Transcript Update on the CPSIA & Certification Rule

The Consumer Product
Safety Improvement Act of
2008 (CPSIA)
Gary Jones
Director of Environmental, Health and Safety
Affairs
Today’s Agenda
 Introduction and Background
 Key Definitions
 Lead and Phthalate Limits
 Testing and Certification
 Tracking Labels
 Component Exemptions
 Testing and Certification Rules
 Advocacy
 Next Steps
Introduction
 New legislation signed into law August 14, 2008
 Consumer Product Safety Improvement Act (CPSIA)
 Under the jurisdiction of the Consumer Product
Safety Commission (CPSC)
 Establishes lead and phthalate limits in
children’s products, toys, and child care articles
 Establishes testing and certification requirements
 Delayed until February 10, 2011!!!
 Establishes tracking and labeling requirements
 Became effective August 14, 2009!!!
Key CPSIA Definitions
 “Children’s Product” – a consumer product designed or
intended primarily for children 12 years of age and
younger.
 “Children’s Toy” – a consumer product designed or
intended by the manufacturer for a child 12 years of age
or younger for use when the child plays
 “Child Care Article” – a consumer product designed or
intended by the manufacturer to facilitate sleep or the
feeding of children age 3 and younger, or to help such
children with sucking or teething.
CPSIA Lead Limits (Section 101)
 Lead limits for “Children’s Products”
 Product total lead content limit:
 300 ppm as of August 14, 2009
 100 ppm on August 14, 2011, if technologically possible
 Printing ink and other input materials are included
as they are used in “Children’s Products”
 Printing ink is not “lead paint” under lead paint limits
CPSIA Phthalate Limits (Section 108)
 Phthalates are “plasticizers”
 Make plastics soft
 Bans on use in children’s toys & child care articles
 Permanent ban
 Products may not contain more than 0.1% DEHP, DBP, BBP
 di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or
benzyl buty phthalate (BBP)
 Interim ban
 Products may not contain more than 0.1% DINP, DIDP, DnOP
 diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-
octyl phthalate (DnOP)
 Applies only to Children’s toys that can be placed in the mouth and
child care articles
CPSIA Certification & Testing (Section 102)
 Certification based on Third Party Testing
 Required beginning February 10, 2011
 Applies to lead content and phthalates
 Certifications currently required for lead paint
 Requires testing of finished product by accredited
third party laboratory
 Component testing allowed for certain input materials and
plastic parts
 Testing based on “sufficient samples of children’s
product, or samples that are identical in all material
respects to the product”
 Certification issued by “manufacturer”
CPSIA Certification & Testing (Section 102)
 CPSIA certifications
 Required before product is imported “for consumption
or warehousing” or “distributed in commerce”
 Certifications must include
 Identification of product tested
 Identification of appropriate CPSC standard certified
 Identification of manufacturer and/or importer
 Date and place of manufacture
 Date and place where product was tested
 Identification of third-party laboratory
 Contact information for individuals responsible for
maintaining testing records
CPSIA Tracking Labels (Section 103)
 Began August 14, 2009
 Manufacturers required to place “permanent,
distinguishing marks” on children’s products and
packaging.
 Required Information
 Manufacturer
 Location and date of production
 “Cohort” information such as batch, run number, etc,
and any other identifying characteristics needed to
ascertain the source of the product
Tracking Labels (Section 103)
 No uniform one-sized fits all system
 “Label” vs. “distinguishing marks”
 Commission does not require a singular collection of
information in one discrete location
 Information must be “ascertainable”
 Does not require codes, formats or
numbering systems
 Marking the product and its packaging
 In certain circumstances marking only the packaging
will be acceptable
Children’s Product Definition
 Finalized October 14, 2010
 Added definition for “General Use Products”
 Products not designed or intended primarily for the
use by children 12 years of age or younger
 Examples include candles, fireworks products with child
resistant features - gasoline containers lighters
 “For Use” Definition
 A child 12 years of age or younger will physically
interact with the product based on reasonable
foreseeable use of it
 Children’s Product Definition
 Product designed or intended primarily for children 12
years of age or younger
 Four factors to be used
Children’s Product Definition
 Manufacturer’s statement about intended use of
the product including a product labels
 Product use statement should be consistent with
expected use patterns
 Product represented in its packaging, display,
promotion or advertising as appropriate for use
by children 12 years of age or younger
 Product is commonly recognized by consumers
as being intended for use by a child 12 years of
age or younger
 Commission’s Age Determination Guidelines
 Issued in 2002
Lead Determinations
 Final Rule Issued August 26, 2009
 Paper, certain printing inks, and other input
materials determined by the Commission not to
exceed 100 ppm of lead.
 No longer subject to Section 101
 No section 102 certification required for products
made exclusively from exempt components
 Additional work on the issue continuing
Lead Determinations
No longer require testing Still require testing
 Paper
 Spot or PMS inks
 Any product printed with four
 Saddle stitching wire





