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The Consumer Product Safety Improvement Act of 2008 (CPSIA) Gary Jones Director of Environmental, Health and Safety Affairs.

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Presentation on theme: "The Consumer Product Safety Improvement Act of 2008 (CPSIA) Gary Jones Director of Environmental, Health and Safety Affairs."— Presentation transcript:

1 The Consumer Product Safety Improvement Act of 2008 (CPSIA) Gary Jones Director of Environmental, Health and Safety Affairs

2 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

3 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!!!

4 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.

5 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

6 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

7 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”

8 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

9 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

10 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

11 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

12 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

13 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

14 Lead Determinations No longer require testing  Paper  Any product printed with four color process inks (CMYK)  Any product coated with varnish, water-based, or UV- cured coatings  Threads used for book binding  Animal based glues  Adhesives that are not accessible*  Binding materials that are not accessible* Still require testing  Spot or PMS inks  Saddle stitching wire  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

15 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.

16 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”

17 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

18 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

19 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

20 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

21 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.

22 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

23 CPSIA Next Steps  Task force analyzed Aug 09 CPSC determination  Test data alone is not sufficient  CONEG is not sufficient – no 3 rd 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

24 Thank you for listening! Gary A. Jones Director, Environmental Health, & Safety Affairs (412) 259-1794

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