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CPSIA

The CPSIA stands for the Consumer Products Safety Improvement Act which is a law that was enacted in August of 2008.

The stated purpose of this bill is to “establish consumer product safety standards and other safety requirements for children’s products and to reauthorize and modernize the Consumer Product Safety Commission."

AIMedia provides testing and certification for all products produced domestically and internationally that fall under the requirements of the CPSIA.

Guidelines of the CPSIA include:

Lead

The legislation reduces the limit of lead allowed in surface coatings or paint to 90 ppm (from the current limit of 600 ppm) effective on 14 August 2009.

The legislation reduces the amount of total lead content in children's products to

  • 600 ppm by 10 February 2009
  • 300 ppm by 14 August 2009
  • 100 ppm by 14 August 2011, unless not technically feasible. A public hearing may take place in February 2011 on this issue.

The Falvey Opinion (named for Cheryl Falvey, General Counsel for the CPSC issued on 12 September 2008 stated that these limits would be retroactively applied to products on retailer's shelves on the dates indicated.

Phthalates

As of 10 February 2009, it shall be unlawful for any person to manufacture for sale, distribute in commerce, or import any children's toy or childcare article that contains the phthalates, DEHP, DBP, or BBP at levels higher than 0.1 percent.

The legislation bans from any children's toy that can be put in a child's mouth or childcare articles phthalates DINP, DIDP, and DnOP at levels higher than 0.1% on an interim basis until a report from the Chronic Hazard Advisory Panel (CHAP) is received, after which the CPSC can continue the prohibition by rule.

CPSC General Counsel Falvey provided an advisory opinion on 17 October 2008 that the phthalate ban does not apply to children's footwear. Falvey provided an additional opinion on 17 November 2008 that the ban does not apply to wearing apparel, but does apply to toy costumes, bibs, sleepwear. Notably in its distinction from the lead ruling of 12 September 2008, the phthalate ban will apply to articles manufactured on or after 10 February 2009. However, the decision was challenged by the Natural Resources Defense Council  the (NRDC) and Public Citizen in the New York Southern District Court and set aside by Judge Paul Gardephe on 5 February 2009.

Mandatory testing

The legislation requires that every manufacturer of a product subject to a consumer product safety rule will provide a "General Conformity Certificate" to certify, based on unit testing or a reasonable testing program, that the product complies with all safety rules. This requirement was imposed on every product manufactured on or after 12 November 2008. The certificate must:

  1. be in English
  2. list the name, address, and phone number of the manufacturer, importer, and/or private labeler issuing the certificate and any third party testing facility
  3. list the date and place of manufacture and date and place of testing
  4. list the contact information of the records keeper
  5. list each applicable rule, standard, and ban

These certificates must accompany the product through the distribution chain through the retailer. They must be available to the CPSC during any inspection.

Children's products are singled out for third party testing by this Act. A schedule for testing is found in Section 102(a)(3)(B) and shows: