cpsia product testing: 10 things you must do before 2…expo.ppai.org/sessions/handouts/10 things...

Susan DeRagonSpecialized Technology Resources

Anne LardnerPromotional Products Association International

MAS ‐ 1.5 pts Tuesday, January 12

1:30 ‐ 3 pm

CPSIA Product Testing: 10 Things You Must Do Before 2/10/2010

The views and opinions expressed by presenters or others who have provided materials to and for this meeting are not necessarily those of PPAI. PPAI assumes no responsibility for, nor endorses, any of the comments, recommendations or materials that are provided.

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CPSIA Product Testing:10 Things You Must Do Before

2/10/20102/10/2010

Presenters: Susan DeRagon, STRAnne Lardner, PPAI

Date: January 12, 2010Time: 1:30 – 3:00 PM

Top 10 ThingsLearn about CPSIADetermine which of your products are affected Understand applicable tests for your regulated productDetermine best way to incorporate tracking labelThink about costs associated with complianceThink about costs associated with complianceEducate employees Establish a relationship with a testing lab Share this information with your suppliersShare this information with your overseas partnersEstablish a method to track of all testing results

Learn About CPSIA

• Enacted on August 14, 2008• Applies to all CPSC-regulated consumer products• Comprehensive overhaul of consumer product safety• Comprehensive overhaul of consumer product safety

rules• Compliance is mandatory

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Relevant Definitions

• Consumer Product – any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent orenjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation or otherwise

• Children’s Product - a product designed or intended primarily for use by children 12 years of age or younger

• Children’s Toy - a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays

CPSIA: Product Safety Provisions

• Section 101 – Children’s Products Containing Lead; Lead Paint Rule

• Section 102 – Mandatory Third Party Testing for Certain Children’s Products; General Conformity CertificateCertificate

• Section 103 – Tracking Labels for Children’s Products• Section 105 – Labeling Requirements for Advertising

Toys & Games• Section 106 – Mandatory Toy Safety Standards• Section 108 – Prohibition on Sale of Certain Products

Containing Specified Phthalates

Reasonable Test Program

• Five Essential Elements– Product specification including applicable safety rules,

standards, etc. – Certification tests that demonstrate compliance with

the applicable safety rules, standards, etc. – Production testing plan – Remedial action plan (CAPA)– Documentation of your reasonable test program and

how it is implemented

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• Minimum annual testing is “strongly encouraged”• Should be performed by CPSC-recognized lab• More frequent testing is “encouraged” when non-

compliance presents a substantial product hazardChanges in production may also necessitate either more

Testing Frequency

• Changes in production may also necessitate either more frequent testing, or completely new certification tests

• Test samples should be randomly selected

• For small volume production– Test every 10,000 pieces produced– Changes in production may still necessitate either more

frequent testing, or completely new certification tests

Testing Frequency

• Consumer Product Safety Commission: www.cpsc.gov

• Product Safety powered by PPAI:

Get Informed, Stay Informed

http://www.ppai.org/Member/productsafety.aspx

• Specialized Technology Resources:www.STRQuality.com

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What Products Are Affected?

• Any product regulated by the CPSC– Flammable Fabric Act– Federal Hazardous Substances Act– Consumer Product Safety Act

Regulations in Title 16 CFR Parts 1602 – 1632

• 1610 – Clothing Textiles / Wearing Apparel• 1611 – Vinyl Plastic Film• 1615/1616 Children’s Sleepwear

Flammable Fabrics Act (FFA)

• 1615/1616 – Children s Sleepwear• 1630/1631 – Carpets and Rugs• 1632 – Mattresses and Mattress Pads

Regulations in Title 16 CFR Parts 1500 - 1513• 1500 – Hazardous Substances / Toys and Other Articles

Intended for Use by Children• 1501 – Small Parts (Children < 3 years)

Federal Hazardous Substances Act (FHSA)

• 1505 – Electrically-Operated Toys• 1507 – Fireworks Devices• 1508/1509 – Baby Cribs• 1510 – Rattles• 1511 – Pacifiers• 1512 – Bicycles• 1513 – Bunk Beds

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Regulations in Title 16 CFR Parts 1101 – 1406• 1202 – Matchbooks• 1203 – Bicycle Helmets• 1204 – Antennas

Consumer Product Safety Act (CPSA)

• 1205 – Lawnmowers• 1207 – Swimming Pool Slides• 1210 – Cigarette Lighters• 1212 – Multi-purpose Lighters• 1303 – Lead-Containing Paint

Children’s Product

• CPSIA Factors in determining children’s product:• A statement by a manufacturer about the intended use of

such product, including a label on such product if such statement is reasonable.

• Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by childrenpromotion, or advertising as appropriate for use by children 12 years of age or younger.

• Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

• The Age Determination Guidelines issued by the Commission staff (http://www.cpsc.gov/BUSINFO/adg.pdf)

Other Factors to Consider

• Size and Shape • Materials Used• Number of Parts• Motor Skills Required

Classic Prod ct• Classic Product• Colors• Cause & Effect• Sensory Elements• Level of Realism/Detail• Licensing/Theme

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Promotional Product Challenges

Factors to consider include…

• Distribution method• Marketing• Logo and Theme

Understand Applicable Tests• It is your responsibility to determine which

regulations apply to your product, and ensure product complies, before putting it on the market

• Any changes made to a certified product, such as adding artwork or logo, may require additional testing, certification, and tracking label markings.

Promotional Product Categories

• Apparel

• Houseware/drinkware

• Children’s products

• Writing instruments

• Electronics

• Jewelry

• Luggage/bags

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Apparel

• Federal Regulatory Requirements– Flammable Fabrics Act

• 16 CFR 1610 – Clothing Textiles• 16 CFR 1615/1616 – Children’s Sleepwear

Fiber Identification Act– Fiber Identification Act– Care Labeling Regulations

Houseware/Drinkware

• Federal Regulatory Requirements– Food & Drug Administration regulations

• 21 CFR – applicable extraction dependent on material

• FDA Guidelines 7117.06 & 7117.07 - ceramicware

If children’s product, additional tests could apply (use and abuse, flammability, lead)

Children’s Products

• Federal Regulatory Requirements– Federal Hazardous Substances Act– Ban on Lead-Containing Paint (CPSA)– CPSIA Lead Content– ASTM F963-08– CPSIA Phthalates Ban– CPSIA Tracking Label

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Writing Instruments

• Federal Regulatory Requirements– LHAMA, ASTM D4236– CPSC Guidance for extractable lead

• Art materials (crayons, colored pencils, etc.)


Electronics

• Federal Regulatory Requirements– FCC requirements – Mercury-containing Battery Management Act

• UL (or CSA or ETL) Standards


Jewelry

• Federal Regulatory Requirements– Adult Jewelry – 16 CFR 23– Children’s Jewelry – CPSIA Lead Content

If ‘toy’ jewelry, additional tests could apply (use and abuse, flammability, lead in paint, phthalates)

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Luggage/Bags

• Federal Regulatory Requirements– None!! …for adult items

• Unless intended to hold food (FDA)– For children’s bags, standard CPSIA

requirements applyrequirements apply

Tracking Label Requirement• Applies to all Children’s Product manufactured as of

August 14, 2009• Requires permanent, distinguishing marks on the

product (to the extent practicable) and packagingM f t i t l b l– Manufacturer or private labeler name

– Location of production– Date of production– Other information (batch, run number, sources)

Practicability of Tracking Labels

• CPSC has not specified type size, location or format of tracking label

• Determining if it is practicable to include the tracking label on product is a challenge in itself, and factors such as size of the product, material, and manufacturing techniques must be considered.

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Tracking Label Requirement

• The overall purpose is to enhance recall effectiveness– Keep this purpose in mind when considering what

information to include on a tracking label

• Tracking labels will provide information to help a manufacturer target the problem and initiate an effective corrective action program, and allows recalled product to be identified and pulled from the marketplace

Tracking Label Considerationsfor Promotional Products

• If you produce a children’s product, tracking label information is required

• If you purchase a children’s product ensure that• If you purchase a children s product, ensure that supplier has included tracking label information

• Depending on changes made to a product, additional tracking label markings may be appropriate

PPAI Tracking Label System

• PPAI has developed an electronic system for maintaining the tracking label information with a URL code on the product and packaging itself.

• Additional details on this system are available through PPAI.

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Think about CostsAssociated with Compliance

• Compliance is mandatory, although third party testing may not be

• But how does one determine compliance without testing?testing?– Rely on factory certificates?– Accept factory test reports?– Allow supplier testing?– Accept raw material testing?

