Transcript The U.S. Consumer Product Safety Commission

Hank Tapy, Director, Western Region
Import Surveillance
U.S. Consumer Product Safety Commission
This presentation has not been reviewed or approved by the Commission
and may not reflect its views
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Outline of Session
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CPSC Background
Products Under CPSC Jurisdiction
Major Requirements of the Consumer Product
Safety Improvement Act (CPSIA)
General Conformity Certification and Third Party
Accreditation
Enforcement
Avoiding the Pitfalls that could delay entry
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Background
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Independent Federal Agency 1973
Headed by 5 Commissioners (1 Chair)
Approximately 400 staff total
Annual Budget ~$100M
3 main Sections of the Agency
Office of Compliance and Field Operations
Division of Import Surveillance (Feb 2008)
 Compliance Officers (Subject Matter Experts)
 Field Investigators
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Jurisdictional Authority Many Acts
Consumer Product Safety Improvement Act
(CPSIA)
 Consumer Product Safety Act (CPSA)
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Lighters
Federal Hazardous Substances Act (FHSA)
 Flammable Fabrics Act (FFA)
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Sleepwear/mattresses
Poison Prevention Packaging Act (PPPA)
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Dietary Supplements, Packaging
Refrigerator Safety Act (RSA)
 Virginia Graham Baker Pool and Spa Act
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CPSC Does NOT Have Authority
Over
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Tobacco products
Medical Devices
Food and Drugs
Boats or Motor Vehicles or Aircraft
Firearms
Pesticides
Workplace products
Alcohol
Definition of a Consumer Product
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Any article or component of an article which is
customarily produced or distributed for sale to or for
the personal use, consumption, or enjoyment of
consumers in a residential, school, recreational or other
environment. It does not include a product intended
for commercial or industrial use, unless it is sold to or
used by consumers more than occasionally.
Definition of Durable Infant or
Toddler Product
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Intended for use, or reasonable expected to be
used by children under the age of 5.
Cribs
 Toddler beds
 High chairs, booster seats and hook on chairs
 Bath seats
 Gates and other closures for confining a child
 Play yards
 Stationary activity centers
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Durable Products Continued
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Infant Carriers
Strollers
Walkers
Swings
Bassinets and cradles
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What’s New
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Laboratory
New Public Database
GAO Report
Generic Defect Rules
Targeting Center
Penalties
Public Notice of Violations
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Laboratory
August 2010 – New Lab will be completed
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CPSC – Rockville
Modern, purpose built facility
Local storage of samples
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Public Database
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OMB released $8M in FY09
CPSC plan goes beyond merely making
consumer complaints public
March 2011 completion date for public portal
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GAO Report
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Recognized that CPSC has limited staff at the
ports of entry
Three recommendations
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Implement key provisions of CPSIA
Update agreements with CBP
Update strategic plan
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Generic Defect Rules
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Section 223(a) of CPSIA
Allows commission, by rule, to define the
presence or absence of certain characteristics as
a defect for a class of products
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CTAC
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Commercial Targeting Analysis Center
Operated by CBP
Staffed by CBP, CPSC, and other agencies
responsible for import safety
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Penalties
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Record number of firms agreed to civil penalties
in FY2009
Closing in on record amount for civil penalites
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Penalty Issues
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Increase in potential penalties for violations
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Public Notice of Violations
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CPSIA Focus
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Children’s Products
Lead
 Phthalates
 Certification
 3rd Party Testing
 Tracking Labels
 New standards for durable nursery products
 Product Registration Cards
 Mandatory Toy Standards
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New Lead Content Limits
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300ppm
Retroactive
Must be Accessible
Interim final rule exempting certain electronics
Exclusions
Stays of Enforcement
Periodic Review of Standard
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New Lead Paint Standard
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90ppm
Retroactive
Standard applies to same items as previously
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Lead Screening
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XRF used in field to screen for lead
Highly accurate in screening homogenous plastic
materials
Demonstration
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Anyone have an item that they would like tested?
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Phthalates
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What are Phthalates?
