The Consumer Product Safety Commission (CPSC) has announced that it will delay enforcement of its new mandatory safety standard for “pre-filled portable fuel containers” until July 12, 2024.

The requirement, which was originally set to begin on July 12, 2023, mandates flame mitigation devices on new gas cans and other containers that are sold empty, as well as on new containers that are sold pre-filled with fuels. Flame mitigation devices are meant to prevent flame jetting and container punctures. Examples include flame arrestors, expanded metal mesh, screen bladders, pinhole restrictors and pumps.

The requirement will likely impact ILMA members that manufacture automotive-related products with flash points below 140 degrees Fahrenheit that are sold in pre-filled containers.

ILMA, along with affected manufacturers and other trade associations, raised concerns to the CPSC about the industry’s ability to meet the July 2023 compliance deadline. In addition to alerting the agency about backlogs at third-party testing facilities, ILMA questioned whether the standard applies to products that were manufactured and packaged prior to the deadline.

It is important to note that the extended deadline affects only pre-filled containers. Containers sold empty are still required to be manufactured in compliance with the applicable voluntary standard by July 12, 2023.

In its announcement of the extended deadline, the CPSC acknowledged that enforcing the mandate for pre-filled containers would limit the supply of essential products and encourage consumers to use alternatives for unintended purposes, thereby compromising the purpose of the new safety standard.

The delay in enforcement will afford manufacturers additional time to develop and test compliant container designs. The CPSC requested that affected parties keep the agency apprised of their progress to develop new packaging at least once per quarter. The agency reserved the right to rescind its enforcement discretion at any time.

For more information on the new standard and its impact, please see the “Washington Landscape” column in the May issue of Compoundings.