On August 14, 2008, the Consumer Product Safety Improvement Act 2008 (CPSIA) was implemented, which is a major amendment to the former Consumer Product Safety Act (CPSA).
Points for revision include: new lead limits in children's products (including toys and child-related supplies); lower lead limits in paints and surface coatings; banning certain phthalates; mandatory third-party testing; traceability labels and product registration cards.
CPSIA only sets targets for children's goods, or sets priorities for future legislation. However, the detailed implementation rules of these requirements will be issued by the Consumer Product Safety Commission (CPSC) in the next few years after consulting the industry, consumer groups, technical agencies and foreign government agencies.
CPSIA's main requirements for children's products:
1) Lead content requirements for materials accessible outside the coating:
Effective from 10 February 2009 (limit 600 ppm); to 14 August 2009 will be reduced to 300 ppm; if feasible, it will be reduced to 100 ppm.
2) Lead content requirements for paints or surface coatings:
Since August 14, 2009, the lead content limit has been reduced from 600 ppm to 90 ppm.
3) Phthalate requirements for children's toys and nursing products:
Since February 10, 2009, three kinds of phthalates with concentrations exceeding 0.1% in "children's toys" or "child care products" have been permanently banned: Dihexyl phthalate (DEHP), dibutyl phthalate (DBP) and phenyl butyl phthalate (BBP).
Children are temporarily prohibited from putting child care products or toys into children's mouths. They contain three kinds of phthalates with a concentration of more than 0.1%: dinonyl phthalate (DINP), diisodecanoate phthalate (DIDP) and di-n-octyl phthalate (DnOP).
Third-party testing of children's products:
The new law requires third-party testing of all consumer goods intended for 12-year-olds or younger children. Each manufacturer of children's products (including importers) or private proprietary trademark owner must test the product. The test must be conducted by an approved independent testing laboratory and, based on the test results, produce a certificate that the product meets all current requirements of the Consumer Product Safety Commission of the United States.
The schedule for the release of laboratory accreditation requirements and accreditation by the Consumer Product Safety Commission is shown below.
Procedures for accreditation issued by the Consumer Product Safety Commission of the United States require third-party testing
Lead paint 22 September 2008*22 December 2008
Baby cribs and pacifiers October 2008 January 2009
Widgets November 2008 February 2009
Metal jewelry December 2008 March 2009
Baby Springboards, Walkers and Bandages March 2009 June 2009
Volume Concentration Value of 300 ppm Lead Containing (Million Percentage) May 2009 August 2009
Consumer Product Safety Commission Children's Product Safety Rules June 2009 September 2009
Certificate:
The required certificates, whether general certificates or certificates for children's products based on third-party testing, must be in English and can be in another language. The certificate content must include the name of the product manufacturer or private proprietary trademark owner and testing laboratory, the date and place of manufacture and testing of the product.
Products that do not possess the required certificates cannot be imported or wholesaled into the U.S. market. Products or batches of imported products must be certified and produced at the request of the Consumer Product Safety Commission and the United States Customs. If no certificate or false certificate can be issued, the manufacturer or private proprietary trademark owner may face civil or criminal penalties.
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