color process inks (CMYK)
Any product coated with
varnish, water-based, or UVcured coatings
Threads used for book
binding
Animal based glues
Adhesives that are not
accessible*
Binding materials that are not
accessible*
 Non-animal based glues




that are accessible*
Metal coils both coated and
uncoated for coil bound
materials
Plastic coils for coil bound
materials
Foils used in foil stamping
Laminates
*CPSC has specific rule on accessibility
Testing and Certification Rules
 Proposed May 20, 2010
 Two separate rules proposed
 Product Testing = aka “15 month rule”
 Component Testing
 Comments submitted August 3, 2010 by Printing
Industries, BMI, AAP
 Rules address component testing, sampling,
testing frequency, undue influence, material
change, small manufacturers, and certification.
Testing and Certification Rules
 Can test either whole product non-exempt
components
 Initial testing product or a non-exempt required
 No additional testing is required until 10,000 units of
finished product are manufactured, Or
 “Material change” occurs that would affect ability of
product or non-exempt component to be in compliance
 Testing for products or non-exempt components
with more than 10,000 units will be allowed on a
yearly basis unless there is a “material change”
Testing and Certification Rules
Material Change
 Any change in the product’s design, manufacturing
process, or sourcing of component parts, that a
manufacturer using due care knows, or should know,
could affect the product’s ability to comply with
applicable rules, bans, standards, or regulations
 Product design changes include composition, interaction,
or function of all component parts
 Manufacturing process changes include new cleaning
solvents, new product molds, or new manufacturing
techniques
 Component part changes include part composition, part
supplier, or using a different part from the same supplier
Testing and Certification Rules
 Representative product or non-exempt
component testing can be used instead of testing
each product every time it is manufactured
 Representative testing only allowed if the products are
identical in all material aspects
 Developing and implementing a reasonable
testing program (RTP) will extend the testing
frequency to every two years
 RTP has 5 elements
Testing and Certification Rules
RTP Elements
 Product Specification- Product description and all
applicable rules, standards, regulations, and bans
 Certification Tests- Certification tests completes
before issuing a general conformity certificate
 Production Testing Plan-Describes what tests
must be performed at what frequency
 Remedial Action Plan-Describes steps to be taken
when samples of products/components fail a test
 Recordkeeping-General conformity certificates,
product specifications, certification tests,
compliance with production testing plan, remedial
actions
Testing and Certification Rules
Printing Industries, BMI, AAP Comments
 Allow testing of component’s components
 Mixing bases for spot or “PMS” inks
 Reaffirm “categorical” testing is allowed as
‘representative testing”
 Two color books/jobs, four color books/jobs, etc
 Reasonable Testing Program
 More flexibility on “random sampling”
 Eliminate annual staff training for undue influence
 Extend testing to every 4 years
Testing and Certification Rules
Printing Industries, BMI, AAP Comments
 Revise Compliance Certificate to make specific
product or component testing information optional
or allow the use of codes for “generic” certificate
 Lab identification, date of testing, location of testing, etc
 Allowing component certification from a supplier
to apply to all of the same material from that
supplier, not just the batch or lot tested, unless
there is a material change.
What is the Printing Industry Doing?
Advocacy Before CPSC
 Formed industry taskforce of leading
manufacturers and allied associations
 Includes PIA, AAP, BMI, MPA, AF&PA, & NAPIM
 Launched an online database to collect and
disseminate test data
 Engaged in written dialogue with CPSC
regarding need for exemptions and flexibility
 Ongoing meetings with CPSC Commissioners,
General Counsel, and Compliance Team
 January 15, 2010 Report to Congress
 Meetings with legislators and staff
 Bills introduced in 2010 to exempt books
and other printed matter
CPSIA Next Steps
 Task force analyzed Aug 09 CPSC determination
 Test data alone is not sufficient
 CONEG is not sufficient – no 3rd party testing
 Need to present technical reasons why lead can’t be
used in remaining components
 Distributed vendor request letters/phone calls
 Need to go back deep into the supply chain
 Lobby group formed to continue pressure on
Congress seeking legislative relief
Thank you for listening!
Gary A. Jones
Director, Environmental
Health, & Safety Affairs
(412) 259-1794
[email protected]
www.printing.org