by Jennifer Haggerty
As published in the February 27, 2018 Federal Register, the Consumer Product Safety Commission (CPSC) has issued a direct final rule regarding corrections to their animal testing regulations under the Federal Hazardous Substances Act (FHSA). The first correction reinserts the definition of “acute toxicity” under 16 CFR 1500.3(c), the definitions section of the FHSA. This definition was inadvertently removed during the 2012 amendment to the animal testing regulations. The omitted text gives guidance on assigning toxicity classifications to substances, as well as guidance on possible exemptions from certain labeling requirements. The second correction reinserts text removed during the 2012 amendment to the testing regulations regarding the definition of “corrosive.” The final rule will reinsert text that cross-references the definition of “corrosive” to the text of the FHSA, 15 U.S.C. 1261(h)(2)(i). The final correction is for the method of testing dermal toxicity. The final rule will remove text that refers to a subsection of the regulation that does not exist.
Since the CPSC is issuing this as a direct final rule, it will become effective on April 30, 2018, unless they receive “significant adverse comment” by March 29, 2018. Comments may be submitted electronically via the e-Rulemaking Portal, or through written submission.