CPSIA Casualty of the Week

[Rob Wilson]

From The Alliance for Children's Product Safety

The Alliance for Children's Product Safety's "CPSIA Casualty of the Week" highlights how the Consumer Product Safety Improvement Act (CPSIA) is disrupting the U.S. marketplace in order to draw attention to the problems faced by small businesses, public institutions, consumers and others trying to comply with senseless and often contradictory provisions of the law. These provisions do nothing to improve product safety, but are driving small businesses out of the market.

Congress and the CPSC need to address the problems with CPSIA implementation to help small businesses by restoring "common sense" to our nation's product safety laws.

CPSIA Casualty of the Week for November 9:
♪ ♪ 76 Trombones Taken Away by the CPSC… ♪ ♪
CPSC Ruling: The Day the Music Died for Elementary School Brass Bands?
In an unfortunate but widely expected decision last week, the Consumer Product Safety Commission (CPSC) voted 3-2 to reject a petition to exempt brass from the new CPSIA-mandated lead standard.
While the petition was specifically submitted for brass bushings that hold a wheel onto the axle of a toy truck, the CPSC's vote will have widespread repercussions. In addition to brass zippers, grommets and other apparel and footwear components, victims of this decision include brass instruments, musical bells and certain strings used in a string instrument.

By in effect outlawing brass in children's products as defined by CPSIA (any product used primarily by a child 12 and under) the CPSC's actions call into question the future of school bands. Will young musicians in their school band's brass section now have to hum along with their peers, or switch to the recorder or a (plastic) kazoo?

The fact is that brass is routinely used in countless products used and touched by children daily, including door knobs, locker handles, and much, much more. There is no danger of lead poisoning from brass. CPSC staff wrote that they consider brass bushings safe and that the lead transmission from brass bushings is inconsequential and certainly not rising to the level of a hazardous substance. However, staff believed that that CPSIA offers no flexibility to the CPSC to assess risk.
Members of Congress who have refused to amend the CPSIA claimed that all would be well once new Commissioners were in place. These new Commissioners had another opportunity to vote for common sense. Unfortunately, two of the three new Commissioners believed CPSIA does not allow this - common sense has been thrown to the brass heap for now.


To see a webcast of the CPSC's public hearing on the brass exemption petition, visit http://www.cpsc.gov/vnr/asfroot/cm11042009.asx


To read the Wall Street Journal's stinging editorial about the brass decision, visit: http://online.wsj.com/article/SB10001424052748704013004574517680323...



Do not accept the status quo! Tell Congress and the
CPSC to restore "common sense" to our nation's product safety laws.
Call CPSC and Congress.

Click here to find your Representative: http://www.govtrack.us/congress/findyourreps.xpd

Consumer Product Safety Commission: http://www.cpsc.gov

Office of Chairman Inez Tenenbaum
U.S. Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814
[phone]

Office of the Small Business Ombudsman
U.S. CPSC
Washington, D.C. 20207
CPSIA Information [phone]
Tele. [phone]