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What
is the
timeline
for
CPSIA?
Public Law 110-314 - CPSIA
Stay - Feb 2009
Revised Stay - Dec 2009
Interim Policy - Dec 2009
1500.87 Inaccessible Parts
1500.88 Electronic Devices
1500.91 Inherently Below
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CPSIA is short for
the US Consumer Product Safety
Improvement Act of 2008: |
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The law itself is
published in Title 15 (commerce and trade) of the
United States Code (USC) |
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Regulatory guidance is
published in Title 16 (commercial practices) of the
Code of Federal Regulations (CFR) |
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Administration
is
by the Consumer Product Safety Commission (CPSC) which provides
extensive information on its website
www.cpsc.gov |
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There are two
separate enforcement issues for CPSIA: |
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When
the products themselves must meet
CPSIA standards for lead paint, lead content,
phthalates and toy safety |
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When
the manufacturer's certificate of compliance (CofC) must be
based on third-party testing by an
accredited lab (children's products only) |
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Standards are enacted for different classes of products, largely
based upon the age of the intended user: |
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Children's products - products
intended for use by children 12 years or younger; excludes
products intended for use by all ages and educational materials
with a functional purpose (e.g. chemistry sets, electronics
kits) |
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Children's toys - products intended
for use in play by children 12 years or younger |
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Child care articles - products that
facilitate sleep, feeding, sucking or teething for children 3
years or younger |
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Durable nursery product - cribs, beds, high chairs, booster chairs, bath seats, gates,
activity centers, infant carriers, strollers, walkers and swings
intended to be used by children under 5 years |
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The
requirements for the products themselves
have not changed. Products imported, sold or distributed in the
US must comply with CPSIA standards by the original date
(manufacturing date of product is not a factor): |
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February 10, 2009: |
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Lead content: 600 ppm for children's
products |
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Phthalates:
1,000 ppm (0.1%) for children's toys & child care articles |
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ASTM
F963-07 safety standard for children's toys
includes: |
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Lead in paint: 600 ppm |
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Soluble lead (Pb): 90 ppm |
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Soluble antimony (Sb): 60 ppm |
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Soluble arsenic (As): 25 ppm |
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Soluble barium (Ba): 1,000 ppm |
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Soluble cadmium (Cd): 75 ppm |
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Soluble chromium (Cr): 60 ppm |
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Soluble mercury (Hg): 60 ppm |
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Soluble selenium (Se): 500 ppm |
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August 14, 2009: |
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Lead paint:
90 ppm (0.009%) for paint "sold as such", household
furniture and children's products |
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Lead content: 300 ppm for
children's
products |
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Tracking labels required for
children's products |
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August 14, 2011: |
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Lead content:
100 ppm for children's
products (CPSC will set alternate limit if 100 ppm is not technically
feasible for the product) |
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Third-party testing of children's products
has been repeatedly
delayed
by the need for CPSC
to develop final rules concerning safety standards, test
methods, accreditation of test labs, and similar complex issues. Third-party testing is required for
the following children's products manufactured after these dates: |
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December 21, 2008: |
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Children's products
with paint: 600 ppm lead
paint |
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March 23, 2009: |
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Children's
metal jewelry: 600 ppm lead content |
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August 14, 2009: |
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Children's products
with paint: 90 ppm lead
paint |
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Children's
metal jewelry: 300 ppm lead content |
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February 10, 2011: |
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All other
children's products: 300 ppm lead content |
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Stay is ongoing: |
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Children's toys/child care articles:
1,000 ppm (0.1%) phthlates
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Children's toys: ASTM F963 safety standard includes |
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90 ppm soluble lead (Pb) |
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60 ppm soluble antimony (Sb) |
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25 ppm soluble arsenic (As) |
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1,000 ppm soluble barium (Ba) |
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75 ppm soluble cadmium (Cd) |
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60 ppm soluble chromium (Cr) |
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60 ppm soluble mercury (Hg) |
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500 ppm soluble selenium (Se) |
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CPSC has issued
the following guidance on lead content limits in children's products: |
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Inherently below (any children's
product): some materials
by their nature never exceed the lead content limits; testing is
not required for materials listed in 16 CFR 1500.91 |
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Inaccessible
parts (any children's product): lead limits do not apply
to parts that are not physically accessible to a child;
component must be covered by sealed covering or casing (paint, coatings and
electroplating are insufficient) |
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Part must
remain physically inaccessible to the child during reasonable
use and abuse (includes swallowing and breaking but not
intentional disassembly by an older child) |
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Third-party
testing of inaccessibility is not required |
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Replaceable parts (children's
electronics only): lead content limits do not apply to removable
or replaceable components (such as battery packs and light
bulbs) if they are inaccessible when installed in the product
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Exemptions
for lead (children's electronics, bicycles and ATVs) are granted
when full compliance is not technologically feasible |
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There are two
types of certificates of compliance for CPSIA: |
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General conformity certification |
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Required for consumer products that are not children's
products and for children's products prior to the effective date
for third-party testing |
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Must be based
upon a "reasonable testing program" by the manufacturer (may be
completely in-house) |
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Third-party testing and certification |
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Required for children's products once the effective date for
third-party testing is reached (see above) |
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Testing must be
performed by an ISO 17025:2005 certified lab that is registered
with CPSC (in-house labs must be fire-walled) |
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Manufacturer
may rely upon the certificate from another
person if that certificate is based upon test results
from a recognized third-party lab (no need to duplicate testing
within the supply chain) |
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General conformity certification
is required
for these consumer products that are not children's products: |
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February 10, 2010: |
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Paint
"sold as
such" (90 ppm lead) |
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Furniture
articles with paint (90 ppm lead) |
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This summary of
CPSIA is designed to
provide you with an accurate, easy-to-understand overview of the
topic. However: |
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We have not attempted to cover the
implementation issues that need to be addressed at your
company or in your supply chain. For this type of assistance,
please
email
or
call us at 972-679-8996 to inquire about our services. |
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This summary
does not
constitute legal advice. The actual standard in the original language
should be reviewed and used for all business, legal, and product
compliance purposes. |
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RSJ
Technical Consulting
PO Box 867705, Plano, Texas 75086 |
