CPSIA: 2010 Update and a Look Ahead to · PDF fileCPSIA: 2010 Update and a Look Ahead to 2011 ... Tracking Labels: more practical Children’s Product Interpretive Rule Civil Penalties

CPSIA: 2010 Update and a Look Ahead to 2011A report and discussion of recent updates affecting the toy industry

December 8, 2010

CPSIA: 2010 Update and a Look Ahead to 2011A report and discussion of recent updates affecting the toy industry

December 8, 2010

December 8, 2010Slide 2

Today’s Presenters

Moderator: Ed Desmond

Presenters: Joan Lawrence and Rick Locker

Joan LawrenceTIA Vice President,

Standards and Government Affairs

Frederick B. (Rick) Locker

TIA General Counsel

Ed DesmondTIA Executive Vice President,

External Affairs


CPSIA: 2010 Update and a Look Ahead to 2011

Objective

During this webinar – which is part of an ongoing series of CPSIA educational sessions – representatives of TIA's government affairs team will provide an update on the Consumer Product Safety Improvement Act (CPSIA) and answer questions about recent activities, the current (and future) status of the law and its various implementation requirements.



Overview of Webinar presentation

– Summary of topics to be covered– Update on congressional activity related to the CPSIA– Update on past, present and future CPSC/TIA activities

– Updates on important industry-related CPSIA provisionshistorical perspective – current activities – look ahead to 2011

• Status of ASTM standards and harmonization efforts• Lead, phthalates, and other provisions

– Question and Answer Session.



TIA submitted industry comments on seven (7) CPSIA provisions in 2010

– Industry obtained favorable rulings from the U.S. Consumer Product Safety Commission (CPSC)

– Examples of Issues Addressed:

• Definition of “Children's Product”• Creation of CPSC Consumer Database• Reduction of lead limits on accessible toys and parts material to 100 parts per million

(as of February 10th, 2011) • Alternative Test Rule• Component Part Testing

In 2011– Review of ASTM F963 required under Section 106– Other industry issues

.

Overview of Relevant Federal Activities

Ed Desmond


TIA’s Congressional Activity Regarding CPSIA

TIA staff and member company reps met with policymakers and staff throughout 2010 to highlight CPSIA implementation issues

– TIA’s DC Fly-In focused on CPSIA implementation

House and Senate hearings held in 2010; legislation considered in the House

Republican control of House; increased interest by Senate Democrats = likely CPSIA legislation in 2011

– CPSC possibly given increased flexibility to grant exemptions

– Impacted industries expressing concern over database rule

Ongoing participation in National Association of Manufacturers (NAM) CPSC Coalition


TIA’s Outreach to CPSC

TIA staff keeps CPSC staff updated on developments regarding industry issues and industry perspective on Commission actions– TIA is engaged in ongoing communication with CPSC Chairman,

Commissioners and staff • Chairman Tenenbaum at Toy Fair in February• Commissioner Adler at DC Fly-In in May• Commissioner Adler to toy company factory tour in August • Commissioner Nord to TIA Offices in September

– In the past two years, TIA has submitted to the CPSC 21 sets of substantive toy industry comments on CPSIA issues (view online)

– TIA staff attends and/or participates in CPSC meetings


CPSIA Activities Going Forward

TIA’s approach on CPSIA issues heading into 2011:

– Continue seeking favorable CPSC rulings on implementation issues (TIA comments; meetings)

– Continue dialogue with chairman, commissioners and staff

– Continue educating Congress on implementation issues and impact on industry

– Participate in review/revision of ASTM F963 (as required under CPSIA)

Explore opportunities with new CPSC Small Business Office

CPSIA Update and Outlook for 2011:Status of ASTM standards and harmonization efforts(Section 106)

Joan Lawrence


CPSIA Requirements for ASTM F963 Toy Safety Standard (1 of 3)

February 2009 – ASTM F963-07-e1 version* became a mandatory consumer product safety rule under CPSIA (Section 106)

ASTM standard was subsequently revised as part of ongoing review and revision process; in August 2009, ASTM F963-08 version became mandatory

* Under CPSIA, flammability sections of F963 (Section 4.2 and Annex 4) are not part of the standard that is a mandatory consumer product safety rule.


CPSIA Requirements for ASTM F963 (2 of 3)

Review of ASTM F963: Section 106(b)(1) of the Act directs the CPSC, in consultation with representatives of consumer groups, manufacturers, and independent child product engineers and experts, to examine and assess the effectiveness of ASTM F963* as it relates to safety requirements, safety labeling requirements, and test methods related to:(A) magnets in children’s products;(B) toxic substances;(C) toys with spherical ends;(D) hemispheric-shaped objects;(E) cords, straps, and elastics; and(F) battery-operated toys.

* except for section 4.2 and Annex 4


CPSIA Requirements for ASTM F963 (3 of 3)

CPSIA further requires, within one year of the completion of the assessment, that the Commission promulgate rules that: (A) take into account other children’s product safety rules; and(B) are more stringent than such standards, if the Commission

determines that more stringent standards would further reduce the risk of injury of such toys.

In accordance with CPSC, in May 2010, CPSC provided a report of the staff’s review of ASTM F963, citing areas for potential review and revision.


Changes in ASTM F963-08which became mandatory in August 2009

New requirements for yo-yo elastic tether toys Enhancements to the magnets requirements – small parts and adding use

and abuse testing Requirements to address impaction hazards associated with certain nail-

and screw-shaped toys Reiteration of Toy Chest requirements was removed; separate ASTM

Toy Chest standard was referenced only** Enhancements to the flammability* standards and acoustics standards

* Under CPSIA, flammability sections of F963 are not part of the standard that is a mandatory consumer product safety rule.

** In the 08 version, CPSC approved all changes except the removal of the Toy Chest requirements.


Areas outlined in May 2010 CPSC assessment under the CPSIA (1 of 2) Sect 3.1.33-34

and 5.16 Magnets requirements, testing and labeling Sect 4.2 and

Annex A4 and A5 Flammability Sect 4.3.1 and 8.2 Hazardous substances Sect 4.3.2 Manufacturing and packaging of food Sect 4.3.5.2 Heavy metals Sect 4.3.6 Cosmetics, liquids, pastes, putties,

gels and powders, etc. Sect 4.3.6.1 Water used in the manufacturing

and filling of toys (purity) Sect 4.3.8 Phthalates in pacifiers rattles and teethers

(test method)


Areas outlined in May 2010 CPSC assessment under the CPSIA (2 of 2) Sect 4.14.1

and 4.14.1.1 Cords, straps and elastics Sect 4.14.3 Cords on pull toys Sect 4.14.5 Cords on toy bags intended for children up to 18 mos. Sect 4.25.8-9 Heating/Combustion, safe battery usage Sect 4.32.1-2

and 4.32.3.1 Impaction hazards, toys with spherical ends (requirements and test req.) and preschool play figures

Sect 8.4.1-2 Cleanliness of materials; Preservative effectiveness Sect 8.5 Normal use testing Sect 8.20.2.4 Measurement of Impulsive sounds Sect 8.23.1 Test method for yo-yo elastic tether toys


Areas under review for potential revision*in next edition of F963*

Impaction hazards – continued refinement of requirements passed in ‘08 version (toys w spherical and semi-spherical or bulbous ends on narrower shaft)

Other miscellaneous issues (stability of toy seats, plastic film, squeeze toys, etc.)

Areas outlined in CPSC assessment of May 2010 (required under CPSIA) with at least one change by May 2011

Batteries (lithium ion, etc.) Projections Projectiles Folding mechanisms Yo Yo Elastic Tether Toys

Flammability* Jaw Entrapment Toy Chests Magnets Heavy metals

*Subject to ASTM ballot approval; estimated next approval and publication 1st half of 2011


ASTM F963 Toy Safety Standard

New work groups recently created/reinstituted (volunteers invited to participate):– Harmonization (alignment or convergence of standards)

e.g. heavy metals, etc.

