STR’s U.S Consumer Product Safety Improvement Act of 2008 (CPSIA) list of Frequently Asked Questions (FAQ) represents actual questions received from STR clients, and the responses provided herein are based upon the best and most current information and Consumer Product Safety Commission (CPSC) guidance available. These FAQs are provided here to assist our clients in gaining a greater understanding of the complex provisions of this new law and to ease their ongoing efforts toward full compliance.
SECTION 101 - LEAD
Q1: Will the CPSC enforce the <90ppm lead requirement for general consumer products?
A1: The CPSIA amends the limit for paint, toys and children’s products and furniture. The scope of the ban on lead-containing paint, 16 CFR 1303, does not change. STR does recommend compliance of all consumer products.
Q2: Would jewelry which is marketed to adults but which contains “child-like” graphics on it need to be tested?
A2: We recommend that such jewelry meet the lead content requirement along with lead in accessible surface coatings. If not specifically intended for children, toy testing would not be required, although we always recommend no sharp points/edges as received.
Q3: Is the CPSC’s Interim Enforcement Policy for Children’s Metal Jewelry Containing Lead (effective 2/3/05) still in force in light of the enactment of the CPSIA?
A3: Currently the interim policy for children’s metal jewelry is still being enforced. The CPSIA requirements for lead become effective in the near future (600 ppm on 2/10/09). At the time the requirements become effective they will replace the metal jewelry policy and we will no longer consider total and extractable quantities. Enforcement will be based only on total lead.
Q4: Would the hardware on children’s furniture, such as brass handles and knobs, need to comply with the lead limits to be phased in under CPSIA?
A4: The lead rule is for all children’s products. The hardware on a child’s dresser would be an accessible component of a child’s product so it would be subject to the lead rule.
Q5: Since plastic sippy cups and related plastic food contact items for children are tested for extractables--which are an indication of whether there is lead in the substrate material--will the lead in substrate test still be required?
A5: Plastic sippy cups are considered children’s products and need to meet total lead in substrate material requirements, along with the applicable FDA extraction. These are two different tests looking for two different things. The FDA extractions for plastic under 21 CFR do not look specifically for lead but rather total amount of extractable chemicals.
Q6: Are stickers exempt from lead in substrate requirements if they are considered arts & crafts items? What if they are simply stickers and not part of an art kit?
A6: Stickers are typically intended for children and would therefore be subject to the requirements under CPSIA. Children’s arts & crafts kits are not exempt from this regulation. They are, however, exempt from ASTM F 963.
Q7: On a stuffed toy that is produced in one production lot, there is embroidery work done separately on a panel of the stuffed toy that is unique to various retailers. Does the entire toy need to be tested in its finished form, with the unique embroidery thread used for each retailer included in that testing, or can the toy be tested once, and only the various colors of thread be tested on the finished product?
A7: The finished product needs to be tested, rather than the components prior to assembly. However, once you have tested that component on the first finished product, you should not need to test it again and again but rather can refer to the previous testing. So it's not component testing but rather finished product testing that avoids duplicate testing of same materials or components.
Q8: Do garment labels need to be tested to the lead requirements?
A8: The CPSIA requires lead content compliance of all accessible materials on children’s products. This would include the accessible label. Note that this could change should the CPSC decide to exempt certain materials from lead testing. Until such a decision is made, all accessible materials would have to be tested to confirm compliance. If identical labels (same manufacturer, identical materials) are used in more than one garment, we would not have to duplicate the testing as long as you have the traceability that the labels are identical.
SECTION 102: MANDATORY THIRD-PARTY TESTING
Q1: What products require a General Certificate of Conformity?
A1: Any consumer product subject to a consumer product safety rule under CPSIA or subject to any other existing rule, ban, standard or regulation under any other act enforced by the CPSC requires a General Certificate of Conformity. This includes, but is not limited to, the Federal Hazardous Substances Act (FHSA), the Flammable Fabrics Act (FFA), and the Consumer Product Safety Act (CPSA).
Q2: Is the General Certificate of Conformity required only for imported products?
A2: No, both imported and domestic products are subject to the General Conformity Certification requirement.
Q3: Is a General Certificate of Conformity required for products shipped as of 11/12/08, imported as of 11/12/08, or manufactured as of 11/12/08?
A3: The certificate is only required for products manufactured on or after 11/12/08.
Q4: Who must issue the General Certificate of Conformity?
A4: In the case of imported product, the importer must issue the certificate. In the case of domestically produced product, the domestic manufacturer must issue the certificate. Neither foreign manufacturers nor private labelers (foreign and domestic) are required to issue the certificate nor do they need to be identified on the certificate.
Q5: Who is responsible for maintaining the test result records upon which the General Certificate of Conformity is based?
A5: The CPSIA does not specify who should maintain these records, but the law does state that the contact information for the individual responsible for maintaining the records be included on the certificate.
Q6: If I am shipping products through a U.S. port, but the products will only be stored temporarily at a bonded warehouse for later shipment to Mexico (i.e., they are simply “passing through the port”) are the products required to have a General Certificate of Conformity just to be warehoused here temporarily?
A6: The CPSIA states that every product which is imported for consumption or warehousing or distributed in commerce must have a General Certificate of Conformity. Unless the CPSC issues an exemption, products temporarily warehoused in a U.S. port would require a certificate. We have submitted this question to the CPSC for further clarification and guidance.
