Section 103 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires, to the extent practicable, manufacturers to place permanent, distinguishing marks on any consumer product (and on its packaging) primarily intended for children twelve beginning August 14, 2009. These marks are intended to assist companies within the distribution chain, as well as consumers, identify those products that are recalled or require corrective action. The National Association of Manufacturers (NAM) CPSC Coalition (the “Coalition”), comprised of 31 industry associations, recently requested the Consumer Product Safety Commission (CPSC) to issue an emergency stay of enforcement of these tracking label requirements.

In its petition, the Coalition emphasizes that implementation of an effective tracking label program will require a careful assessment of all issues and costs, different technologies that might be utilized to provide the required information (e.g., labels, codes, radiofrequency identification), and how such a system relates to the labeling requirements under other provisions of the CPSIA and other laws. As CPSC only recently requested comments on how a tracking label program could be implemented, the Coalition argues that it is highly unlikely the Commission will finalize regulations well before the August 14, 2009 effective date. Even if regulations were published today, the Coalition asserts, manufacturers would not be able to implement a proper tracking program because execution will require, among other things, changes in labeling requirements for packaging and products, often at the design stage, legal reviews, and training of supply chain partners. In addition, companies may have to develop and test electronic databases in connection with the creation of such a tracking program.

To this end, the Coalition urges CPSC to issue immediately a stay of enforcement of the August 14, 2009 tracking label requirements until August 14, 2010. According to the Coalition, this additional time will permit the Commission to develop and issue clear guidelines on how a tracking program will be implemented and enforced. It also will enable all companies within the distribution chain to become educated on the program requirements.

Please contact any of the individuals listed if you would like to discuss the Coalition’s request or if you have any questions regarding the CPSIA in general.

Related document:
National Association of Manufacturers CPSC Coalition’s Request for Emergency Stay of Enforcement of CPSIA Section 103