Thursday, September 23, 2010

CPSIA - "Children's Product" Final Rule Vote Delayed . . . Again

770 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are only 40 days left until Election Day.

The CPSC Commission pushed back the date to consider this "final" interpretative rule on "Children's Products" for another week, to September 29th. These delays are unexplained. I guess we can't be trusted to understand their debate. Too fancy for us? Perhaps too explosive. This Dem-dominated Commission DOES NOT WANT to initiate ANY new rulemaking processes. That makes it imperative to keep the final interpretative rule on "Children's Products" very similar to the draft form - to avoid another comment period. Thus, they want to go with what they have, damn the consequences, to preserve their plan to be done with rulemaking by February 10, 2011, the date when the testing stay is set to expire.

Hope you have taken on board the pending expiration of the testing stay. You need to prepare - sell your business, close it, pile up the money to give to the testing companies or your lawyers, or your other creative plans to deal with it.

All kinds of things spin out of control for the Dems running the shop if they fall further behind in their schedule. The pending loss of their third vote (Moore's term ends in a few days and he cannot serve beyond the end of the year) means they face stalemate and frustration soon if they aren't done when he goes. To prevent you the voter from running "their" agency, they need to finish their dirty work NOW.

If things don't work out as planned, I am sure you are prepared to coach the Dems on how to deal with frustration and stalemate. By now you should be an expert!

The delay in taking this rule to "final" signals a real and profound disagreement within the agency. Somebody's agenda is going to get dented. So far, they haven't found a way out of this paper bag.

Based on their track record, whatever they decide, you'll be the loser. And no one will be the winner, either.

November 2nd can't come too soon for me.


Chris said...

...not to mention, if the CPSC can not define the term "Children's Product", which is at the heart of the majority of CPSIA, it is yet another way the law could be proven ineffective(and evidence the law needs to be repealed/revised).

Sound similar to the testing stays yet? They don't care, they just want to push it through. Nobody is listening.

I know I'm ready for November 2nd.

Ben S said...

Here I thought the ombudsman idea was supposed to help facilitate communication..

Anonymous said...

Looking forward to Nov. 2nd as well!!! Just hope enough people feel the same way.

Anonymous said...

Of course they can be trusted to defining "children's products". Just look at the recent "Love Tester" recall:

"These items were originally purchased in 2005, and intended as a teenage to adult novelty, and not for children 12 and under. This is evidenced by the novelty of this item being to measure the sexual performance of the bearer with the results ranging from clammy to naughty, passionate and hot stuff."

"CPSC has determined that the Love Tester items are for children 12 and under, and D&D agrees to comply with the CPSC’s decision to recall the items."

Somebody tell those darn kids to knock it off.