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CPSC Extends Stay of Enforcement for Lead Content Testing and Certification, reviews proposed Component Testing Rule. - February 2011
The Consumer Product Safety Commission (CPSC) announced on February 8th, 2011 that it has extended the stay of enforcement on “certain testing and certification procedures” pertaining to total lead content in children’s products (with the exception of metal components of children’s metal jewelry) and certain related products. This also encompasses testing and certification for total lead content in Youth Motorized Recreational Vehicles and Bicycles, and related products.
The stay of enforcement for lead content testing and certification will last until December 31st, 2011.
Other Stays of Enforcement currently in place pending the CPSC’s issuance of accreditation rules for third party laboratories will not be affected as listed below. These may be lifted as soon as “notice of requirements for accreditation of third party” labs are published, which may be prior December 31st, 2011:
- Testing of Children’s toys and child care articles for banned phthalates
- Testing of children’s toys for compliance with the mandatory safety standard ASTM F-963 (which includes caps and toy guns)
- Testing and Labeling for Product Certification and Conditions final rule for non-children’s products (includes guidelines for a “Reasonable Testing Program”)
The extension of the stay was recommended by the CPSC staff in order “to allow time for the Commission to determine whether it is technologically feasible to lower the amount of lead in children’s products to 100ppm. Lifting the stay prior to that determination seems unfair given the uncertainty as to the limit and the possibility of multiple, duplicative tests of the same product.”
The Commission also expects to use the extension to complete the pending “component testing rule”. At this time the CPSIA has no provisions requiring the suppliers of components used in the manufacture of children’s products to have these components tested and supply certificates. In short, component testing is not mandatory nor at present, given any regulatory provisions.
With the proposed component testing rule, the CPSC would set forth conditions under which end use manufacturers of children’s products/articles/toys “may rely on tests of component parts” including “materials used to produce it, as all or part of the basis” for a valid certificate of product conformity. It would also establish conditions for tests conducted by parties other than the end-use manufacturer, such as the components parts supplier.
The Commission cites that “suppliers who choose to perform or arrange the required testing could reduce the total amount of testing required” since the same component or part “might be used in a number of different products”. This presents a significant benefit to final goods manufacturers, reducing testing costs, and lead times, especially if the market evolves to where certified component parts become more of the norm rather than the exception.
It is important to note that the stay or extension only applies to “testing and certification by approved and accredited laboratories” for the aforementioned categories. Children’s products, toys and articles are still required to comply with CPSIA requirements and subject to recall if found to be non-compliant.
Regardless of the stay, PVC Tech has chosen to voluntarily provide test reports from CPSIA recognized and accredited (if applicable) third party laboratories for all our specially produced CPSIA compliant (Phthalate Free) materials. Each report includes tests for both lead in substrate and phthalate content on a per lot basis using CPSIA published test methodologies.
Due to the nature of phthalate contamination and to preserve the integrity of our formulations, we have supplied these tests for over two years adjusting to changes in the CPSIA as required. As a component supplier, we have seen this give our customers added peace of mind and the flexibility to use our CPSIA compliant films in a variety of products.
While our customers still need to test and certify their finished products to fulfill their obligations, having component testing available for our CPSIA compliant films enables their manufacturing process to proceed with confidence, less delay and the traceability to prove material compliance.
For more information on the recent CPSIA development, access:
http://www.cpsc.gov/businfo/frnotices/fr11/stayleadrev.pdf
http://www.cpsc.gov/library/foia/foia11/brief/stayleadch.pdf
http://www.cpsc.gov/library/foia/foia11/brief/staylead.pdf
To read an overview of the CPSIA, access our CPSIA Compliance Summary page.
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