February 5, 2009
American Sportfishing Association Policy Alert
The Consumer Product Safety Protection Act of 2008
The law’s requirements creates confusion for many manufacturers, including the sportfishing industry
For more information, contact Gordon Robertson, vice president and Government Affairs lead, 703.519.9691, x237.
The Situation
In August 2008, Congress passed the Consumer Product Safety Improvement Act, a comprehensive consumer safety act that included an emphasis on child safety. The result is confusion for those affected by the new law. Commentaries regarding the law have been published in numerous trade and newspaper articles.
The potential impact on the sportfishing industry centers on the requirements
in the Act related to the use of lead andphthalates and the certification of safe levels in products that are marketed to children. Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009. Phthalates may not be present in a concentration of more than 0.1 percent in children’s toys. The Act specifically defines children’s products as “a consumer product designed or intended primarily for children 12 years of age or younger.”
The definition further specifies what factors need to be considered when determining whether a product is intended primarily for children. These factors are:
(A) A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.
(B) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.
(C) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
(D) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
This law does not define sporting goods equipment to be a toy unless the product is a toy version of sporting goods equipment. Once again, this law applies to children 12 years of age or younger. Even so, it could impact the sportfishing industry in a variety of ways depending on the product line and how it is marketed. For this reason, the American Sportfishing Association is unable to state that all sportfishing products are not accountable under this new law.
ASA members are encouraged to visit www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML and review the information to see how it may apply to your product(s).
