Update on the CPSIA & Certification Rule
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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