement in public safety to justify additional cost imposed on businesses.

 

 

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