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The Consumer Product Safety Improvement Act of 2008 (CPSIA)
Gary JonesDirector of Environmental, Health and Safety Affairs
Today’s Agenda
Introduction and Background Key Definitions Lead and Phthalate Limits Testing and Certification Tracking Labels Component Exemptions Testing and Certification Rules Advocacy Next Steps
Introduction New legislation signed into law August 14, 2008
Consumer Product Safety Improvement Act (CPSIA)
Under the jurisdiction of the Consumer Product Safety Commission (CPSC)
Establishes lead and phthalate limits in children’s products, toys, and child care articles
Establishes testing and certification requirementsDelayed until February 10, 2011!!!
Establishes tracking and labeling requirementsBecame effective August 14, 2009!!!
Key CPSIA Definitions
“Children’s Product” – a consumer product designed or intended primarily for children 12 years of age and younger.
“Children’s Toy” – a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use when the child plays
“Child Care Article” – a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.
CPSIA Lead Limits (Section 101)
Lead limits for “Children’s Products” Product total lead content limit:
300 ppm as of August 14, 2009100 ppm on August 14, 2011, if technologically possible
Printing ink and other input materials are included as they are used in “Children’s Products”
Printing ink is not “lead paint” under lead paint limits
CPSIA Phthalate Limits (Section 108) Phthalates are “plasticizers”
Make plastics soft Bans on use in children’s toys & child care articles Permanent ban
Products may not contain more than 0.1% DEHP, DBP, BBP di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or
benzyl buty phthalate (BBP)
Interim ban Products may not contain more than 0.1% DINP, DIDP, DnOP diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-
octyl phthalate (DnOP) Applies only to Children’s toys that can be placed in the mouth and
child care articles
CPSIA Certification & Testing (Section 102) Certification based on Third Party Testing
Required beginning February 10, 2011Applies to lead content and phthalatesCertifications currently required for lead paint
Requires testing of finished product by accredited third party laboratory
Component testing allowed for certain input materials and plastic parts
Testing based on “sufficient samples of children’s product, or samples that are identical in all material respects to the product”
Certification issued by “manufacturer”
CPSIA Certification & Testing (Section 102)
CPSIA certifications
Required before product is imported “for consumption or warehousing” or “distributed in commerce”
Certifications must include Identification of product tested Identification of appropriate CPSC standard certified Identification of manufacturer and/or importerDate and place of manufactureDate and place where product was tested Identification of third-party laboratory Contact information for individuals responsible for
maintaining testing records
CPSIA Tracking Labels (Section 103)
Began August 14, 2009 Manufacturers required to place “permanent,
distinguishing marks” on children’s products and packaging.
Required Information ManufacturerLocation and date of production “Cohort” information such as batch, run number, etc,
and any other identifying characteristics needed to ascertain the source of the product
Tracking Labels (Section 103)
No uniform one-sized fits all system “Label” vs. “distinguishing marks”
Commission does not require a singular collection of information in one discrete location
Information must be “ascertainable” Does not require codes, formats or
numbering systems Marking the product and its packaging
In certain circumstances marking only the packaging will be acceptable
Children’s Product Definition Finalized October 14, 2010 Added definition for “General Use Products”
Products not designed or intended primarily for the use by children 12 years of age or younger
Examples include candles, fireworks products with child resistant features - gasoline containers lighters
“For Use” DefinitionA child 12 years of age or younger will physically
interact with the product based on reasonable foreseeable use of it
Children’s Product DefinitionProduct designed or intended primarily for children 12
years of age or youngerFour factors to be used
Children’s Product Definition Manufacturer’s statement about intended use of
the product including a product labels Product use statement should be consistent with
expected use patterns Product represented in its packaging, display,
promotion or advertising as appropriate for use by children 12 years of age or younger
Product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger
Commission’s Age Determination Guidelines Issued in 2002
Lead Determinations
Final Rule Issued August 26, 2009 Paper, certain printing inks, and other input
materials determined by the Commission not to exceed 100 ppm of lead.
