Home School Legal Defense Association

J. Michael Smith, Esq.

Michael P. Farris, Esq.

Federal Regulators Delay Testing of Children’s Products

February 3, 2009

The Consumer Product Safety Commission has voted to delay enforcing a portion of new safety requirements regarding certain products for children 12 and under. Specifically, the agency decided to wait a year before requiring manufacturers and importers to test and certify any children’s products that would have been mandated for testing on February 10. Overall safety standards remain in place and still apply even to small retailers and vendors of second-hand items.

Manufacturers of children’s products will still need to be sure that they are conforming to the safety standards on leads and phthalates in products. However, they will be given an extra year of limited relief from the requirement for testing and certification (lasting till February 10, 2010). Family businesses can move forward without testing for another year, therefore, as long as they are confident that their products meet the lead and phthalates limits, mandatory toy standards and other requirements.

Retailers, thrift shops, consignment shops, and individual sellers of new or used products are not affected by the stay. They were never required to test or certify that what they were selling met the standards, but they violate the law if what they sell does not meet the standards.

HSLDA will continue to go ahead with meetings with the CPSC Commissioners to discuss our concerns with the regulations. We will additionally push for legislation to permanently protect small family businesses, such as Senator Jim DeMint's proposed legislation.


The information in this document is not intended to be legal advice. Sellers of consumer products should seek counsel from their attorney regarding the specific products they intend to sell.

 Other Resources

An outline of Senator Jim DeMint’s proposed legislation >>

CPSC news release: CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products >>

HSLDA article: Consumer Product Safety Improvement Act of 2008 >>