Updates to Consumer Product
Safety Improvement Act (CPSIA)
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. Other members of CPSC
- Cheryl A. Falvey -
- John Gibson Mullan
- Director, Office of Compliance & Field Investigations
- Lowell F. Martin -
- Robert J. Howell -
Acting Assistant Executive Director, Office of Hazard Identification
While many key points
were explained, there are still many unresolved questions.
Intertek will keep you updated as we get official responses
by Acting Chairman Nancy Nord:
Acting Chairman Nancy
- CPSIA enhances recall
- It assists in product
- It increases penalty
- It targets children's
- There are approximately
40 new rule-makings in the legislation
- CPSC has ambitious
time-line for rule making
- CPSC has stated that
no new resources will be added currently (appropriation
process has been initiated by CPSC including budget amendment
with 35% increase in budget for 2009)
- CPSC recognizes that
CPSIA is an "incredibly complex" law
- CPSC also does not
know full impact of the law
What is a children's
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
- how the product is
- 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
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:
|Cribs and pacifiers
|Lead in children's
walkers, & jumpers
|| March 2009
|300 ppm lead
content in substrates
|| August 2009
CPSC Children's Product safety rules
|| June 2009
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.
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.
- 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.
- 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.
for Toy and Game Advertisements:
On September 23, 2008,
CPSC staff published the draft briefing package on Notice
of Proposed Rulemaking for Section 105 of CPSIA "Labeling
Requirement for Toy and Game Advertisements" http://www.cpsc.gov/library/foia/foia08/brief/toygameads.pdf.
- 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.
The cautionary statements
required by Section 105 of the CPSIA must be prominently displayed
in a manner consistent with 16 CFR part 1500 (16 CFR 1500.121).
Additional requirements for advertisements in printed materials
and the internet are provided below:
- Catalogues and other
- The cautionary
statements be the larger of:
- A certain
minimum type size based on the size of the advertisement
(but no smaller than 0.08 inches) or
- The size of
the largest text in the advertisement that describes
the function, use, or characteristics of the toy
or game being advertised, other than the product
- Abbreviated versions
of required warnings may be permitted in individual
product advertisements in catalogues or other printed
materials, provided that they are defined with the full
warning at the bottom or top of each page of the catalogues
or other printed materials containing these abbreviated
- Internet advertisements:
- The cautionary
statements must be at least equal to the size of the
largest text in the advertisement that describes the
function, uses or characteristics of the toy or game
advertised, but no smaller than 0.08 inches.
- Cautionary statements
must be located immediately before any other statements
in the advertisement that describe the function, use,
or characteristics of the toy or game being advertised.
- Abbreviations of
cautionary statements are not permitted.
For more information about
product safety, you may ask Intertek expert by filling in