CPSC Small Business Ombudsman Cohen discusses upcoming regulatory changes with industry
Jane Kitchen -- Kids Today, 11/8/2011 5:19:43 AM
Cohen
Louisville - About 70 industry members gathered in a meeting room last month at the ABC Expo to hear an open talk from the Consumer Product Safety Commission's Small Business Ombudsman, Neal Cohen, who outlined the recent and upcoming regulatory changes to our industry as a result of the recently passed law H.R. 2715. H.R. 2715 is designed to address some of the original content in the Consumer Product Safety Information Act of 2008, including details on lead limits, phthalates, third-party testing and small batch manufacturers.
"It was a very compromised bill - I don't think anyone was thrilled with it on either side," said Cohen.
Cohen explained that the conversation is very much in process about how to reduce third party testing costs for manufacturers, and the CPSC is seeking public comment on the issue.
"Reach out to the commission- reach out to me," urged Cohen. "It really is sort of democracy in action."
But, he continued, "Have your facts in order. If you can make a case, you're going to get an audience."
Cohen also urged industry members to stay aware of what regulatory changes are happening in the industry by signing up for his email updates, as well as for the C.P.S.I.A.'s listserv, which sends out email notices of things like Proposed Rulemakings on different categories of goods (a notice of Proposed Rulemaking on play yards just went out last month, for instance).
Cohen said there are more products scheduled for similar new rulemaking.
"They're going to be coming down the pipeline," he said. "There's a lot of them teed up."
But, he said, industry input can help shape what those new regulations will look like by getting involved and making comments and suggestions to the CPSC, and that by law the CPSC is required to reply to industry comments.
"Of course you know your products best," said Cohen. "We can't know the intricacies of your industry as well as you do."
But Cohen said it's imperative to come to the CPSC early in the process, and alluded to the last-minute effort by some retailers to have a sell-through extension on cribs before the new regulations took place in June.
"After what happened with the cribs in June, this is one of the reasons I'm standing out here," said Cohen. "We don't want people to be standing here saying ‘I didn't know this was happening.'"
When asked about how manufacturers were supposed to cope with increased costs from third party testing, Cohen was upfront, but didn't have an answer.
"I'm not going to stand up here and say it's all roses and peachy keen," he said. "It's a lot of work, and it's a lot of money...I don't have a simple answer, but this is now the final rule the Commission is doing, but at the same time, we're looking at ways to mitigate those costs."
Cohen urged industry members to get involved and help provide solutions or ideas for how this might be accomplished.
"We need data, data, data, and we need industry knowledge as well," he said.
Cohen urged industry members to be aware of several upcoming key dates, and reminded audience members that even if they can't be in Washington, sessions are webcast.
On Oct. 26th, there is a hearing on alternative testing for small batch manufacturers.
And Jan. 1, 2012, is the date when enforced testing and certification begins; for lead testing, it will be for products manufactured after Aug. 14, 2011, and for phthalates it will be for products manufactured after Dec. 31, 2011.
"(The CPSI A) fundamentally changed the landscape of this industry," said Cohen. "But at the end of the day, we enforce the laws given to us by Congress."
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