CPSIA - Preemption and
Federal preemption means
if a federal standard is in effect and applies to a particular
risk of injury, and a state standard deals with the same risk,
then the state standard is preempted. CPSIA is intended to
preempt individual state laws, such as requirements of lead
paint, lead content, phthalates, ATVs and the standard ASTM
F963-07 as well.
The CPSC has allowed states
to submit their applications of exemption from preemption.
In order to qualify for an exemption from preemption, the
laws shall be in effect before Aug 14, 2008; furthermore,
CPSIA does not preempt any warning requirement relating to
consumer products or substances that is established pursuant
to state law that was in effect on August 31, 2003. The Commission
will review the submissions and decide whether the state requirements
will remain in effect.
Here is the list of states
having expressed their positions of the implementation of
their state requirements:
|| As of January
1, 2009, it will be illegal to sell, distribute,
or manufacture toys and child care articles in California
with greater than 0.1% of six specified phthalates,
regardless of when or where the products were manufactured.
The effective date of the CPSIA phthalate prohibition
does not affect the implementation of California's
|| The Lead-Containing
Children's Products Prohibition Act (HB 62) approved
in May was withdrawn. Maryland is reviewing the
state legislation to see what changes need to be
made to make it consistent with the federal law.
Any changes will be made during the 2009 session
of the General Assembly, January-April 2009.
|| The Department
of Public Health of Massachusetts has announced
to withdraw the "Ban on Leaded Toy Jewelry
Regulations" which was approved in March, 2008
and will follow the Federal Public Law 110-314 (CPSIA).
of Ecology has elected not to pursue an exemption
from the preemption and withdrawn the lead, phthalates
and cadmium requirements in the Children's Safe
Product Act of Washington. However, the dept will
continue to develop a list of Chemicals of High
Concern for Children (CHCC).
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