The Consumer Product Safety Improvement Act of 2008 was passed into United States Public Law (No: 110-314).
This law passed with overwhelming support from American law makers because over the past few years our nation experienced an unfortunately large number of recalls on products that have been imported to our country. Consumers and legislators were particularly concerned about children's toy's that were recalled because of dangerous levels of lead and other toxins or dangerously defective product design or manufacture.
This law requires manufacturers and importers to subject toys and other nursery products to certify that they have passed strict mandatory U.S. safety standards before they hit the store shelves. The certifications must be based on reasonable production testing of parts or finished products.
One senator noted: Much blame has been placed on the U.S. Consumer Product Safety Commission, CPSC, for failing to adequately protect consumers from dangerous products entering the United States. Whether this was being too lax with regard to negligible product safety standards for toys and other items produced abroad, or ineffective and often toothless oversight of the manufacturing and design process wherever the toys were made, there is more than enough blame to spread around. While I certainly recognize the important contributions of the dedicated career employees at the CPSC, it is clear that the CPSC lacks the adequate resources, and political will, to combat this growing problem.
Further legislation was passed that doubles the Consumer Product Safety Commission's funding to be incrementally increased between 2009 and 2015. More funds will allow closer oversight to the regulations and collections of fines for non-compliance (the fines have been greatly increased).
Public Law 110-314 changes the operating landscape for many manufacturers, retailers and distributors. By this law CPSC regulation will require many changes, the following are just a few of them:
Toy and JP Testing: This requires mandatory third party safety certifications of products made for children 12 and under. Upon CPSC accreditation, private labs could be allowed to test products if they provide equal or greater consumer protection than available third party labs. Authorizes CPSC personnel to inspect any lab certified under the Consumer Product Safety Act and withdraw accreditation if necessary. The JPMA Certification Program is subject to update and is expected to provide a turnkey solution to these new testing and certification requirements. Certain durable infant products: Specifically identifies certain products that will need to contain product registration cards, which are: full-size cribs and non-full-size cribs, toddler beds, high chairs, booster chairs, hook-on chairs, bath seats, gates and other enclosures for confining a child, play yards, stationary activity centers,infant carriers, strollers, walkers,swings, bassinets and cradles.
Lead in S
ubstrates: Bans lead for products manufactured for children age 12 or younger. Specifically, the permissible level of lead in children's products would be 600 ppm after 180 days, 300 ppm after one year, and 100 ppm after three years following enactment, if feasible. The CPSC is directed to periodically review and lower the limit and also to except inaccessible parts, electronic components and parts that do not pose a human health risk.
Phthalates (plastic softeners): Permanently bans the sale, only of toys and certain under 3 childcare articles containing trace concentrations of three phthalates: DEHP, DBP, or BBP. Temporarily bans products containing trace concentrations of DINP, DIDP, or DnOP unless further study and evaluation prompts the CPSC to lift the ban.
There are many questions about how exactly the law will be interpreted and implemented. Though all the details are not totally ironed out, CPSC has a very informative “Frequently Asked Questions and Answers” about the new law on-line at: http://www.cpsc.gov/ABOUT/Cpsia/faq/faq.html
Paragon Packaging is committed to new Product Safety Testing Policy for 2009: Now that the CPSIA is fully in effect, the additional testing requirements over and above previous ASTM F-963 requirements (i.e. total lead content testing in material substrates, phthalates testing in surface coatings and substrates, etc.) result in a great deal of variability of testing costs based on the design of your products.
In other words, toys and games are subject to huge swings in safety testing costs depending upon the type and number of plastics used, colors, inks, paints, etc. Therefore, effective immediately we are establishing the policy that the cost of product safety testing will be determined on a case by case basis when we issue the complete product proposal to you.
We will always make sure to quote the most cost effective testing regime in accordance with the regulations in effect where you products are sold. Of course, it is imperative for you to always communicate with us prior to the time when the products are submitted to the lab for testing exactly what regulations the product should be tested to. For example if you will be distributing your products in the U.S., the requirement is that the product be compliant with HR-4040. If the product is to be sold in Europe, the standard to be tested against will be EN-71. Finally, in working with you collaboratively in the product development process, we have the experience to suggest ways in which you can save on costs such as product safety testing based on the use of colors in plastics and inks, choice of materials, etc.
We look forward to helping you in producing products as cost effectively as possible!
Source: Compiled By Paragon Packaging