– Heavy metals

– Acoustics

– USP references


Harmonization of Toy Standards

Harmonization of standards– CPSIA Section 106 calls for review of other standards to look for

areas of potential alignment. – For several years, a continuing effort of ASTM toy safety

committee – to look for opportunities for harmonization– International industry – Support of the concept from international regulators; sharing of

information (ICPSC, CPSC, others)– ISO, CEN and ASTM toy technical committees working closely – Efforts to harmonize proactively … before standards are written

CPSIA Update and Outlook for 2011:Lead, phthalates and other provisions

Rick Locker


CPSIA Timetable

(102) Third Party Certification

(104) Durable Products Registration

(214) Recall Notices

(217) Civil Penalty Factors

(222) Imported Products Risk Assessment

(223) Substantial Product Hazard

Periodic, As Necessary or OtherTimed

Deliverable

(101) Lead Paint

General Conformity Assessment

(103) Tracking Labels

(105) Labeling/Advertising

(106) Mandatory Toy Standard

(108) Phthalates

(232) ATVs

2008200820092009 20102010

2011201120122012

Sep Oct Nov DecJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec


TIA Actions Have Helped

On demand rather than per shipment acceptance of certifications for

government, retailers and distributors

Stay of Enforcement of Testing and Certification granted until

February 10, 2011

“Good Faith” Enforcement Policy on lead content and phthalates

Exclusion of many materials altogether from testing requirement

Practical approach to marking products and packaging with tracking

data, recognition of existing schemes of marking under other federal

requirements and "Good Faith" Enforcement Policy


Many Industry Action Items Remain

Exclusion of additional materials from testing and certification for both lead and phthalate testing

Acceptance of component part testing for certain parts and materials, if not excluded altogether

Rational health risk-based policies for excluding materials from lead requirements when there is no human health risk (legislative issue so far)

Defining when reduction to 100ppm lead limit will not be feasible for certain toys and materials: Comments filed on need to address variability in testing and metal alloys

Defense of ASTM F963 interpretation discretion and definitions of toys: CPSC Meeting to promote


Recent Activities and Decisions

ASTM F963 Toy Safety Standard (previously discussed by J. Lawrence)

Lead in Paint and in Surface Coating Materials

Phthalates: CHAP at work: Interpretations remain to be better

defined; Stay on testing and certification

Tracking Labels: more practical

Children’s Product Interpretive Rule

Civil Penalties Increase


It’s … NOT … a … toy … ???


COLLECTOR TOY vs. TOY


Art Materials……………


Lead: Limits Lowered (as of August 14, 2009)

Section 101(a)– Total Lead Limits

• August 14, 2009 300 ppm• August 14, 2011 100 ppm (if technologically feasible)

– Paint limits • August 14, 2009 dropped from 600 ppm to 90 ppm

Electronics components: Final rule allows >600 ppm in certain cases; ROHS


Lead: From Risk to Release-Based Assessment Model

Federal Hazardous Substances Act (FHSA)– Estimates of lead intake and the subsequent effects of the

exposure on the child were the basis for regulation– FHSA Exposure model used for cadmium in jewelry

Under the CPSIA, an exclusion may be granted if lead in such product or material will neither:– Result in the absorption of any lead into the human body, nor– Have any other adverse impact on public health or safety


Lead: Expansion of Excluded Materials

CPSC Final Rule on Children’s Products Containing Lead: Determinations Regarding Lead Content Limits on Certain Materials or Products

Listed materials are excluded provided that they have neither been treated or adulterated with the addition of materials that could result in the addition of lead

Precious gemstones Printing inks that use the CMYK process

Semiprecious gemstones and other minerals

Textiles (natural and manufactured fibers)

Natural or cultured pearls Other plant- and animal derived materials

Wood Surgical steel and other stainless steel

Paper and similar materials Precious metals


Lead: Accessibility

CPSC Final Rule on Children’s Products Containing Lead: Interpretative Rule on Inaccessible Component Parts

Adopts existing use and abuse test methods for determining whether a product or part could be handled or touched

– CPSC agreed that in products that are effectively sealed so that there is no point of entry to any internal parts that contain lead, the use of probes would not be necessary to demonstrate that the parts are not accessible unless:

• Fabric covered• Less than 5 cm (capable of insertion into the mouth)

Most, but not all Compact Disks and DVDs, are excluded


Lead: Remaining Testing Issues

Which products or components have lead content more than 600 ppm, or 300 ppm, or 100 ppm?

