We obtained significant relief and clarity in the CPSC’s recently proposed rules providing exemptions from the lead standard for inaccessible parts and electronics. 

We have recommended common sense approaches for proposed civil penalty criteria, and for the cautionary warnings that must accompany catalogues and internet advertising. 

We succeeded in obtaining CPSC approval of Internet-based solutions for the new certification requirements.

Meetings with President-elect Obama’s transition team to brief them on CPSC/CPSIA matters;

Meetings with Congressional staff to discuss committee changes and status of a proposed CPSIA hearing to be organized by Representative Rush (D-IL);

Facilitation of a petition jointly signed by TIA, the National Association of Manufacturers, and 33 other leading industry groups requesting rules to reduce the burden on industry;

Encouragement of other Associations and Coalitions to contact CPSC and Congress to seek relief from unwarranted and burdensome requirements; and

Mobilizing TIA members to write thousands of letters to Congress and the CPSC.

Meeting with the new House and Senate committee leadership;

Preparing for a possible House hearing with Representative Rush and his committee;

Encouraging the House Small Business Committee hearing to consider the CPSIA’s impact on small companies;

Investigating the feasibility of a TIA member “Washington, DC Fly-In” to lobby members of Congress before the February 10, 2009 implementation date; 

Submitting further comments on the remaining phthalates, testing and lead issues;

Issuing additional grassroots “Call to Action” campaigns to solicit letters from members of Congress to CPSC requesting immediate guidance and prospective implementation of lead/phthalate requirements; and

Capitalizing on media-outreach efforts to put the toy industry’s messages before target audiences.

TIA Toy Safety Certification ProgramSM (TSCP)
As you know, the CPSIA requires that CPSC initiate a program for manufacturers to label product as compliant and to establish protocols and standards for ongoing compliance. Historically, the Commission has recognized industry-created compliance programs rather than imposing its own. TIA’s TSCP offers a system that is effective with testing at a reasonable level. The TSCP’s electronic self-certification capability, which meets CPSIA General Certification of Conformity requirements, will launch later this month.

We presented an overview of the full TSCP to nearly 100 TIA members at the 2009 Hong Kong Toy Fair on January 8; we will offer another overview at Toy Fair in New York on February 16.

While in Hong Kong, we also met with representatives of the Hong Kong- and China-based toy producers and local government officials to talk about the requirements of the CPSIA and the urgency of implementing an industry-driven mechanism to assure reliable conformance with the requirements of the new Act with the minimum cost burden on industry. Representatives of major toy brands joined with TIA leadership in the meetings and participated in our discussion of how TIA’s TSCP will help to accomplish the testing and certification requirements in the most cost-efficient manner. Chinese manufacturers and representatives of the Chinese governmental safety authorities spoke at length about their concerns regarding the practicality of the program. There was agreement among all parties that the program must achieve cost reductions by eliminating redundant testing in order to be embraced by the industry. Representatives of the Chinese factories will be appointed as liaisons to work with TIA on the refinement of the program. 

Coordination of Global Toy Industry Efforts
Also in Hong Kong, the International Council of Toy Industries (ICTI) hosted a meeting of toy company CEOs from around the world to discuss the potential for better coordination of advocacy efforts on the harmonization of global safety standards, challenges and opportunities relating to environmentalism, and potential restrictions on marketing to children. It was agreed that the global nature of the toy industry, and the tendency for regulatory initiatives in one region to migrate to other regions, argues strongly for such coordination. The CEOs agreed to continue the dialogue and to work toward better coordination among the toy industry trade associations around the world.