Key Points - CPSC Meeting on CPSIA

General Comments

> Opening comments from Nancy Nord:
      > There are approximately 40 new rule makings in the legislation.
      > CPSC will meet the deadlines set forth by the legislation.
      > CPSC recognizes that the legislation is incredibly complex.
      > CPSC does not know the full impact of the law on the supply chain.

> The CPSC strongly recommends that everyone review the CPSC website on a regular basis for FAQ’s,  

         documents, and other information.

> CPSC encourages comments from the public. Questions and comments should be submitted to the CPSC, via their website, as soon as possible. They will review and address all questions and comments received.

> This was planned as the first of many meetings to come. The CPSC intends to hold additional sessions dedicated to particular subsections of the law.

Third Party Certification Requirements

 > Lab accreditation will be required separately for each applicable section of the bill. The first rule to be voted on and published in the Federal Register is the accreditation requirement for lead in surface coatings.

> Products are required to have a valid certificate 90 days from the date CPSC publishes the lab accreditation requirements for a particular subsection in the Federal Register.
   

Certificate Information

> No format has been provided as of today, but the CPSC may initiate a model certificate.
> If no certificate accompanies the product, it cannot be sold.
> Paper copies of the certificate must accompany product to retailers.
 

Testing Details

> The number of samples required for testing and the frequency of testing is not yet defined.
> Precious metals are required to be tested for children’s jewelry.
> Further clarification is needed from the CPSC on compositing rules with regards to lead
      and phthalates.
> CPSC will approximately triple the number of samples reviewed at import.

Preemption

> By Congressional intent, CPSIA would generally preempt the lead and phthalates requirements in individual state laws, but the CPSC needs to review each state requirement on a case-by-case basis.

 
Selling Inventory in Stock

 > CPSIA addresses the sale of current inventory in stock differently for each provision within the law. For example:

     > There is no single, clear policy for handling the ban on lead for inventory in stock. This may require a court

         interpretation. Therefore, CPSC recommends as the safest action to place only compliant product on the shelf.

     > The CPSC is also investigating how phthalates in product will be addressed and will provide guidance.
 
Toys and Children’s Products, Including Apparel

 > The CPSIA definition of toy does not include hobby, craft, art materials, sporting goods, camping, and musical instruments.  However, toy versions of these actual products are considered toys.

> Apparel falls within the definition of children’s products, if intended for children 12 years and under, and is therefore required to meet the requirements of the CPSIA.
 

Tracking Labels

> Tracking labels are required on the product and packaging for both imported and domestically produced children’s products.

> CPSC has taken under consideration issuing a future rule that would define labeling format and content.

Additional Resources

> CPSC site with access to CPSIA legislation, public meeting presentation slides, sign-up for updates.    
      http://www.cpsc.gov/about/cpsia/cpsia.html

> Previous Bureau Veritas bulletin on HR4040 :      http://tinyurl.com/5sec3o

> Recent Bureau Veritas bulletin on CPSIA Signed into Law
    http://tinyurl.com/5xobxp

How Can Bureau Veritas Assist You?

> Bureau Veritas will keep you updated on the latest regulatory requirements.

> FAQs will be revised to include the latest available information.

> Bureau Veritas can provide the services necessary to be compliant with the new law. Contact your service

   representative for details.
 

Contact Information: 

Please contact your customer service representative or email: analyticalservices@us.bureauveritas.com  or ToyJPTechnicalServicesAmericasMail@us.bureauveritas.com 

For more information, visit our CPSIA Resource Page.

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