No longer subject to Section 101 No section 102 certification required for products
made exclusively from exempt components
Additional work on the issue continuing
Lead Determinations
No longer require testing Paper Any product printed with four
color process inks (CMYK) Any product coated with
varnish, water-based, or UV-cured coatings
Threads used for book binding Animal based glues Adhesives that are not
accessible* Binding materials that are not
accessible*
Still require testing Spot or PMS inks Saddle stitching wire Non-animal based glues that
are accessible* Metal coils both coated and
uncoated for coil bound materials
Plastic coils for coil bound materials
Foils used in foil stamping Laminates
*CPSC has specific rule on accessibility
Testing and Certification Rules
Proposed May 20, 2010 Two separate rules proposed
Product Testing = aka “15 month rule”Component Testing
Comments submitted August 3, 2010 by Printing Industries, BMI, AAP
Rules address component testing, sampling, testing frequency, undue influence, material change, small manufacturers, and certification.
Testing and Certification Rules
Can test either whole product non-exempt components
Initial testing product or a non-exempt requiredNo additional testing is required until 10,000 units of
finished product are manufactured, Or “Material change” occurs that would affect ability of
product or non-exempt component to be in compliance
Testing for products or non-exempt components with more than 10,000 units will be allowed on a yearly basis unless there is a “material change”
Testing and Certification RulesMaterial Change
Any change in the product’s design, manufacturing process, or sourcing of component parts, that a manufacturer using due care knows, or should know, could affect the product’s ability to comply with applicable rules, bans, standards, or regulations
Product design changes include composition, interaction, or function of all component parts
Manufacturing process changes include new cleaning solvents, new product molds, or new manufacturing techniques
Component part changes include part composition, part supplier, or using a different part from the same supplier
Testing and Certification Rules
Representative product or non-exempt component testing can be used instead of testing each product every time it is manufactured
Representative testing only allowed if the products are identical in all material aspects
Developing and implementing a reasonable testing program (RTP) will extend the testing frequency to every two years
RTP has 5 elements
Testing and Certification RulesRTP Elements
Product Specification- Product description and all applicable rules, standards, regulations, and bans
Certification Tests- Certification tests completes before issuing a general conformity certificate
Production Testing Plan-Describes what tests must be performed at what frequency
Remedial Action Plan-Describes steps to be taken when samples of products/components fail a test
Recordkeeping-General conformity certificates, product specifications, certification tests, compliance with production testing plan, remedial actions
Testing and Certification Rules
Printing Industries, BMI, AAP Comments Allow testing of component’s components
Mixing bases for spot or “PMS” inks
Reaffirm “categorical” testing is allowed as ‘representative testing”
Two color books/jobs, four color books/jobs, etc
Reasonable Testing Program More flexibility on “random sampling”Eliminate annual staff training for undue influenceExtend testing to every 4 years
Testing and Certification Rules
Printing Industries, BMI, AAP Comments Revise Compliance Certificate to make specific
product or component testing information optional or allow the use of codes for “generic” certificate
Lab identification, date of testing, location of testing, etc
Allowing component certification from a supplier to apply to all of the same material from that supplier, not just the batch or lot tested, unless there is a material change.
What is the Printing Industry Doing?
Advocacy Before CPSCFormed industry taskforce of leading manufacturers and allied associations
Includes PIA, AAP, BMI, MPA, AF&PA, & NAPIMLaunched an online database to collect and disseminate test data
Engaged in written dialogue with CPSC regarding need for exemptions and flexibility
Ongoing meetings with CPSC Commissioners, General Counsel, and Compliance Team
January 15, 2010 Report to CongressMeetings with legislators and staff
Bills introduced in 2010 to exempt books and other printed matter
CPSIA Next Steps Task force analyzed Aug 09 CPSC determination
Test data alone is not sufficientCONEG is not sufficient – no 3rd party testingNeed to present technical reasons why lead can’t be
used in remaining components
Distributed vendor request letters/phone callsNeed to go back deep into the supply chain
Lobby group formed to continue pressure on Congress seeking legislative relief
Thank you for listening!
Gary A. Jones
Director, Environmental
Health, & Safety Affairs
(412) 259-1794
www.printing.org
