CONECT - c.ymcdn.comc.ymcdn.com/sites/ · CONECT CPSIA Louann Spirito Director Technical Support – Softlines September 29, 2016

CONECT

CPSIA

Louann Spirito

Director Technical Support – Softlines

September 29, 2016

2 © SGS SA 2014 ALL RIGHTS RESERVED

CPSIA

Testing Pertaining to Product Certification

CPC / GCC

Component Part Testing

Restricted Substances

Tracking Labels

Database


CPSIA

All products subject to a product safe rule

enforced by the CPSC

General use products

Children’s products

Special third-party testing requirements for

children’s products

A children’s product is “a consumer product

designed or intended primarily for children 12

years of age or younger.”


GCC REQUIREMENT

Manufacturers and private labelers of consumer

products imported into or distributed in the U.S.

Which are subject to a product safety rule

Must issue a General Conformity Certificate (“GCC”) or a

Children’s Product Certificate (“CPC”)

That certifies, based upon a test of each product or a

reasonable testing program, such product complies with all

product safety rules

By regulation, CPSC limited the parties responsible

for issuing GCCs to importers and domestic

manufacturers

Adult wearing apparel exempt from testing no

longer requires a GCC


CERTIFICATION TESTING REQUIREMENTS FOR

CHILDREN’S PRODUCTS

The testing must be:

On “sufficient samples” of the children’s product

To provide a “high degree of assurance” of compliance

with all children’s product safety rules


WHAT IS A HIGH DEGREE OF ASSURANCE?

“A High Degree of Assurance” is based upon:

Knowledge of your product

Knowledge of how your product is manufactured

Consistency versus variability

Measurements showing consistent performance

Control over component parts


WHAT IS A HIGH DEGREE OF ASSURANCE?

Fewer samples may be tested if the

manufacturing process is consistent in creating

products that comply with applicable

requirements

More samples may need to be tested if the

opposite is true


REPRESENTATIVE SAMPLE

Samples selected for testing must be made of

materials and components that will be used in

production and that will produce same results as

other samples in the production

Sample selection can take place

– before production begins

or

– as they are manufactured


PRODUCT CHANGES

If a children's product undergoes change such

as:

product design

– component parts,

– composition,

– interaction and functionality when assembled

manufacturing process

sourcing of component parts

– component part supplier

– screen printer

The manufacturer must submit a sufficient

number of samples for testing by a third party lab

Testing must occur before a manufacturer can

re-certify the Children's Product


Effective February 2013, all

manufacturers & importers

of children's products must

have a documented

certification and testing

program

PRODUCTION TESTING PROGRAM

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwi7t5nPyYLOAhWJOD4KHbmgBlUQjRwIBw&url=http://www.thecreativej.com/education-research/did-you-know-safety-laws-promotiona/&bvm=bv.127521224,d.cWw&psig=AFQjCNHGe2xmK5_PuCXrWpaRF4W_2jAxpA&ust=1469122362001131



Assures that children's products comply with all

applicable product safety rules by having a

process in place

Testing to be conducted by a CPSC-accepted

third party lab



Reasonable Testing Program – is now

Production Testing Plan

(1) Product Specification

(2) Certification Tests

(3) Production Testing Plan

(4) Remedial Action Plan

(5) Recordkeeping



Describes the consumer product in detail

Differentiates it from other products

– Style number, model, colors

Detailed enough to determine material changes

Separate product specification required for

every manufacturing site

Test samples must be identical in all material

respects to the final product


PRODUCTION TESTING PLAN

Written document

Indicating tests to be performed

Intervals at which the tests will be conducted

Testing plan provides a high degree of assurance that

the product being tested continues to comply with all

applicable product safety rules

Testing interval must be short enough to ensure that, if

the samples pass the test, there is a high degree of

assurance that the other untested products

manufactured during the interval comply

The interval for periodic testing may vary depending upon

the specific product safety rules that apply


ELIMINATION OF REMEDIAL ACTION PLAN

A remedial action plan is not always predictable depending on type

of product and / or failure

Ultimately manufacturer or imported is responsible to deliver safe

and compliant product

In cases where remedial actions plans are beneficial, it is

encouraged to have a plan as part of overall quality assurance

system

Must not certify a product if any test fails until remedial action has

been taken and the product manufactured after the remedial action

is re-tested


COMPONENT PART TESTING &

CERTIFICATION

A finished product certifier can rely on test reports or

certifications of the finished product provided by

another party as a basis for issuing a certificate

This practice will allow an importer to rely on finished

product test reports or certifications from a foreign

manufacturer to certify a product, provided that the

requirements in the rule are met

Final rule states as long as the finished product

certifier exercises due care and receives all required

documentation from the party that certified the

finished product


RESTRICTED SUBSTANCES


RESTRICTED SUBSTANCES

Restricted Substances

• Lead in paint and surface coatings (Sec.