Permanent Ban
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Interim Ban
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DEHP
DBP
BBP
DINP
DIDP
DnOP
Revised lab test
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Certification
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Certification generally means vouching that a
product complies with a certain requirement,
such as a government standard
Sometimes called a “supplier’s declaration of
conformity”
May or may not involve any test laboratory
May or may not involve a label on the product
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What Are “Similar” Rules?
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CPSA standards and bans; not section 27 rules
FHSA bans and requirements adopted by
Commission, not bans solely by definition
FHSA labeling rules for specific products
FFA standards
PPPA “special packaging” standards
RSA standard for refrigerators
Generic Defect Rule
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Who Must Certify?
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“Every manufacturer” of a product that is
subject to a consumer product safety rule or
similar rule, ban, standard or regulation and
which is “imported for consumption or
warehousing” or “distributed in commerce”
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Certification vs. Compliance
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Certification does not exempt any product
from the requirement to comply with an
applicable rule, standard, ban or regulation.
Manufacturers (including importers), distributors
and retailers must report to the CPSC
immediately if they learn that one of their
products fails to comply with an applicable
consumer product safety rule or “any other rule,
regulation, standard, or ban” under the CPSA or
any other Act enforced by the Commission.
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Are All Imports Covered?
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Certification is required for products that are
“imported for consumption or warehousing”
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What Testing Is Required
As a Basis for Certification?
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Certification must be based on a test of each
product or upon a reasonable testing program
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Content of Certificates
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Certificates must
identify the product, manufacturer (importer) or
private labeler issuing the certificate, and any third
party on whose testing the certificate depends, by
name, address and phone number
 Must spell out the date and place where the product
was manufactured and date and place of testing
 Must show contact information for person
maintaining test records
 Must specify each applicable standard, ban, etc.
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Availability of Certificates
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Certificates must “accompany” each product or
shipment of products covered by the same
certificate
A copy of the certificate must be “furnished to
each distributor or retailer of the product” (no
requirement to provide to ultimate consumer)
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Not necessarily a paper copy
A copy of the certificate must be made available
to the Commission and Customs upon request
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Certification at the Ports
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There is currently no requirement to file a
certificate with CBP or any government agency
as part of the entry process or otherwise
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Certification Violations
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CPSA Section 19(a)(6) makes it unlawful for any
person either:
 to fail to furnish a certificate required by
section 14; or
 to issue a false certificate if the issuer in
exercise of due care has reason to know it is
false or misleading in any material respect
Knowing violations of section 19 are subject to
civil penalties; knowing and willful violations
could lead to imprisonment
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Third-Party Testing
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For children’s products, certification will have to
be based on testing by an independent, thirdparty laboratory that is accredited under rules
issued by the Commission
The Commission must promulgate rules over
time to give greater specificity to the
requirements for third-party testing
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Laboratory Accreditation
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Baseline Accreditation
ISO 17025, specific scope
 ILAC recognized
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Proprietary Labs
Government Labs
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Is Third-Party Testing Required for
All Children’s Products?
