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Does the CPSIA preempt existing state regulations?

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Does the CPSIA preempt existing state regulations?

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Yes and no. State requirements will only be preempted if the CPSIA has already addressed the hazard in question. For example, the new lead and phthalate limits preempt the Washington State House Bill 2647 with the exception of the cadmium requirement which is not covered by CPSIA. The law does not preempt state labeling laws enacted prior to August 31, 2003, and California Proposition is listed within the Act as an example of a state labeling law not preempted.

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