101, part (f))

• Lead content (substrate) in Children’s

products (Sec.101)

• Prohibition on Sale of Certain Products

Containing Phthalates (Sec. 108)

• Proposed exemptions for phthalate testing

for certain plastics


Lead in

Paint

For children’s products only

90 ppm

Lead in Substrate For children’s products only 100 ppm

Phthalates

DEHP, DBP or BBP In all toys (up to 12) and all childcare

items

≤0.1%

(per phthalate)

DINP, DIDP or

DNOP

Toys (up to 12) that can be placed in

the mouth and all childcare items

≤0.1%

(per phthalate)

SUMMARY OF RESTRICTED SUBSTANCES


CHILD SAFETY TESTING

SMALL PARTS, SHARP POINTS & SHARP EDGES


PHYSICAL / MECHANICAL

Physical /Mechanical tests are based on Toy

Safety standards

Age grading is based on child development and

behavior

Safety standards are age related rather than size

related


PHYSICAL / MECHANICAL

EXEMPTIONS

Balloons, Books, Paper, Writing materials,

Children’s clothing and accessories, Grooming,

feeding, and hygiene products

Paper, Fabric, Yarn, Fuzz, Elastic, String


HAZARDOUS SUBSTANCES AND ARTICLES CFR TITLE 16, PART 1500

Mechanical Tests

Tension

Torque

Small Parts

Snaps

Buttons

Trims

Zipper tabs

Sharp Points

Sharp Edges

Drawstrings

Not allowed at Neck or Hood

Waist/Bottoms: 3 inch max extended from

garment

The CPSC governs all issues for child safety, including but not limited to


TENSION TEST - BUTTONS

Parallel Tension

Perpendicular Tension


TENSION TEST – ZIPPER PULL TAB

Parallel Tension Perpendicular Tension


TENSION TEST – SNAPS

Use of Feeler Gauge

for Accessibility

Parallel Tension with

3-pronged clamp


TORQUE TEST – BUTTONS AND ZIPPERS

Torque Test – Button Torque Test – Zipper Pull


• An object which fits entirely within

the small parts test fixture

• Small parts are not allowed on

items intended for children under

age 3

• As received

• After simulated use/abuse testing

HOW BIG IS SMALL?


SMALL PARTS TEST CYLINDER

Cylinder Failed sample


SHARP POINTS

Technical Requirements for Determining Sharp

Points

Requirement:

No accessible sharp-point which presents a potential

risk of injury or laceration

Not allowed on any product intended for children ages

8 and under

(Exemption: Functional sharp points allowed on items

for children 4 years old and up)

Sharp Point Test


SHARP EDGES

Technical Requirements for

Determining Sharp Edges

Requirement:

No accessible sharp edge which

presents a potential risk of injury or

laceration.

Not allowed on any product intended

for children ages 8 and under

In general laceration hazards

should be avoided on

consumer products to reduce

potential for injury

Sharp Edge Test


DRAWSTRINGS


DRAWSTRINGS

Drawstrings can catch or become entangled with

objects, such as a car door or playground slide,

putting a child at risk of being dragged, trapped,

or strangled

July 2011 CPSC approved a federal safety rule

for drawstrings in children’s outerwear. The final

rule designates the following as substantial

product hazards:

children’s upper outerwear in sizes 2T through 12 with

neck or hood drawstrings, and

children’s upper outerwear in sizes 2T through 16 with

certain waist or bottom drawstrings


DRAWSTRINGS

CPSC has authority to stop potentially

hazardous shipments of children’s outerwear

with drawstrings from entering the United States

CPSC has increased regulatory authority to

issue product recalls of garments that violate the

new rule

State laws restricting use of drawstrings


DRAWSTRING REQUIREMENTS

No drawstrings at hood or neck for all children’s

clothing

Waist or bottom drawstrings are allowed in all

children’s clothing; provided

No more than 3 inches extends outside the channel

when garment is extended to fullest width

No toggle, knot or attachments at end to drawstring

(ends may be dipped in plastic solution, stitched at the

end or heat sealed)

Drawstring is tacked at midpoint of the drawstring

channel


THIRD PARTY TESTING AND PRODUCT

CERTIFICATION

What about non-children’s products?

Are there non-children’s products subject to

product safety rules?

Flammability of Wearing Apparel

Flammability of Carpets & Rugs

Flammability of Vinyl

Flammability of Mattresses and Mattress Pads

Reasonable Testing Program for non-children’s products

has been deferred


RECORD KEEPING

Records include

Document details of product

Tech pack, material changes

Test reports

CPC or GCC

CPC / GCC must be in English

Records no longer must be maintained in US,

but must be available immediately upon request

Records must be kept for 5 years

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http://www.greenbuildinglawupdate.com/articles/legal-developments/&ei=ZDPNVOPYG_WZsQTt_YLgBQ&bvm=bv.85076809,d.cWc&psig=AFQjCNEaE6w59Y0ABrQJfqqLsDFzfaWGow&ust=1422820497913708


TRACKING LABELS

All children’s products require a tracking label

Permanently attached to the product

Present on package

Purpose – to identify style/lot/batch in event of

recall


CPSC PUBLIC DATABASE

SaferProducts.gov – official launch March 11,

2011

Register – very important!

