Transcript Consumer Product Safety Improvement Act of 2008

Consumer Product Safety
Improvement Act of 2008: Impact
on Children’s Books
2009 BMI Management Conference
May 5, 2009
Consumer Product Safety
Improvement Act of 2008 (CPSIA)
• Applies to any consumer products intended
primarily for children 12 or younger.
• Key areas of concern for book manufacturers:
– Lead Paint (does not apply to printed materials)
– Lead Content Limits
– Phthalates Ban
– Testing and General Conformity Certification
requirements
– Labeling
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“Total Lead” Ban
• As of February 10, 2009, it became illegal under the Act for any part of a
children’s product to contain more than 600 ppm (parts per million) total
lead content by weight.
• The total lead limit will go down to 300 ppm on August 14, 2009.
• It will fall further to 100 ppm on August 14, 2011, unless the CPSC
determines it not technologically feasible.
• Note that the limit is on total lead, not soluble lead.
• Retroactive applicability – The lead limits apply regardless of the date that
the product was manufactured (i.e., old inventory is no less subject to the
limits than products manufactured on or after the implementation dates).
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Phthalates Ban
• Phthalates are certain acidic substances added to
plastics to increase their flexibility.
• The Act permanently bans the phthalates DEHB, DBP,
and BBP in concentrations of more than 0.1% in
children’s toys or child care articles.
• Pending further study, the CPSIA imposes an interim
ban on the phthalates DIND, DIDP, and DnOP in
concentrations of more than 0.1% in child care articles
or toys that can be “placed in the mouth” within the
meaning of the Act.
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Labeling
• Children’s Products manufactured after August 14,
2009 must have the following information (or be able
to ascertain the following information):
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Manufacturer Name
Location of manufacture
Date of Manufacture
Print run
• Task force headed by AAP and BMI is trying ensure
flexibility in compliance.
BMI Response
• Organized task force with the Association of American
Publishers. Many leading book manufacturers
(including RR Donnelley, Quebecor and Courier) and
the largest publishers are active participants.
• Lobbied CPSC and Congress for relief.
• Test results on RRD website – still need more
• Obtained relief from phthalates ban for “ordinary
books”
• CPSC has delayed the testing and certification
requirements for one year – until February 10, 2010.
Products manufactured before then are not subject to
these requirements, with certain exceptions (such as
third-party testing for lead in paint).
• Bans and other safety requirements are still in place.
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Children’s Books with Inherent Play
Value
• Although “ordinary books” are exempted, the
permanent phthalates ban does apply to books that
have some inherent play value and constitute toys or
have toy-like features.
• Examples - a book for use in a bathtub or a book that
can be cut into paper dolls.
• Children’s books constituting “toys that can be placed
in the mouth” would also be subject to the interim
ban. More guidance from the CPSC is needed as to
what this term means.
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General Conformity Certificate (GCC)
• Will be required after February 10, 2010
unless permanent relief is obtained for books
and printed materials.
• Must be issued by the importer (when the
product is made outside the U.S.), or the
manufacturer in the case of products made
within the U.S.
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What Must be Included in the GCC:
• See the form developed by BMI and the task force participants.
• Needs to include:
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Each product safety regulation certificate covers.
Identification of the importer or domestic manufacturer.
Contact information
Date and place of manufacture.
Date and place of testing.
Identification of any 3rd party testing laboratory.
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Basis for the Certification
• The GCC may be based on a test of each product
or “a reasonable testing program” prior to August
2009. In response to lobbying efforts, CPSC has
indicated that such a program:
– Does not require third party testing;
– Can be based on X Ray Fluorescence technology if
used reliably; and
– May be based on testing of all components.
• Unclear whether a reasonable testing program
will be sufficient in February 2010.
• Continue testing despite the stay.
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To Whom Must the GCC be Provided?
• The importer or domestic manufacturer must furnish the
GCC to all distributors and retailers that it deals with.
• All shipments of the product by the importer or domestic
manufacturer must be accompanied by the GCC.
• The above requirements may be satisfied through print
means, or electronic means (such as the inclusion of a
unique identifier for finding the GCC on a web site).
– Practical issues
• IT requirements
• Shipping documents
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Remember: GCCs Will Not be Required
Until Feb. 10, 2010
• GCC issuance requirements for total lead content were
scheduled to take effect on February 10, 2009. However,
on January 30, the CPSC voted to stay enforcement of lead,
phthalate, and mandatory toy standards testing and GCC
requirements for most products governed by the Act
(including children’s books) until February 10, 2010.
• The purpose of the stay is to give the Commission more
time to make various determinations that may provide
relief for certain materials and products from the lead
testing and certification requirements, as well as to provide
more guidance on when and how testing must be
conducted.
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Third Party Testing
• The Act imposes an additional third-party testing
requirement for all children’s products.
• Importers and domestic manufacturers will have
to have their products tested by accredited
independent testing labs as basis for GCC’s.
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Relief for Books – post 1985
• Retailer and Distributor remained concerned the distribution
and sale of children’s products that exceeded the lead limits
was still prohibited.
• In response to lobbying efforts by BMI, AAP, and retailers, on
February 6, the CPSC indicated it would not prosecute anyone
for manufacturing, importing, distributing, selling, or offering
for sale an ordinary children’s book printed after 1985 on the
basis that it contains more than 600 ppm lead absent actual
knowledge of a violation or after being put on notice about it
by the Commission staff.
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What do we need to do?
• The task force headed by AAP and BMI has asked the CPSC
to make a formal determination that ordinary children’s
books – as well as the component materials (paper, inks,
coatings, adhesives, and bindings) that are representative
of those used in the printing and manufacturing of ordinary
books and other paper-based, printed children’s products
(such as bookmarks, posters, flash cards, school tests, etc.)
– do not exceed the lead limits contained in the CPSIA.
– Novelty books not covered by request.
• In support of its request, the task force has supplied the
CPSC via posting on the RRD website with more than 400
test results for total lead content – over 300 test results for
different finished books, and over 150 test results for all
major types of component materials, both domestic and
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foreign, that comprise such books.
Book Industry Test Results
• The results consistently showed total lead content as
non-detectable or at around 10 ppm which, given the
limitations of the tests, is another way of showing total
lead content as non detectable (and, in any case, far
below the lowest limit prescribed by the CPSIA – 100
ppm – which will not become effective until August
2011).
• Need more data on pre 1985 books.
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Effect of a Favorable CPSC Decision
• The task force headed by AAP and BMI is currently
awaiting the Commission’s decision.
• Unclear at this stage what form the relief will take and
whether it will satisfy all constituencies:
manufacturers, publishers, retailers and consumers.
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What Individual Book Manufacturers
Should Do
• Consult your counsel.
• Submit additional testing data.
• Watch for BMI updates.
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