Q7: Do ceramic ware and glassware fall solely under FDA regulations, or are there any applicable CPSC regulations which would mandate a Certificate of Conformity for them?
A7: Only ceramic ware and glassware intended for children 12 and under would require a Certificate of Conformity.
Q8: Do 100% cotton clothing items for babies under nine months of age require a Certificate of Conformity? Our products have no small parts or sharp edges, so would flammability be the only possible concern?
A8: Baby clothing, even for children up to six months of age, does require compliance to 16 CFR 1610, Standard for the Flammability of Clothing Textiles. While children’s sleepwear items for children less than 9 months of age are exempt from testing according to 16 CFR 1615, they do still require compliance to the 16 CFR 1610 standard. Certain fiber contents and certain fabric weights are exempt from the 1610 flame test, but these items are still covered under the scope of 16 CFR 1610, which is part of the Flammable Fabrics Act. So whether or not actual flame testing is required, a Certificate of Conformity is still required. Because these are children’s products, in addition to certifying compliance to the Flammable Fabrics Act, you would need to certify that these products comply with the new lead content requirement of 600 ppm total lead in any accessible substrate material as of February 10, 2009. (In August of 2009, that limit decreases to 300 ppm.) The requirement applies to products sold as of February 10, 2009 – even if manufactured before that date. Many companies are now testing products that they have in inventory to determine if they can be distributed when the February requirement is effective. At this time, there are no material exemptions from the lead content requirement, and so all children’s products sold as of February 10, 2009, must be certified for compliance to the CPSIA lead content requirement (in addition to the flammability regulation mentioned above).
SECTION 103 - TRACKING LABELS
Q1: When will the tracking labels requirement be effective, and is it applicable to products in inventory?
A1: The tracking label requirement is effective August 14, 2009, and is applicable only to children’s products manufactured on or after that date. It does not apply to products manufactured prior to that date.
SECTION 108 - PHTHALATES
Q1: Are socks required to undergo lead and phthalate testing?
A1: Phthalates testing is not applicable to socks. Testing for phthalates is required only for children’s toys and child care articles. Lead testing is applicable to children’s socks as the lead requirement applies to all children’s products. The CPSC, to date, has not exempted any materials or products from the lead content requirement.
Q2: Is wearing apparel subject to the phthalate limits under Section 108?
A2: Children’s wearing apparel generally is not considered a toy because it is not intended to be played with by a child. Therefore, it would not be subject to the phthalate limits. In general, costumes used for theatrical productions and for Halloween are considered wearing apparel and therefore would also not be covered by the definition of children’s toy under Section 108. However, dress or play costumes sold as part of a toy set and intended to be worn during play could be considered a toy under Section 108. In addition, sleepwear and bibs for children three years of age and younger would be considered child care articles as defined under Section 108 and would therefore be subject to the phthalate limits. Such items are designed or intended to facilitate sleep and could possibly contain phthalates. Children’s rainwear made of vinyl or other plastic or plastic-like material would not be subject to the phthalates limits, as it is not considered a toy or a child care article. Adult wearing apparel, by definition, is also not subject to the phthalate limits under CPSIA.
MISCELLANEOUS
Q1: Does packaging, including polybags and the bands that wrap around socks, require CPSIA compliance?
A1: The CPSIA does not apply to packaging, unless the packaging is intended for re-use. Polybags and bands wrapped around socks are discarded once the package is opened, so these do not fall under the scope of CPSIA. However, such packaging is subject to the Model Toxics in Packaging Legislation which limits the amounts of four heavy metals (lead, mercury, cadmium and hexavalent chromium) in packaging. STR laboratories have the analytical expertise to test products to ensure that their packaging complies with these requirements.
Q2: Is flammability testing required for socks?
A2: The 16 CFR 1610 flammability regulation applies to all fabrics used in wearing apparel for both children and adults. Socks are typically exempt from flammability testing by reason of their fiber content or weight (if plain surface). Some lightweight socks, pantyhose or knee-highs, etc., would require flame testing.
Q3: Some tote bags and backpacks are clearly marketed to children and others clearly are not. Some people purchase backpacks for children that are not made for or intended specifically for children but are used by them for school. Would these be considered children’s products? How do you draw the line in terms of what is a children’s product for these types of items?
A3: If intended for use by children, tote bags and backpacks need to meet CPSIA requirements. Adult backpacks that children may use are not subject to CPSIA requirements. How and where an item is marketed—location in a store, graphics, advertising, whether a child is shown using the item in an advertisement or on a label, etc.-- all need to be considered in making the determination of whether the product is intended for a child.
Q4: Are the U.S. Virgin Islands and Puerto Rico subject to CPSIA regulations?
A4: Yes the U.S. Virgin Islands and Puerto Rico are protected by the laws of the Consumer Product Safety Commission and are therefore subject to CPSIA regulations.
Link to CPSC’s CPSIA web page:
http://www.cpsc.gov/about/cpsia/cpsia.html
Link to CPSC’s FAQs:
http://www.cpsc.gov/about/cpsia/faq/faq.html
As a CPSC accredited laboratory, STR is poised to assist our clients in complying with the new testing and certification requirements under the CPSIA. We offer analytical expertise in lead and phthalate content testing, and our hazard prevention program for toys includes comprehensive design evaluation, safety testing, audit, inspection as well as responsible sourcing services. For more information, contact us at info@STRQuality.com.