Will effect the buying decision of many

consumers


MONITORING OF VIOLATIONS

Monitoring of violations

Import surveillance in conjunction with U.S. Customs

and Border Protection by targeting certain tariff

classifications or invoice descriptions

Authorizes CPSC & U.S. Customs and Border

Protection to detain and seize violative goods

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwj0yPqv0YLOAhXBbj4KHWzsBiUQjRwIBw&url=http://www.aurionpro.com/digital-security-surveillance/&bvm=bv.127521224,d.cWw&psig=AFQjCNGZkadyt-8FaXd4_8kra8D1cp1KBg&ust=1469124433844751


MONITORING OF VIOLATIONS

Fines and enforcement

CPSC seeks voluntary cooperation from companies

in terms of a stop sale and/or consumer level recall

CPSC can seize and forfeit violative goods

Issue cease and desist orders for stop sale

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwirlc720ILOAhWBOj4KHbRNDGkQjRwIBw&url=http://www.rjbell.com/?attachment_id=205&psig=AFQjCNG5CKm6i6AE5tnzJdkZoa7ZP6H73A&ust=1469124316279701


LEAD RECALL

Recall Summary

Children’s Jewelry

The jewelry can contain

high levels of lead. Lead is

toxic if ingested by young

children and can cause

adverse health issues.


CPSC, BBC International Ltd. Announce

Recall of Crayola® Toddler Boots

WASHINGTON, D.C.- In cooperation with the U.S. Consumer

Product Safety Commission (CPSC), BBC International Ltd., of

Boca Raton, Fla., is recalling about 38,000 pairs of Crayola®

toddler boots. The toggle, a small plastic ball attached to the

laces, can detach, posing a choking hazard to young children.

CPSC and BBC International are not aware of any injuries or incidents

involving the toggles on these boots. This recall is being conducted to

prevent the possibility of injuries.


CPSC, GapKids Announce Recall of Girls’

Straw Cowboy Hats

The following product safety recall was conducted voluntarily by the firm in cooperation with the

CPSC. Consumers should stop using the product immediately unless otherwise instructed.

Name of Product: Girls’ Straw Cowboy Hat

Units: 5,200

Manufacturer/Importer: GapKids, of San Francisco, Calif.

Hazard: The straw hat is constructed using a thin wire within a seam. The tip of the

wire can break free from the seam, posing a laceration hazard.

Incidents/Injuries: GapKids has received two reports of customers who received

minor scratches from the exposed wire tip. A 7-year-old child received a scratch on

the leg and a 12-year-old received a scratch on the forehead.


SHARP EDGE RECALL

Recall Summary:

Children’s shoe

The metal rivets surrounding

the holes where the

shoestring is secured on the

shoes can have sharp edges,

posing a laceration hazard.

Incidents/Injuries: The firm

has received one report of an

adult who scratched or cut his

finger. No medical attention

was required.


DRAWSTRING RECALL

Children's Hooded

Sweatshirts and

Jackets with

Drawstrings Recalled

Due to Strangulation

Hazard


FLAMMABILITY RECALL

Recall Summary

Women’s 100% silk

scarves

The scarves fail to meet

the federal flammability

standard for wearing

apparel and pose a risk of

burn injury to consumers.


CHILDREN’S SLEEPWEAR RECALL

Recall Summary

Children’s Nightgown

The nightgowns fail to meet

federal flammability standards

for children’s sleepwear, posing

a risk of burn injuries to

children.

Incidents/Injuries: None

reported


STOP SALE

Children’s tight fitting sleepwear

Violation for incorrect flammability warning

One or two measurements exceeded the

maximum dimension

GCC instead of CPC

CPSC ordered STOP SALE of merchandise

After investigation, no recall was initiated


CPSIA – WHAT’S NEW?

No GGC required for adult flammability exempt

of testing

Proposed rule making – phthalates states that 4

specific plastics:

Polypropylene

Polyethylene

High-impact polystyrene

Acrylonitrile butadiene styrene

do not contain the prohibited phthalates (DEHP,

DBP, BBP, DINP, DIDP, DnOP) in

concentrations above 0.1%, therefore are not

required to be third party tested


CPSIA – WHAT’S NEW

Increased enforcement - CPSC has staff based

at many ports

Working closely with US Customs and has

stopped hundreds of thousands of shipments

Settlement negotiations

higher penalties

regulatory compliance program requirements


NON-COMPLIANCE IS COSTLY

Goods stopped at port

Product recalls

Civil penalties

Product liability

Bad publicity


BEST LAID PLANS

Even the best laid plans can go awry

Have a written plan for what to do when things

go wrong

Inform management and key decision makers

of potential violations

Act quickly and report immediately to respective

authorities

Document actions

And just in case, have a good lawyer!

WWW.SGS.COM

© S

GS

Gro

up

Ma

na

ge

me

nt

SA

– 2

01

5 –

All r

igh

ts r

ese

rve

d -

SG

S is a

re

gis

tere

d tra

de

ma

rk o

f S

GS

Gro

up

Ma

na

ge

me

nt

SA

Documents

CONECT - c.ymcdn.comc.ymcdn.com/sites/ · CONECT CPSIA Louann Spirito Director Technical Support – Softlines September 29, 2016