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The requirement for third party testing applies
to every children’s product that is subject to a
“children’s product safety rule”
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Products Currently Requiring
Certificates
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Adult ATV’s (GCC)
Children’s Products (3P)
Lead Paint
 Lead Content in Children’s Jewelry
 Cribs
 Pacifiers
 Small parts
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Products Requiring Certificates
Manufactured after
February 10, 2010:
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Bicycle Helmets (GCC/3P)
Bunk Beds (GCC/3P)
Rattles (3P)
Dive Sticks (3P)
Portable Gas Containers (GCC)
Special Packaging subject to the Poison
Prevention Packaging Act (GCC)
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Products Requiring Certificates
Manufactured after
February 10, 2010:
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Ban on Extremely Flammable Contact
Adhesives (GCC)
Ban on Unstable Refuse Bins (GCC)
Standard for Refrigerator Door Latches (GCC)
Mattresses (GCC)
Architectural Glazing (GCC)
Matchbooks (GCC)
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Products Requiring Certificates
Manufactured after
February 10, 2010:
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CB Antennas (GCC)
Lawnmowers (GCC)
Swimming Pool Slides (GCC)
Candles with Metal Wicks (GCC)
Cellulose Insulation (GCC)
Garage Door Openers (GCC)
Cigarette Lighters (GCC)
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Products Requiring Certificates
Manufactured after
February 10, 2010:
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Multi-purpose Lighters (GCC)
Fireworks (GCC)
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Products Requiring Certificates
Subject to Stays of Enforcement:
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5/17/2010: Bicycles (GCC/3P)
2/10/2011 Lead content in Children’s
Products (3P)
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Stays of Enforcement until 90
Days After List of Accredited
Laboratories is Issued:
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Carpets and Rugs (3P)
Vinyl Plastic Film (3P)
Wearing Apparel (3P)
Caps and Toy Guns (3P)
Phthalates (3P)
ASTM F963 Toy Standard (3P)
Clacker Balls (3P)
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Stays of Enforcement until 90
Days After List of Accredited
Laboratories is Issued:
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Baby Walkers (3P)
Bath Seats (3P)
Children’s Sleepwear (3P)
Electronically Operated Toys (3P)
Durable Infant Products (3P)
Children’s ATVs (3P)
Children’s Mattresses (3P)
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Tracking Labels
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Required on children’s products
Requires permanent mark on product and
packaging
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Standards for Durable Infant &
Toddler Products
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Most will become effective in 2011.
First standards
Baby Walkers
 Bath Seats
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Product Registration Cards
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For durable infant and toddler products
Effective Date: 6/28/2010
Will apply to 12 products initially:
Cribs
Toddler Beds
High Chairs/Booster Chairs
Bath Seats
Gates & Other Enclosures
Play Yards
Stationary Activity Centers
Infant Carriers
Strollers
Walkers
Swings
Basinets & Cradles
6 Additional products to be added 12/29/2010
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Mandatory Toy Standard
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ASTM F963
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Refusal of Admission
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Products refused admission under Section 17
(a)(2) of the CPSA must be destroyed unless
the Secretary of Treasury permits export
All expenses of destruction (including salaries,
travel, per diem, etc) shall be paid by the owner
or consignee
If expenses of destruction are not paid, they
become a lien against future imports by the
same owner or consignee.
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Prohibited Acts Sec. 216
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Sale of a Recalled Product
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Also applies to voluntary corrective action taken
with the manufacturer jointly with CPSC
Use of a registered safety certification mark
owned by an accredited conformity assessment
body. (UL,ASTM,etc.)
Misrepresentation to CPSC in the course of an
investigation
Exporting banned products unless made solely
for export
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Enforcement
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Yearly Programs Coordinated with CBP for
routine enforcement of Mandatory standards
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Rule sets developed in partnership with CBP
Local Operations formulated based on port
specific activity
Targeted Exams
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How are potential violations
investigated?
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Common Sense Approach
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Counterfeit versus Safety Defect
Pre-screening of products containing lead for
rapid decision making of shipment
Importer Inspections (sometimes jointly with
CBP)
Domestic visits to retailers, wholesalers and
consumers
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Avoiding the Pitfalls that could
Delay Entry
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Make certificates readily available
Ensure goods are classified appropriately
Include product detail on invoice
If importing ATV’s have a CPSC approved
action plan on file
Make sure 3rd party testing body is accredited by
CPSC
Sign up for ISA
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Pitfalls Continued
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Ensure the correct citation to each CPSC
product safety regulation or statutory
requirement to which the product is being
certified on the certificate.
Don’t import children's upper and outerwear
with drawstrings.
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Children’s Jewelry
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Same relevant factors as any other children’s
article
Lead content < 300ppm
Certificate of Conformity
Tracking Label
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Rules of Thumb
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Bracelets
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Pins
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Small in size; brightly colored; backing not relevant
Necklaces
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Simple post and clutch backing
Earrings
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Elastic; less than 6 ¾” in length
Less than 16” in length (12” up to age four)
Rings
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Less than ¾” (sizes 3-5)
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Questions?
Getting the most up-to-date information: GO TO
www.cpsc.gov under CPSIA legislation
Hank Tapy, Director, Western Region
(636) 536-0567
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