CPSIA Product Testing: 10 Things You Must Do Before 2expo.ppai.org/Sessions/handouts/10 Things You Must…

  • Published on
    29-Jul-2018

  • View
    212

  • Download
    0

Embed Size (px)

Transcript

  • SusanDeRagonSpecializedTechnologyResources

    AnneLardnerPromotionalProductsAssociationInternational

    MAS1.5ptsTuesday,January12

    1:303pm

    CPSIAProductTesting:10ThingsYouMustDoBefore2/10/2010

  • The views and opinions expressed by presenters or others who have provided materials to and for this meeting are not necessarily those of PPAI. PPAI assumes no responsibility for, nor endorses, any of the comments, recommendations or materials that are provided.

  • 1

    CPSIAProductTesting:10ThingsYouMustDoBefore

    2/10/20102/10/2010

    Presenters:SusanDeRagon,STRAnneLardner,PPAI

    Date:January12,2010Time:1:30 3:00PM

    Top 10 ThingsLearn about CPSIADetermine which of your products are affected Understand applicable tests for your regulated productDetermine best way to incorporate tracking labelThink about costs associated with complianceThink about costs associated with complianceEducate employees Establish a relationship with a testing lab Share this information with your suppliersShare this information with your overseas partnersEstablish a method to track of all testing results

    Learn About CPSIA

    Enacted on August 14, 2008 Applies to all CPSC-regulated consumer products Comprehensive overhaul of consumer product safety Comprehensive overhaul of consumer product safety

    rules Compliance is mandatory

  • 2

    Relevant Definitions

    Consumer Product any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent orenjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation or otherwise

    Childrens Product - a product designed or intended primarily for use by children 12 years of age or younger

    Childrens Toy - a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays

    CPSIA: Product Safety Provisions

    Section 101 Childrens Products Containing Lead; Lead Paint Rule

    Section 102 Mandatory Third Party Testing for Certain Childrens Products; General Conformity CertificateCertificate

    Section 103 Tracking Labels for Childrens Products Section 105 Labeling Requirements for Advertising

    Toys & Games Section 106 Mandatory Toy Safety Standards Section 108 Prohibition on Sale of Certain Products

    Containing Specified Phthalates

    Reasonable Test Program

    Five Essential Elements Product specification including applicable safety rules,

    standards, etc. Certification tests that demonstrate compliance with

    the applicable safety rules, standards, etc. Production testing plan Remedial action plan (CAPA) Documentation of your reasonable test program and

    how it is implemented

  • 3

    Minimum annual testing is strongly encouraged Should be performed by CPSC-recognized lab More frequent testing is encouraged when non-

    compliance presents a substantial product hazardChanges in production may also necessitate either more

    Testing Frequency

    Changes in production may also necessitate either more frequent testing, or completely new certification tests

    Test samples should be randomly selected

    For small volume production Test every 10,000 pieces produced Changes in production may still necessitate either more

    frequent testing, or completely new certification tests

    Testing Frequency

    Consumer Product Safety Commission: www.cpsc.gov

    Product Safety powered by PPAI:

    Get Informed, Stay Informed

    http://www.ppai.org/Member/productsafety.aspx

    Specialized Technology Resources:www.STRQuality.com

  • 4

    What Products Are Affected?

    Any product regulated by the CPSC Flammable Fabric Act Federal Hazardous Substances Act Consumer Product Safety Act

    Regulations in Title 16 CFR Parts 1602 1632

    1610 Clothing Textiles / Wearing Apparel 1611 Vinyl Plastic Film 1615/1616 Childrens Sleepwear

    Flammable Fabrics Act (FFA)

    1615/1616 Children s Sleepwear 1630/1631 Carpets and Rugs 1632 Mattresses and Mattress Pads

    Regulations in Title 16 CFR Parts 1500 - 1513 1500 Hazardous Substances / Toys and Other Articles

    Intended for Use by Children 1501 Small Parts (Children < 3 years)

    Federal Hazardous Substances Act (FHSA)

    1505 Electrically-Operated Toys 1507 Fireworks Devices 1508/1509 Baby Cribs 1510 Rattles 1511 Pacifiers 1512 Bicycles 1513 Bunk Beds

  • 5

    Regulations in Title 16 CFR Parts 1101 1406 1202 Matchbooks 1203 Bicycle Helmets 1204 Antennas

    Consumer Product Safety Act (CPSA)

    1205 Lawnmowers 1207 Swimming Pool Slides 1210 Cigarette Lighters 1212 Multi-purpose Lighters 1303 Lead-Containing Paint

    Childrens Product

    CPSIA Factors in determining childrens product: A statement by a manufacturer about the intended use of

    such product, including a label on such product if such statement is reasonable.

    Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by childrenpromotion, or advertising as appropriate for use by children 12 years of age or younger.

    Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

    The Age Determination Guidelines issued by the Commission staff (http://www.cpsc.gov/BUSINFO/adg.pdf)

    Other Factors to Consider

    Size and Shape Materials Used Number of Parts Motor Skills Required

    Classic Prod ct Classic Product Colors Cause & Effect Sensory Elements Level of Realism/Detail Licensing/Theme

  • 6

    Promotional Product Challenges

    Factors to consider include

    Distribution method Marketing Logo and Theme

    Understand Applicable Tests It is your responsibility to determine which

    regulations apply to your product, and ensure product complies, before putting it on the market

    Any changes made to a certified product, such as adding artwork or logo, may require additional testing, certification, and tracking label markings.

    Promotional Product Categories

    Apparel

    Houseware/drinkware

    Childrens products

    Writing instruments

    Electronics

    Jewelry

    Luggage/bags

  • 7

    Apparel

    Federal Regulatory Requirements Flammable Fabrics Act

    16 CFR 1610 Clothing Textiles 16 CFR 1615/1616 Childrens Sleepwear

    Fiber Identification Act Fiber Identification Act Care Labeling Regulations

    Houseware/Drinkware

    Federal Regulatory Requirements Food & Drug Administration regulations

    21 CFR applicable extraction dependent on material

    FDA Guidelines 7117.06 & 7117.07 - ceramicware

    If childrens product, additional tests could apply (use and abuse, flammability, lead)

    Childrens Products

    Federal Regulatory Requirements Federal Hazardous Substances Act Ban on Lead-Containing Paint (CPSA) CPSIA Lead Content ASTM F963-08 CPSIA Phthalates Ban CPSIA Tracking Label

  • 8

    Writing Instruments

    Federal Regulatory Requirements LHAMA, ASTM D4236 CPSC Guidance for extractable lead

    Art materials (crayons, colored pencils, etc.)

    If childrens product, additional tests could apply (use and abuse, flammability, lead)

    Electronics

    Federal Regulatory Requirements FCC requirements Mercury-containing Battery Management Act

    UL (or CSA or ETL) Standards

    If childrens product, additional tests could apply (use and abuse, flammability, lead)

    Jewelry

    Federal Regulatory Requirements Adult Jewelry 16 CFR 23 Childrens Jewelry CPSIA Lead Content

    If toy jewelry, additional tests could apply (use and abuse, flammability, lead in paint, phthalates)

  • 9

    Luggage/Bags

    Federal Regulatory Requirements None!! for adult items

    Unless intended to hold food (FDA) For childrens bags, standard CPSIA

    requirements applyrequirements apply

    Tracking Label Requirement Applies to all Childrens Product manufactured as of

    August 14, 2009 Requires permanent, distinguishing marks on the

    product (to the extent practicable) and packagingM f t i t l b l Manufacturer or private labeler name

    Location of production Date of production Other information (batch, run number, sources)

    Practicability of Tracking Labels

    CPSC has not specified type size, location or format of tracking label

    Determining if it is practicable to include the tracking label on product is a challenge in itself, and factors such as size of the product, material, and manufacturing techniques must be considered.

  • 10

    Tracking Label Requirement

    The overall purpose is to enhance recall effectiveness Keep this purpose in mind when considering what

    information to include on a tracking label

    Tracking labels will provide information to help a manufacturer target the problem and initiate an effective corrective action program, and allows recalled product to be identified and pulled from the marketplace

    Tracking Label Considerationsfor Promotional Products

    If you produce a childrens product, tracking label information is required

    If you purchase a childrens product ensure that If you purchase a children s product, ensure that supplier has included tracking label information

    Depending on changes made to a product, additional tracking label markings may be appropriate

    PPAI Tracking Label System

    PPAI has developed an electronic system for maintaining the tracking label information with a URL code on the product and packaging itself.

    Additional details on this system are available through PPAI.

  • 11

    Think about CostsAssociated with Compliance

    Compliance is mandatory, although third party testing may not be

    But how does one determine compliance without testing?testing? Rely on factory certificates? Accept factory test reports? Allow supplier testing? Accept raw material testing?