Which lead-containing components are inaccessible?

What defines inaccessibility for products for children within different age groups through age 12?

What test methods may be used to assess inaccessibility?

What products already comply with other standards or regulationsfor lead content?

For electronic devices: Is it technologically feasible to meet the lead content limits and timetable?


Phthalate: Guidance and Enforcement Policy

CPSC issued draft guidance for determining which products are subject to the phthalate limits– CPSC Staff will follow the ASTM F963 definition of “toy”

Until the guidance is finalized, CPSC intends to focus enforcement efforts on bath toys and other small plastic toys (especially PVC) that are intended for young children and can be placed in the mouth

New FR Notice shortly to allow “part” testing as per EU and exclude materials from testing altogether


Phthalate: Component Testing

Statement of Policy on Testing of Component Parts with Respect to Section 108 of the CPSIA

– Cost efficient alternative to composite testing (which calculates phthalates as a percentage of the total weight of the whole product)

– Facilitates the separation of materials that do not need to be tested together

TIA has requested CPSC confirmation that all products that have been produced in accordance with existing CPSC test requirements– could continue to be legally sold– Limit applicability to accessible parts– Urged an aligned regulatory approach with the EU


Testing Procedures (Lead/Phthalates)

CPSC Standard Operating Procedure for measuring lead in metal parts

CPSC Standard Operating Procedure that it plans to use in determining phthalate content

– Does not define toys, but ASTM Toy standard does.

CPSC adopted a TIA-recommended Standard Operating Procedure to allow composite lead paint and substrate testing

CPSC agrees with TIA on representative sample and component supplier testing in lieu of finished products testing


Civil Penalties

August 14, 2009– Maximum civil penalty amounts increased from $8,000 to

$100,000 for each knowing violation under the CPSA, FHSA, and FFA

– Maximum penalty amounts for any related series of violations increase from $1,825,000 to $15,000,000

– No recent Civil Penalties yet assessed under new limits

– CPSC issues Final Interpretative Rule on Civil Penalty Factors(16 CFR Part 1119)


Broader Reporting Requirement

As of October 2009, manufacturers, importers, distributors and retailers must report to CPSC immediately if they obtain information that their product fails to comply with a standard or ban under any Act enforced by the Commission, e.g.,

– if lead limits are exceeded,– phthalate limits are exceeded, or – a toy fails to comply with the mandatory version of ASTM F963


Tracking Labels

Most children’s products that are manufactured or imported after August 14, 2009 will have to bear permanent, distinguishing marks on the product and the packaging, to the extent practicable, that will permit the ultimate purchaser to determine the manufacturer, date and place of production, and “cohort” information

– Flexible approach under recently issued Guidelines– TIA submitted extensive comments– CPSC flexible approach on ability of Consumers to “Ascertain”

production data from manufacturers.

Question and Answer Session

Moderator: Ed Desmond


CPSIA Webinar Series: Q and A

Two options

– Use the Q&A Option on your LiveMeeting navigation bar

– Send an e-mail to [email protected]

Next Steps

Ed Desmond


CPSIA Webinar Series

Ongoing series of webinars planned for 2011– Each session will focus on a particular Rule or issue– Interactive, in-depth discussion of each issue

Watch for additional information in member communications and on the TIA website (education.toyassociation.org)

All TIA webinars are recorded for future playback


Resources

www.toyassociation.org– CPSIA Resource Page– Education and Training Services – The Toy Biz (research, reports and statistics)– Press Room (news items on standards, legislation and more)– Members Only Bulletins (Legislative, Safety, etc.)

www.ToyInfo.org– Consumer-facing website

Thank you for participating!

For more information on the CPSIA, please visit the TIA resource page: cpsia.toyassociation.org

For more information in TIA’s education programs, please visit: education.toyassociation.org

Documents

CPSIA: 2010 Update and a Look Ahead to · PDF fileCPSIA: 2010 Update and a Look Ahead to 2011 ... Tracking Labels: more practical Children’s Product Interpretive Rule Civil Penalties