Galaxy Amusement Sales - LED Lighting Waterloo Tent & Tarp
JKJ Workforce Agency KOLMAX PLUS
News Video Message Board Classifieds Top 50 Fairs Photos Directories Calendar Enthusiasts About Us Home
Hitch Hiker Manufacturing E-Cash Events Wade Shows:  Now Hiring Berk Concession Supply Dreamland Amusements:  Help Wanted - Click Here DEGGELLER - HELP WANTED
Exclusive News and Interviews
Share |

Toy Safety and The CPSC


By Wayne Pierce

Rides 4U - NEW AND USED RIDES Farrow Finance Rides 4U - LED LIGHTING PACKAGES Farrow Finance
Because of the CPSC's decision on January 30, 2009, to delay enforcing SOME testing and certification requirements, the resulting confusion has put industry in even more quandary and spawned a number of myths.

Myth #1: We can now delay our efforts to comply for the next 12 months without any consequences.

Truth: Although the CPSC has covered its own butt and bought time for its own inactions, the fact remains that there are 2 federal statutes imposing a series of obligations on operators. The CPSC cannot re- write the law, and the CPSC was careful to remind operators that its stay of enforcement

(1) "does not provide any defense or excuse for non-compliance with the underlying
standards or bans,"

(2) nor does it relieve those in the chain of distribution of the responsibility to "meet all applicable product safety rules ... or similar rules, bans, standards, or regulations" under any CPSC-enforced statute.

Myth #2: We now have no reason to comply with these laws.

Truth: It has been obvious for months that the CPSC was so over- burdened that it would not be able to aggressively perform its duties. Rather, the threat to operators remains vibrant because of:

-Public complaints
-Media coverage and investigative journalism
-Whistleblowing employees
-Liability or consumer protection lawsuits
-Investigation and enforcement by state Attorney Generals
-Investigation by consumer advocacy groups or activists
-Opportunists and aggressive lawyers pursuing litigation and counsel fees
-Environmental bounty hunters

It is also significant that the CPSC's stay of enforcement is limited to "manufacturers, including importers," and does not purport to address the responsibilities of retailers (i.e., operators) who "step up" and assume the responsibility of non-performing manufacturers.

Myth #3: We do not have to do anything right now.

Truth: The CPSC was careful to note that it will continue to enforce (and industry remains obligated to comply with):

-Third- party testing and certification of children's products for lead in paint or other surface coatings
-Third- party testing and certification of children's cribs
-Third- party testing and certification of small parts in children's products
-Third- party testing and certification of children's metal jewelry

R. Wayne Pierce, the "adventure lawyer," has practiced law since 1982, nearly all of which has been intimately devoted to the quest for adventure.
In 2005, Wayne left his big law firm to open the industry's only micro-niche legal practice, Pierce AdventureLaw, in Annapolis, Maryland, and pursue his dream of protecting the adventure that makes life worth living. Wayne is a disciple to
doing this one thing well for theme parks, waterparks, or extreme sports parks; carnivals, fun centers, or fairs; resorts, adventure sports, or just plain sports.

Lifetime Products

Receive Carnival and Fair Industry News Sent Directly To Your Inbox

Sign up for our email news list to receive up-to-the-minute industry news sent directly to your email inbox. When breaking news hits, we automatically send a news bulletin to all of our subscribers. It's free, and only from!

E-mail address:    Your Name:
How are you affilliated with the industry?
Fan:    |  Fair or Event:    |  Manufacturer or Supplier:    |  Owner: |  Employee:   |   Other: 

Carnival Alert

AMUSEMENTS OF AMERICA IS NOW HIRING & BOOKING for the 2018 season!  Employment Inquiries call 
Dominic:  (732) 446-7144 and for 

Concession Boing call 
Rob:  (732) 337-7748

Campy's Amusements is Now Hiring for 2018 - Ring of Fire Foreman, Electrician, Ride Supers

BATTECH is an amusement ride manufacturer, producing popular rides such as the Cliff Hanger, Zero Gravity, Downdraft, and Super Slide.  Visit for more info.

For all your financing needs, contact Firestone Financial.  We specialize in financing amusement companies, concessionaires, and more. builds highly profitable, long lasting drink dispensers for Lemonade Concessions.  Visit

Follow Us: