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CPSC Extends the Stay of Enforcement on Testing and Certification Requirements for Many Children's Products
New Flexibility Granted on Component Parts Testing Policy for Lead
WASHINGTON, Dec. 18 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission (CPSC) voted unanimously (5-0) to extend a stay of enforcement on testing and certification of many regulated children's products. While enforcement of specific CPSC testing requirements has been stayed, the products must still comply with all applicable rules and bans.
(Logo: http://www.newscom.com/cgi-bin/prnh/20030904/USCSCLOGO)
Children's Products
Categories of children's products to remain covered by the stay of enforcement include: children's toys and child care articles with banned phthalates, children's toys subject to ASTM's F-963 toy safety standard, caps and toy guns, clacker balls, baby walkers, bath seats, other durable infant products, electrically-operated toys, youth all-terrain vehicles, youth mattresses, children's bicycles, carpets and rugs, vinyl plastic film and children's sleepwear.
The stay of enforcement will remain in effect for these children's products while CPSC continues to work toward recognizing labs. Independent third party testing and certification will only be required for these categories of children's products 90 days after CPSC publishes the laboratory accreditation requirements for any individual category in the Federal Register.
Additionally, the Commission voted 4-1 to extend the stay on certification and third party testing for children's products subject to lead content limits until February 10, 2011. Under this decision, products must still meet the 300 ppm lead limit now, but certification and third party testing to show compliance will be required for all children's products manufactured after February 10, 2011. A children's product is one that is primarily intended for children 12 and younger.
The stay will end on February 10, 2010 for four children's products: bicycle helmets, bunk beds, infant rattles and dive sticks. These children's products, manufactured after February 10, 2010, will be required to have certification based on independent third party testing. The testing must be conducted by a laboratory recognized by CPSC.
Unchanged is the current independent third party testing and certification required for all children's products subject to the following consumer product safety rules:
- The ban on lead in paint and other surface coatings
- The standards for full-size and non full-size cribs and pacifiers
- The ban on small parts
- The limits on lead content of metal components of children's jewelry.
Nonchildren's Products
Under the CPSIA, different rules apply to nonchildren's products. Domestic manufacturers and importers are not required to test nonchildren's products using an independent third party lab. However, they must certify that nonchildren's products comply with applicable CPSC regulations by issuing a general certificate of conformity (GCC) based on a reasonable testing program.
A GCC will be required for some nonchildren's products manufactured after February 10, 2010. These products include: architectural glazing materials, ATVs, adult bunk beds, candles with metal wicks, CB antennas, contact adhesives, cigarette lighters, multi-purpose lighters, matchbooks, garage door openers, portable gas containers, lawn mowers, mattresses, unstable refuse bins, refrigerator door latches, swimming pool slides, products subject to regulations under the Poison Prevention Packaging Act (PPPA), paint and household furniture subject to lead paint regulations.
The Commission has decided not to require GCCs for children's products. A full list of required certifications and effective dates can be found in the chart (below). The chart shows which products remain subject to the stay of certification and which do not.
The stay of enforcement will remain in effect for certain categories of nonchildren's products including adult bicycles, carpets and rugs, vinyl plastic film and wearing apparel. General certificates of conformity are currently required for pool drain covers.
Additionally, products that require labeling under the Federal Hazardous Substances Act (FHSA) or labeling rules will not require additional certification to those regulations.
Component Testing Adds Flexibility to Compliance
Significant to domestic manufacturers, crafters and U.S. importers, the Commission has also voted unanimously (5-0) to adopt an interim enforcement policy allowing component part testing. Under this policy, domestic manufacturers and importers now have a choice in certifying their products. As before, they can send samples of the entire children's product out for independent third party testing. Now they can certify their products as meeting lead paint and lead content limits in the following ways:
Lead in Paint
- Have test reports from recognized independent third party testing labs showing that each paint on the product complies with the 90 ppm lead paint limit.
OR
- Have certificates from paint suppliers declaring that all their paint on the product complies with the 90 ppm lead limit based on testing by recognized independent third party testing laboratories.
Lead content
- Have test reports from recognized independent third-party testing labs showing that each of the accessible component parts on the product complies with the 300 ppm lead limit.
OR
- Have certificates from part suppliers declaring that all accessible component parts on the product comply with the 300 ppm lead limit based on testing by recognized independent third party testing laboratories.
Most fasteners, such as buttons, zippers, and screws, sold by themselves are not considered children's products and would not have to comply with the lead limits or be certified. However, the same fasteners must meet the lead limits if they are used on a children's product. Voluntary certification by suppliers of component parts would make them more beneficial to manufacturers who use them in children's products.
Any person who issues a false certificate is subject to penalties.
CPSC is working to provide manufacturers and importers with clarity on the Consumer Product Safety Improvement Act (CPSIA) and their responsibilities to comply with the law. The agency intends to implement the law in a firm but fair manner in order to build consumer confidence, keep children safe and keep businesses open and competitive.
While the stay of enforcement remains in effect for the certification and testing requirements for certain products, all products must comply with the safety standards and bans of the law, including the limits for lead content, lead paint, the ban on certain phthalates and the ASTM F-963 mandatory toy standard.
Non Children's
Products
General
Conformity
Certificate Children's
Rule, Standard or Ban required? Products
Certificate
based on
Third Party
Testing
required?
Yes, for
products
manufactured
after
December 21,
2008,
certification
to lower 90
ppm limit
required for
products
Lead paint on manufactured
Children's Products after August
1 (16 CFR part 1303) Not Applicable 14, 2009
--- ------------------- -------------- -------------
Full-size cribs (16
CFR part 1508) and Yes, for
non full-size products
cribs (16 CFR 1509) manufactured
and Pacifiers (16 after January
2 CFR part 1511) Not Applicable 20, 2009
--- ------------------- -------------- -------------
Yes, for
products
manufactured
after
Small parts (16 CFR February 15,
3 part 1501) Not Applicable 2009
--- ------------------- -------------- ------------
Lead in metal Yes, for
components of products
children's metal manufactured
jewelry (CPSIA after March
4 section 101) Not Applicable 23, 2009
--- ---------------- -------------- ------------
Pre-existing
labeling
requirements
never stayed,
GCC required Yes, for
for products products
manufactured manufactured
after after
Bicycle helmets (16 February 10, February 10,
5 CFR part 1203) 2010 2010
--- ------------------- ------------- ------------
Pre-existing
requirements
never stayed,
GCC required Yes, for
for products products
manufactured manufactured
Bunk beds (16 CFR after after
parts 1213 and February 10, February 10,
6 1513) 2010 2010
--- ----------------- ------------- ------------
Yes, for
products
Rattles (16 CFR manufactured
parts 1510, after
1500.18(a)(15) and February 10,
7 1500.86(a)(1)) Not Applicable 2010
--- ------------------ -------------- ------------
Yes, for
products
Dive sticks (16 CFR manufactured
parts 1500.18(a)(9) after
and1500.86(a)(7) February 10,
8 and (a)(8)) Not Applicable 2010
--- ------------------- -------------- ------------
Yes, for Yes, for
products products
manufactured manufactured
Bicycles (16 CFR after May 17, after May 17,
9 part 1512) 2010 2010
--- ---------------- ------------- -------------
Total lead content Yes, for
in metal children's products
products and in manufactured
non-metal after
children's products February 10,
10 (CPSIA § 101) Not Applicable 2011
--- ------------------- -------------- ------------
Yes, for Not Applicable
products (see "Lead
Ban on Lead-In- manufactured Paint on
Paint in paint and after Children's
on furniture (16 February 10, Products"
11 CFR part 1303) 2010 above)
--- ------------------ ------------ --------------
Requirements for
child-resistance Yes, for
on portable gas products
containers (Section manufactured
2 of the Children's after
Gasoline Burn February 10,
12 Prevention Act) 2010 Not Applicable
--- ------------------- ------------ --------------
Regulations for Yes, for
special packaging products
required under the manufactured
Poison Prevention after
Packaging Act (16 February 10,
13 CFR part 1700) 2010 Not Applicable
--- ------------------ ------------ --------------
Yes, for
products
Ban on extremely manufactured
flammable contact after
adhesives (16 CFR February 10,
14 part 1302) 2010 Not Applicable
--- ----------------- ------------ --------------
Yes, for
products
manufactured
Ban of unstable after
refuse bins (16 CFR February 10,
15 part 1301) 2010 Not Applicable
--- ------------------- ------------ --------------
Yes, for
products
Standard for manufactured
refrigerator door after
latches (16 CFR February 10,
16 part 1750) 2010 Not Applicable
--- ----------------- ------------ --------------
Carpets and rugs (16 Stayed, until
CFR parts 1630 and 90 days after
1631, except that the
the continuation of Commission
the stay of issues
enforcement does notices of
not extend to accreditation
guarantees under of
the Flammable laboratories
17 Fabrics Act) Stayed for testing
--- -------------------- ------ -------------
Stayed, until
Vinyl plastic film 90 days after
(16 CFR part 1611, the
except that the Commission
continuation of the issues
stay of enforcement notices of
does not extend to accreditation
guarantees under of
the Flammable laboratories
18 Fabrics Act) Stayed for testing
--- ------------------- ------ -------------
Stayed, until
Wearing apparel (16 90 days after
CFR part 1610, the
except that the Commission
continuation of the issues
stay of enforcement notices of
does not extend to accreditation
guarantees under of
the Flammable laboratories
19 Fabrics Act) Stayed for testing
--- ------------------- ------ -------------
Stayed, until
90 days after
the
Commission
issues
notices of
accreditation
Caps and toy guns of
(16 CFR part laboratories
20 1500.18(a)(5) Not Applicable for testing
--- ----------------- -------------- -------------
Stayed, until
90 days after
the
Commission
issues
notices of
accreditation
of
Phthalates (section laboratories
21 108 of the CPSIA) Not Applicable for testing
--- ------------------- -------------- -------------
Stayed, until
90 days after
the
Commission
ASTM F963 (Consumer issues
Safety notices of
Specifications for accreditation
Toy Safety) of
(section 106 of the laboratories
22 CPSIA) Stayed for testing
--- ------------------- ------ -------------
Stayed, until
90 days after
the
Commission
issues
notices of
Clacker balls (16 accreditation
CFR parts of
1500.18(a)(7), laboratories
23 1500.86(a)(5)) Not Applicable for testing
--- ----------------- -------------- -------------
Stayed, until
90 days after
Baby walkers (In the the
FEDERAL REGISTER of Commission
September 3, 2009 issues
(74 FR 45704), the notices of
Commission issued a accreditation
proposed rule of
pertaining to baby laboratories
24 walker standards) Not Applicable for testing
--- -------------------- -------------- -------------
Stayed, until
90 days after
Bath seats (In the the
FEDERAL REGISTER of Commission
September 3, 2009 issues
(74 FR 45719), the notices of
Commission issued a accreditation
proposed rule of
pertaining to bath laboratories
25 seats) Not Applicable for testing
--- ------------------- -------------- -------------
Stayed, until
90 days after
the
Commission
issues
notices of
accreditation
Children's sleepwear of
(16 CFR parts 1615 laboratories
26 and 1616) Not Applicable for testing
--- -------------------- -------------- -------------
Stayed, until
90 days after
the
Commission
issues
Electronically notices of
Operated Toys (16 accreditation
CFR parts of
1500.18(b) and laboratories
27 1505) Not Applicable for testing
--- ----------------- -------------- -------------
Stayed, until
90 days after
the
Commission
issues
notices of
accreditation
Durable infant of
products (section laboratories
28 104 of the CPSIA) Not Applicable for testing
--- ----------------- -------------- -------------
Certification
requirements
never stayed
for products
manufactured Stayed, until
after April 90 days after
13, 2009, the
full GCC Commission
required for issues
products notices of
manufactured accreditation
after of
February 10, laboratories
29 ATVs 2010 for testing
--- ---- ------------- -------------
Pre-existing Stayed, until
certification 90 days after
requirements the
never stayed, Commission
GCC required issues
for products notices of
manufactured accreditation
after of
Mattresses (16 CFR February 10, laboratories
30 part 1632 and 1633) 2010 for testing
--- ------------------- ------------- -------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
Architectural after
glazing (16 CFR February 10,
31 part 1201) 2010 Not Applicable
--- --------------- ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
after
Matchbooks (16 CFR February 10,
32 part 1202) 2010 Not Applicable
--- ------------------ ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
after
CB antennas (16 CFR February 10,
33 part 1204) 2010 Not Applicable
--- ------------------- ------------- --------------
Pre-existing
labeling
requirements
never stayed,
GCC required
for products
manufactured
after
Lawnmowers (16 CFR February 10,
34 part 1205) 2010 Not Applicable
--- ------------------ ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
after
Swimming pool slides February 10,
35 (16 CFR part 1207) 2010 Not Applicable
--- -------------------- ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
Candles with metal for products
wicks and metal manufactured
wicks (16 CFR after
1500.12(a)(2) and February 10,
36 1500.17(a)(13(i)-(ii)) 2010 Not Applicable
--- ---------------------- ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
after
Cellulose insulation February 10,
37 (16 CFR part 1209) 2010 Not Applicable
--- -------------------- ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
after
Garage door openers February 10,
38 (16 CFR part 1211) 2010 Not Applicable
--- ------------------- ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
after
Cigarette lighters February 10,
39 (16 CFR part 1210) 2010 Not Applicable
--- ------------------ ------------- --------------
Pre-existing
requirements
never stayed,
GCC required
for products
manufactured
Multi-purpose after
lighters (16 CFR February 10,
40 part 1212) 2010 Not Applicable
--- ---------------- ------------- --------------
Pre-existing
testing
Fireworks (16 CFR requirements
1500.14(b)(7), never stayed,
1500.17(a)(3), GCC required
1500.17(a)(8-9), for products
1500.17(a)(11-12), manufactured
1500.83(a)27, after
1500.85(a)(2) and February 10,
41 part 1507 2010 Not Applicable
--- ------------------ ------------- --------------
42 FHSA labeling Not required Not required
--- ------------- ------------ ------------
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.
CPSC Recall Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908
SOURCE U.S. Consumer Product Safety Commission
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