The Consumer Product Safety Commission continues to implement the provisions of the Consumer Product Safety Enhancement Act. The following summarizes the major developments from May 18 to June 12, 2009.
"The Consumer Product Safety Commission vetoes the ballpoint pen exemption application and will not delay the implementation of the regulations."
The CPSC may exempt a product or material from the lead content requirements of the CPSA if the CPSC believes that use of such lead-containing products will not be absorbed by the body or endanger public health and safety. The Writing Instrument Manufacturers Association wrote to the committee in February requesting an exemption for ballpoint pen tips. Such nibs may contain lead ranging from 0.1% to 5%, and the association claims that there are currently no viable alternatives and that it may take two years or more to develop a replacement.
CPSC staff agreed that such products have a low chance of releasing lead, but recommended denying the Writing Instrument Manufacturers Association's request because the CPSA prohibits exemptions for any circumstances where lead may be absorbed into the body. It also voted to reject the association’s application in early June. The Consumer Product Safety Commission declined to delay enforcement of lead-containing limits on such products.
However, Thomas Moore, acting chairman of the Consumer Product Safety Commission, pointed out that most ball pens are not children's products and are therefore not subject to the lead content limits of the Consumer Product Safety Enhancement Act. The lead content limit only applies to ballpoint pens intended for use by children 12 years old or younger. General-purpose ballpoint pens are not subject to the lead content limit, regardless of whether these products are sold or used in schools.
"Moore replaces Nord as acting chairman of the Consumer Product Safety Commission"
Effective June 1, Moore will serve as acting chairman of the Consumer Product Safety Commission, replacing Nancy Nord. Moore will serve until the Senate appoints a new chairman; Nord will remain on the committee as a commissioner until his term expires in October 2012. U.S. President Obama has nominated Inez Moore Tenenbaum as chairman of the Consumer Product Safety Commission and Robert S. Adler as the new commissioner of the commission. In addition, there are reports that the president will nominate a Republican to fill the fifth and final commissioner position, leaving the commission with three Democrats (Moore, Tenenbaum, and Adler) and two Republicans Composed of people (Nords and candidates yet to be nominated). It is expected that the Consumer Safety Commission, composed of five commissioners, will operate more efficiently and be able to implement the Consumer Product Safety Enhancement Act more effectively.
"Consumer Safety Commission Revises Labeling Requirements for Detonators"
The Consumer Safety Commission recently announced a decision to supplement the current definition of "blasting cap" in its regulations under the Federal Hazardous Materials Act. According to the Federal Hazardous Materials Act, individual detonators or detonators do not need to be printed with the words "Keep out of the reach of children" provided that (1) each detonator or detonator has large characters Mark "DANGEROUS-BLASTING CAPS-EXPLOSIVE" (DANGEROUS-DETONATOR-EXPLOSIVE) or "DANGEROUS-DETONATOR-EXPLOSIVE" (DANGEROUS-DETONATOR-EXPLOSIVE); (2) The outer box and any accompanying printed matter are properly and completely warning label.
– Reference source: HKTDC 2009-06-19
