House proposes changes to lead law

House Democrats are proposing changes to a consumer product safety law to ease complaints from manufacturers and small businesses that the lead standards it sets are overly strict and fall on products unlikely to threaten children’s health.

Groups representing All-Terrain Vehicle manufacturers, handmade toy makers, retailers and other groups have complained that Consumer Product Safety Improvement Act of 2008 (CPSIA) threatened their businesses by requiring expensive product testing for compliance and included products already in the marketplace.

Congress passed the law following several high-profile cases of Chinese toys imported to the United States being recalled for excessive lead levels. Lead poisoning can lower IQs and lead to other developmental problems for children.

The Consumer Product Safety Commission has delayed enforcing the new standards after lobbying blowback from a host of interests that argued the law was overly broad and captured components, like ATV handlebars, that did not pose a threat to children because they were unlikely to be ingested.

But lobbyists for small businesses contend retailers on their own are insisting certain products are certified to meet the new lead standards to reduce their potential liability and have kept up pressure on Congress to pass a legislative fix.

House Democrats and Republicans are now negotiating how to change the CPSIA.

Energy and Commerce staff briefed representatives from stakeholder groups on Friday.

“We’re encouraged that [House Energy and Commerce Chairman Henry Waxman] is attempting to fix the problems with the CPSIA,” said Ed Krenik, a Bracewell & Giuliani lobbyist who represents makers of ATVs and educational products.

But Krenik said further changes were needed relating to the standards manufacturers have to meet to win an exemption from lead requirements. For example, companies have to prove that removing lead is not practicable but it isn’t clear how regulators would define that standard.

Another change provides “small batch” manufacturers, defined as businesses with gross sales less than $500,000, an alternate testing program to comply with the lead standards.

Staff are expected to release a new draft this week.

---