Press Release: CPSC Suggests Delaying Vote on Proposed Powdered Metals Ban

Commission Identifies Potential Issues with Proposal


WASHINGTON –Yesterday, the Commissioners of the United States Consumer Product Safety Commission (CPSC) were briefed by CPSC staff on proposed amendments to fireworks regulations, which include a proposed ban on powdered metals in burst charges. 

Given potential issues identified with the proposal –including questions about whether sufficient data exists to support it -  all four Commissioners expressed a willingness to take a pause on a potential vote on the proposal.  Comments and scientific evidence submitted by the National Fireworks Association played a critical role.

Among the many pieces of information provided previously by NFA to the CPSC were test results from a US DOT-approved explosive test lab demonstrating that the proposed metals ban lacks a rational basis for improving the safety of consumer fireworks, a point NFA has made repeatedly throughout the rule making process.  Sadly, there was no discussion of NFA’s analysis of more than 20 years of CPSC’s own safety data demonstrating a decrease in injuries at the same time as imports of consumer fireworks (especially aerial fireworks) have increased dramatically. 

“The NFA has been calling for industry consensus since this rule has been proposed”, said NFA Secretary Steve Houser who was in attendance.“I’m pleased the commissioners have chosen to listen to the science that we’ve provided and suggested more time to get this rule right and to save our fireworks.”

In bringing up the data provided by NFA to the CPSC, and the thousands of public comments in opposition to the proposal, the Commission suggested a pause on the proposal to give more time to develop industry consensus and consider whether sufficient data exists to support the proposal.
  
Also as part of the briefing, the CPSC Commissioners acknowledged the need to find a reasonable replacement for the problematic “ear test “– a goal shared by NFA.

The NFA has always maintained that this NPR, as written, will not make consumer fireworks safer.  Rather it will only make them less attractive and more expensive.  This will severely impact the 1,000+ small businesses that comprise its membership in a negative way, without improving safety, which should be the focus of any CPSC regulation.

About NFA: The National Fireworks Association is a non-profit organization dedicated to advocating for the safety of consumer fireworks. Importers, distributors, manufacturers and sellers of commercial fireworks make up the over 1,200 small businesses member companies who operate in the United States. 

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