From the issue in September, TOY INDUSTRY has delivered coverage about the highly-concerned Consumer Product Safety Improvement Act (CPSIA). Recently, Consumer Product Safety Commission (CPSC) announced the General Conformity Certification for it and provided guidance on details about its implementation. TOY INDUSTRY has invited related testing lab to narrate these and the effect on the industry.
The Consumer Product Safety Commission (CPSC) held a public meeting on September 4, 2008 to provide guidance to manufacturers on the Consumer Product Safety Improvement Act (CPSIA) of 2008.
The meeting was presided over by Acting Chairman, Nancy Nord.
While many key points were explained, there are still many unresolved questions. Intertek will keep you updated as we get official responses from CPSC.
What is a children's product?
The definition of a children's product is provided in Section 235 of the Bill. CPSC will consider the following factors in assessing whether the product is intended for children:
- intended use of the product;
- how the product is marketed;
- whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger;
- Age Determination Guidelines (published September, 2002)
What products need to be tested by third parties?
- children's products subject to children's product safety rules
- children's product safety rule encompasses every standard, ban, rule under CPSC's statutes.
Mandatory Third Party Testing of Certain Children's Products:
- Lab accreditation will be required separately for each applicable section of the Act starting with lead in paints/surface coatings (16 CFR 1303) published in September.
- Third party certification requirement shall apply to any children's product manufactured more than 90 days after CPSC has established and published rules for accrediting third party labs.
Time table for publishing accreditation procedures by CPSC and third party testing:
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CPSC publishes accreditation procedures |
Third party testing required |
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Lead content in coating/paint |
September 2008 |
December 2008 |
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Cribs and pacifiers |
October 2008 |
January 2009 |
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Small parts |
November 2008 |
February 2009 |
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Lead in children's jewelry |
December 2008 |
March 2009 |
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Baby bouncers, walkers, & jumpers |
March 2009 |
June 2009 |
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300 ppm lead content in substrates |
May 2009 |
August 2009 |
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All remaining CPSC Children's Product safety rules |
June 2009 |
September 2009 |
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Do the regulations apply to inventory?
The Office of the General Counsel of CPSC was requested to provide an advisory opinion on whether section 101 regarding lead in the Consumer Product Safety Improvement Act of 2008, Public Law 110-314, 122 Stat. 3016 (August 14, 2008) ("CPSIA") applies to product in inventory or on stores shelves prior to the effective date of those provisions, February 10, 2009.
According to Cheryl Falvey, CPSC General Counsel opinion which was released on September 12, 2008, CPSIA read as a whole suggests that the statutory provisions on lead limits apply to inventory. Products with more than 600 ppm of lead must come off the shelves no later than February 10, 2009, 180 days after enactment.
Certification:
Intertek has got confirmation from CPSC that third party test reports are not equivalent to certificates. The certificate has to be issued by the first party (for example, the manufacturer), not the third party test lab. They may have some similar information, but it will be a mistake to equate them.
CPSC may initiate a model format for certification in future. The product cannot be sold if no certificate accompanies the product.
Certificate has to be available to US Customs and CPSC upon request. E-filing may be available with CPSC in future.
Testing Details:
- A "Reasonable Testing Program" specifying the number of samples required for testing and frequency of testing has not been defined.
- CPSC has indicated that compositing of parts is not allowed for lead and phthalate testing. However, we are seeking an official confirmation from the CPSC.
- On September 26, 2008, CPSC welcomes public comments on Section 101 of CPSIA - Children's products containing lead; lead paint rule; specifically subsection 101 (b)(2); Exception for Inaccessible Component Parts, and subsection 101(b)(4), Certain Electronic Devices. http://www.cpsc.gov/about/cpsia/101rfc.pdf
Tracking Labels:
- Tracking labels are required on product and packaging of children's products including children's apparel products.
- CPSC may define the format of tracking label in future meetings.
Labeling Requirement for Toy and Game Advertisements:
Enforcement Dates:
- The effective date of compliance for Internet advertising requirements as implemented by Section 105 of the CPSIA is December 12, 2008.
- The advertising requirements with respect to catalogues and other printed materials will take effect February 10, 2009.
The CPSC staff has, however, recommended that the Commission provide the 180 day (or until 9 August 2009) grace period for catalogues and other printed materials printed prior to the effective date of February 10, 2009 to be distributed.
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