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LEAD PAINT
on designated consumer products |
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90 ppm
(0.009%) - effective August 14, 2009 |
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"Paint"
includes surface coatings but excludes printing
inks, ceramic glazes and electroplating (which become part of
the substrate material) |
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Applies to
paints (sold as such) used in residences, schools, hospitals,
parks, playgrounds and public buildings, but not to paints
used on motor vehicles, boats and commercial equipment |
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Applies to
paints used on furniture articles, but not to paint used on
appliances, bathroom fixtures, built-in cabinets, window
coverings and wall hangings |
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Applies to paints used on children's products (i.e. intended for
use by children 12 years or younger) |
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Reference
15 USC 1278a in Chapter 30
(hazardous substances) |
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LEAD CONTENT in children's
products |
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600 ppm - effective February 10, 2009 |
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300 ppm -
effective August 14, 2009 |
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100 ppm -
effective August 14, 2011 |
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Applies to
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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Excludes component parts
that are inaccessible to children;
"inaccessible" means that
it has a sealed covering or casing (paint, coatings or electroplating
are not sufficient) |
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Component must
remain inaccessible to a child through "normal use and
reasonably foreseeable abuse"; dismantling by an older child
using tools is excluded |
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If limits are not technically feasible for
electronic devices with batteries, the CPSC will set requirements
for child-resistant cover or casing |
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If 100 ppm is not technically feasible for a product/product
category, the CPSC will set an alternate limit |
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Alternate lead
limits or
exemptions have been established by CPSC for
children's electronics and bicycles and youth ATVs |
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Reference
15 USC 1278a in Chapter 30 (hazardous substances) |
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PHTHALATES
in children's toys and child care articles |
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1,000 ppm
(0.1%) - effective February 10, 2009 |
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BBP - benzyl butyl phthalate
DBP - dibutyl phthalate
DEHP - di(2-ethylhexyl) phthalate
DIDP - diisodecyl phthalate
DINP - diisononyl phthalate
DnOP - di-n-octyl phthalate |
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Child
care article means a product for children 3 years or younger
that facilitates sleep, feeding, sucking or teething |
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Toy means a
product for children 12 years or younger to use in play |
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Limits for DIDP,
DINP & DnOP apply to child care articles and toys that can
be placed in
a child's mouth (excludes other toys) |
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Reference
15 USC 2057c in Chapter 47
(consumer product safety) |
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SAFETY
STANDARD for
children's toys |
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ASTM F963-07
- effective February 10, 2009 |
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ASTM (American Society for
Testing and Materials) is an international organization that
develops voluntary standards for manufacturing and trade |
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ASTM F963-07
sets safety standards in three main areas:
physical/ mechanical, flammability and toxicology/heavy metals;
it also includes requirements for safety labeling, producer
marking and packaging |
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Physical and mechanical safety
includes such things as small parts, accessible edges or points,
fasteners and folding mechanisms, cords and elastics, holes and
clearance, confined spaces, magnets, stability and torque;
special attention is given to toys for infants and toddlers |
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Toxicology testing involves two
areas: lead in paint and soluble heavy metals; the limits are |
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600 ppm - lead in paint or similar surface
coatings |
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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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Soluble heavy
metals are extracted by dilute hydrochloric acid and then
analyzed by inductively coupled plasma spectrometry |
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The ASTM
standard of 600 ppm for lead in paint became irrelevant on
August 14, 2009 when the CPSIA requirement dropped to 90 ppm
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Reference
15 USC 2056b in Chapter 47
(consumer product safety) |
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THIRD-PARTY TESTING of
children's products |
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Manufacturer's certificate of compliance
for children's products must be based on testing by an accredited laboratory |
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Labs must be
ISO 17025:2005 certified and registered with the
Commission; in-house labs must be fire-walled from rest of
company |
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Periodic testing of random samples is required; testing is required whenever there is a
material change in the product's design, manufacturing process or
sourcing of component parts |
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Certificates must "accompany" each shipment of product to retailers;
electronic certificates posted to company websites are acceptable if
they are available prior to shipment of products |
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The requirement
for third-party testing has been repeated delayed
by the need for CPSC
to develop final rules concerning safety standards, test
methods, accreditation of test labs, and similar complex issues.
The
timeline
for third-party testing is continually evolving. |
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Reference
15 USC 2063 in Chapter 47 (consumer product
safety) |
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TRACKING LABELS
on children's products |
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Effective August 14, 2009 |
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Children's products (where practicable) and their packaging must have
permanent labels with the manufacturer's name, production date and
location, and identifying cohort information (such as batch or run
number) |
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Reference
15 USC 2063 in Chapter 47 (consumer product
safety) |
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SAFETY STANDARDS
for durable nursery products |
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Applies to
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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Commission
shall promulgate consumer product safety standards (based upon
consultation and evaluation of voluntary standards) |
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Standards to be
issued beginning in August 2009 for at least two categories of durable
nursery products every six months |
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Manufacturers
must provide consumers with postage paid consumer registration
form for all durable nursery products |
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Manufacturer
must maintain a record of contact information of registered
products for at least 6 years (to facilitate safety recalls) |
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Reference
15 USC 2056a in Chapter 47
(consumer product safety) |
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Consumer Product
Safety
DATABASE |
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New database to
contain reports of harm (from consumers, health care, child
care, public safety, and other government agencies); comments
from the manufacturer; information on recalls and voluntary
corrective actions |
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Database must
be searchable and available to the public through the
Commission's website |
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Commission has
180 to submit plan to Congress and another 18 months to get
database up and running |
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Reference
15 USC 2055 in Chapter 47 (consumer
product safety) |
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PENALTIES
for violations |
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Effective August 14, 2009 |
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New civil
penalties of $100,000 for each violation (up from $5,000); New
maximum penalty of $15,000,000 for a series of related
violations (up from $1,250,00) |
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New criminal
penalties of 5 years imprisonment (up from 1 year);
Individual directors, officers or agents of a corporation are
liable (personal knowledge of noncompliance no longer required) |
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Applies to
violations of: the
Consumer Product Safety Act,
Federal Hazardous Substances Act or
Flammable Fabrics Act |
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Reference
15 USC 2069 in Chapter 47 (consumer
product safety) |