    Manufacturer can rely on third party test data from component manufacturer or supplier, provided: The testing meets all CPSC requirements That there has been no material change in the

    component since testing was performed

    Component Testing

    component since testing was performed That nothing in the manufacturing process would

    have affected test results of the component That traceability is evident

    If Manufacturer is relying on third party test data from component manufacturer or supplier, they should: Keep detailed records of purchases and lot and

    batch records

    Component Testing

    Perform some production testing

    Manufacturer is ultimately responsible for product compliance

  • 12

    Finished components not yet assembled to finished product may be tested separately for certain tests Lead content Phthalates

    Lead in paint

    Component Testing

    Lead in paint

    Mechanical or Flammability in most cases will require finished product to test

    Think about CostsAssociated with Compliance

    If you are a Domestic Manufacturer or Importer of Record

    You must issue the GCC or COC for CPSC-regulated product

    Request copy of associated test reports or other proof Request copy of associated test reports or other proof of compliance

    If you are a Distributor Require supplier to ensure in writing that all products are

    in compliance Request GCC or COC for CPSC-regulated product Any changes to certified product may require

    additional testing and certification

    Think about CostsAssociated with Compliance

    Where third party testing is mandatory (primarily Childrens Products) Use CPSC accredited laboratory Determine a reasonable test program

    For imported product testing performed in country of manufacture For imported product, testing performed in country of manufacture is typically less expensive than testing performed in US

    Include estimated testing costs in cost of your product Remember to include time for testing into your product

    timeline Testing of the blank is often the responsibility of supplier

  • 13

    Educate Employees

    Provide internal training

    Participate in external webinars such as PPAIs

    Attend appropriate industry conferences

    Sign up for e-mail alerts through CPSC, PPAI, STR

    Employees Should Know

    Indirect Import - ask for test report, and certificate if required, on product you are purchasing.

    Direct Import - and it is your letter of credit - you are directly responsible for product compliance and are considered the manufacturer of record by the CPSC.considered the manufacturer of record by the CPSC.

    Domestic Purchase - whoever introduces the product into commerce is responsible, and again you should obtain a report, and certificate if required, from your domestic supplier confirming compliance.

    Establish A Relationship With A Testing Lab

    Mandatory third party testing for all childrens product stay of enforcement to be lifted February 10, 2010

    CPSC has list of accredited laboratories on their website, www cpsc govwww.cpsc.gov

    Many labs have global locations Establish relationship

    volume discounts priority testing understanding of entire product line and business

    model

  • 14

    Mandatory Third Party Testing of Childrens Products

    Currently Required Lead in Paint Cribs Pacifiers Small Parts Lead in Childrens Metal Jewelry

    Mandatory Third Party Testing of Childrens Products

    Required once Stay of Certification and Testing is lifted (expected to be 2/10/10) Youth Bicycles Youth Bicycle Helmets Bunk Beds Rattles Dive Sticks Lead Content

    Mandatory Third Party Testing of Childrens Products

    Required after Stay is lifted and 90 days after CPSC publishes laboratory accreditation requirements Youth All Terrain Vehicles Baby Walkers and Bouncers Caps and Toy Guns Youth Carpets and Rugs Clacker Balls Childrens Sleepwear, and

  • 15

    Mandatory Third Party Testing of Childrens Products

    Durable Nursery Products Electrically Operated Toys Youth Mattresses Phthalates Phthalates Small Balls and Marbles Youth Swimming Pool Slides Toys (ASTM F963) Flammability of Vinyl Plastic Film Flammability of Youth Wearing Apparel

    Laboratory Services

    In addition to finished product testing, some labs offer additional services such as Design hazard assessment Factory audit quality controls and social

    compliance Raw materials qualification In-process inspections of product and

    manufacturing Final random inspection of product Regulatory consulting

    Make Sure Your Suppliers Are Up To Speed With New Requirements

    Share CPSIA information Advise required regulatory requirements

    B l ith t ti Be clear with your expectations Determine what you will accept as proof of

    compliance Domestic manufacturers should provide

    Certificate of Compliance

  • 16

    Certificate of Compliance, also called General Conformity Certificate, is required for all products subject to a consumer product safety rule enforced by the CPSC.

    Certificate must be based on testing of each product

    Certificates of Compliance

    gor a reasonable testing program. The certificate must specify the applicable rule, ban, standard or regulation. For products manufactured overseas, the Certificate must be

    issued by the importer of record. For products produced within the US, the Certificate must be

    issued by the U.S. manufacturer.

    Share Information With Your Overseas Partners

    Share CPSIA information Advise required regulatory requirements Be clear with your expectationsy p Determi...