Public Policy And Issues

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MJSA: Support legislation to ease lead-content law

April 06, 2009

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Providence, R.I--Republican Rep. Joe Barton of Texas has introduced legislation to the House of Representatives that will significantly ease the strict mandates of a new law restricting lead content in children's jewelry, Manufacturing Jewelers and Suppliers of America (MJSA) has learned.

According to Barton, the legislation, titled the Consumer Product Safety Solutions Act of 2009 (H.R. 1825), will "fix flaws in the Consumer Product Safety Improvement Act that are driving millions of small businesses toward bankruptcy."

The Consumer Product Safety Improvement Act (CPSIA), which was made into law on Feb. 10, impacts products that are designed or intended primarily for children 12 or younger. Under the CPSIA, the legal limit for lead content in metal components of children's jewelry and other products is 600 parts per million (ppm). That number will drop to 300 ppm on Aug. 14, 2009.

According to MJSA, H.R. 1825 offers the following:

--It allows jewelry manufacturers and retailers to "sell-through" inventory for a year after a new lead limit takes effect. Only products made after Feb. 9, 2009, would have to meet the 600 ppm standard. Only products made after Aug. 13, 2009, would have to meet the 300 ppm standard.

--It creates a temporary compliance protocol for lead-content testing that permits jewelry manufacturers to use any reasonable testing methodology. It also mandates that the Consumer Product Safety Commission promulgate new lead-content testing procedures in six months.

--It gives regulators much more flexibility in allowing exemptions and inserts age consideration into the exemption standard.

--It waives the testing requirement for products if their components have been tested and certified by the components' manufacturers or private labelers.

--It creates regulatory flexibility in labeling provisions. The existing requirement that goes into effect on Aug. 14, 2009, asks that tracking labels be affixed to every children's product, presenting severe technical challenges.

MJSA is urging industry members to write their representatives asking them to support H.R. 1825, using the following sample letter as a guide:

The Honorable ___________________
United States House of Representatives
Washington, D.C. 20515
 
Dear Representative:

As your constituent and a member of Manufacturing Jewelers and Suppliers of America (MJSA), I am writing to express my concerns regarding the impact of the Consumer Product Safety Improvement Act (CPSIA) on my business and to ask you to support H.R. 1815, the Consumer Product Safety Solutions Act of 2009.

While I want to do my best to provide safe products in the marketplace, the CPSIA has created unrealistic deadlines, and its ambiguity has made it difficult for me to even determine what my responsibilities are.

Testing requirements for finished products are unrealistic. The requirement that tracking labels be affixed to every children's product presents severe technical challenges.

We believe the CPSC must be given the flexibility to provide reasonable exemptions, and testing and labeling requirements must be adjusted to provide alternative methods to attain the same goals.

I look forward to hearing from you about the steps you have taken to help us. Thank you.


MJSA recommends sending the letters either via FAX or e-mail. To find your representative's name and contact information, go to House.gov and search your zip code. You can send an e-mail from that Web page. Be sure to identify yourself as a constituent in the e-mail header.

If you prefer to call, MJSA says to explain that you are a constituent and ask to speak to a staff person with responsibility for business issues. Explain to him or her that you would like to discuss the nature of your business and the impact of this law on your business. Ask for your representative to support H.R 1815 and indicate that you plan to call back to find out what actions the representative has taken on your concerns. If you do not talk with someone with policy responsibility, at a minimum, explain that you are a constituent and that you would like the office fax number.

No matter what the nature of the conversation, MJSA says to follow up the phone call with a fax or e-mail, and to share copies of your correspondence with MJSA. The organization would also appreciate hearing the results of your efforts.
 
For additional information, contact MJSA Director of Communications Gerry Davies at (800) 444-6572 ext. 3051 or via e-mail at gerry.davies@mjsa.org.
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