Interviews
Happy 1 Year, CPSIA- AAFA - paper is the right choice for clothes & shoes
17 Aug '09
6 min read
The current regulatory framework has made even the most low-hanging fruit nearly unreachable. When the legislation first passed, our industry began the process of seeking out a rule exempting fabric and textiles from the lead standard because the materials are inherently lead-free. Due to strict statutory language, the tedious process involved hearings, comments, thousands of test reports and several meetings. The final rule came out on Aug. 7, almost one year since the law was enacted. In the meantime, the industry has spent millions of dollars to demonstrate what it already knows — your plain white cotton T-shirt does not have lead in it.
Other exemption requests posed by our industry and others have not been so successful. Crystals and rhinestones on children's clothing, shoes, princess costumes, dance uniforms, cell phones, jewelry, accessories and eyeglasses are now banned hazardous substances despite a CPSC staff determination that this “bling” does not pose a health risk to children. Furthermore, data shows crystals and rhinestones would leach less lead than some jewelry that is compliant with the strictest CPSIA lead standard that goes in effect two years from now. However, as new CPSC Chairwoman Inez Tenenbaum stated, “A decision to grant the exclusion by using compliant metal jewelry as the baseline for assessing the acceptable level of exposure will reintroduce risk analysis back into consideration. ... Such an interpretation of the exclusion section of the CPSIA appears to be in direct conflict with the statutory language, which does not allow for the consideration of risk.”
Last week, the Senate moved quickly in confirming the two remaining nominees to complete the slate of commissioners at the CPSC. For too long our nation's product safety regulatory system had been underserved because of long-standing vacancies in vital leadership positions. Fortunately, the recent batch of confirmation hearings has renewed the discussion aimed at restoring common sense to our product safety rules and regulations. Through the appropriations process, chronic underfunding issues are swiftly being resolved as well.
Now that we have five commissioners providing leadership at the CPSC, the commissioners should begin following through on commitments made during confirmation hearings to quickly issue comprehensive and unmistakable guidance to fashion designers, manufacturers and retailers to resolve the immense confusion that has held our industry back.
Congress has an important role to play as well. Hearings are urgently needed to provide all stakeholders an opportunity to document the early successes and failures of the CPSIA. More importantly, with the one-year anniversary behind them, key Members of Congress should take a hard look at the legislation to see what fixes can be made — technical or otherwise — that will make this law work better and as intended. In answer to Chairwoman Tenenbaum's appeal last week, one urgently needed legislative clarification would provide the CPSC with needed tools to grant common-sense exemptions based on risk.
The Consumer Product Safety Improvement Act was a historic piece of legislation that should have been lauded but instead has become known as the law of unintended consequences. For our one-year anniversary, Congress should give American consumers and businesses a piece of paper that makes it easier to buy and sell safe and compliant clothes and shoes.
Kevin Burke is president and CEO of the American Apparel & Footwear Association.
Other exemption requests posed by our industry and others have not been so successful. Crystals and rhinestones on children's clothing, shoes, princess costumes, dance uniforms, cell phones, jewelry, accessories and eyeglasses are now banned hazardous substances despite a CPSC staff determination that this “bling” does not pose a health risk to children. Furthermore, data shows crystals and rhinestones would leach less lead than some jewelry that is compliant with the strictest CPSIA lead standard that goes in effect two years from now. However, as new CPSC Chairwoman Inez Tenenbaum stated, “A decision to grant the exclusion by using compliant metal jewelry as the baseline for assessing the acceptable level of exposure will reintroduce risk analysis back into consideration. ... Such an interpretation of the exclusion section of the CPSIA appears to be in direct conflict with the statutory language, which does not allow for the consideration of risk.”
Last week, the Senate moved quickly in confirming the two remaining nominees to complete the slate of commissioners at the CPSC. For too long our nation's product safety regulatory system had been underserved because of long-standing vacancies in vital leadership positions. Fortunately, the recent batch of confirmation hearings has renewed the discussion aimed at restoring common sense to our product safety rules and regulations. Through the appropriations process, chronic underfunding issues are swiftly being resolved as well.
Now that we have five commissioners providing leadership at the CPSC, the commissioners should begin following through on commitments made during confirmation hearings to quickly issue comprehensive and unmistakable guidance to fashion designers, manufacturers and retailers to resolve the immense confusion that has held our industry back.
Congress has an important role to play as well. Hearings are urgently needed to provide all stakeholders an opportunity to document the early successes and failures of the CPSIA. More importantly, with the one-year anniversary behind them, key Members of Congress should take a hard look at the legislation to see what fixes can be made — technical or otherwise — that will make this law work better and as intended. In answer to Chairwoman Tenenbaum's appeal last week, one urgently needed legislative clarification would provide the CPSC with needed tools to grant common-sense exemptions based on risk.
The Consumer Product Safety Improvement Act was a historic piece of legislation that should have been lauded but instead has become known as the law of unintended consequences. For our one-year anniversary, Congress should give American consumers and businesses a piece of paper that makes it easier to buy and sell safe and compliant clothes and shoes.
Kevin Burke is president and CEO of the American Apparel & Footwear Association.
American Apparel & Footwear Association.
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