• Manufacturer can rely on third party test data from component manufacturer or supplier, provided:– The testing meets all CPSC requirements– That there has been no material change in the

component since testing was performed

Component Testing

component since testing was performed– That nothing in the manufacturing process would

have affected test results of the component– That traceability is evident

• If Manufacturer is relying on third party test data from component manufacturer or supplier, they should:– Keep detailed records of purchases and lot and

batch records

Component Testing

– Perform some production testing

• Manufacturer is ultimately responsible for product compliance

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• Finished components not yet assembled to finished product may be tested separately for certain tests– Lead content– Phthalates

Lead in paint

Component Testing

– Lead in paint

• Mechanical or Flammability in most cases will require finished product to test


If you are a Domestic Manufacturer or Importer of Record…

• You must issue the GCC or COC for CPSC-regulated product

Request copy of associated test reports or other proof– Request copy of associated test reports or other proof of compliance

If you are a Distributor…• Require supplier to ensure in writing that all products are

in compliance– Request GCC or COC for CPSC-regulated product– Any changes to certified product may require

additional testing and certification


• Where third party testing is mandatory (primarily Children’s Products)– Use CPSC accredited laboratory– Determine a ‘reasonable test program’

For imported product testing performed in country of manufacture– For imported product, testing performed in country of manufacture is typically less expensive than testing performed in US

– Include estimated testing costs in cost of your product– Remember to include time for testing into your product

timeline– Testing of the ‘blank’ is often the responsibility of supplier

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Educate Employees

• Provide internal training

• Participate in external webinars such as PPAI’s

• Attend appropriate industry conferences

• Sign up for e-mail alerts through CPSC, PPAI, STR

Employees Should Know…

• Indirect Import - ask for test report, and certificate if required, on product you are purchasing.

• Direct Import - and it is your letter of credit - you are directly responsible for product compliance and are considered the manufacturer of record by the CPSC.considered the manufacturer of record by the CPSC.

• Domestic Purchase - whoever introduces the product into commerce is responsible, and again you should obtain a report, and certificate if required, from your domestic supplier confirming compliance.

Establish A Relationship With A Testing Lab

• Mandatory third party testing for all children’s product –stay of enforcement to be lifted February 10, 2010

• CPSC has list of accredited laboratories on their website, www cpsc govwww.cpsc.gov

• Many labs have global locations• Establish relationship

– volume discounts– priority testing– understanding of entire product line and business

model

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Mandatory Third Party Testing of Children’s Products

• Currently Required– Lead in Paint– Cribs– Pacifiers– Small Parts– Lead in Children’s Metal Jewelry


• Required once Stay of Certification and Testing is lifted (expected to be 2/10/10)– Youth Bicycles– Youth Bicycle Helmets– Bunk Beds– Rattles– Dive Sticks– Lead Content


• Required after Stay is lifted and 90 days after CPSC publishes laboratory accreditation requirements– Youth All Terrain Vehicles– Baby Walkers and Bouncers– Caps and Toy Guns– Youth Carpets and Rugs– Clacker Balls– Children’s Sleepwear, and…

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– Durable Nursery Products– Electrically Operated Toys– Youth Mattresses– Phthalates– Phthalates– Small Balls and Marbles– Youth Swimming Pool Slides– Toys (ASTM F963)– Flammability of Vinyl Plastic Film– Flammability of Youth Wearing Apparel

Laboratory Services

• In addition to finished product testing, some labs offer additional services such as– Design hazard assessment– Factory audit – quality controls and social

compliance– Raw materials qualification– In-process inspections of product and

manufacturing– Final random inspection of product– Regulatory consulting

Make Sure Your Suppliers Are Up To Speed With New Requirements

• Share CPSIA information• Advise required regulatory requirements

B l ith t ti• Be clear with your expectations• Determine what you will accept as proof of

compliance• Domestic manufacturers should provide

Certificate of Compliance

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• Certificate of Compliance, also called General Conformity Certificate, is required for all products subject to a consumer product safety rule enforced by the CPSC.

• Certificate must be based on testing of each product

Certificates of Compliance

gor a “reasonable testing program.” The certificate must specify the applicable rule, ban, standard or regulation.– For products manufactured overseas, the Certificate must be

issued by the importer of record. – For products produced within the US, the Certificate must be

issued by the U.S. manufacturer.

Share Information With Your Overseas Partners

• Share CPSIA information• Advise required regulatory requirements• Be clear with your expectationsy p• Determine what you will accept as proof of

compliance• Certificate of Compliance may be needed to

import product into the US

How Will You Keep Track of Testing Results?

• Certificates of Compliance for each CPSC regulated product should be readily available

• If you issue the Certificate, back-up documentation such you ssue e Ce ca e, bac up docu e a o sucas test reports or certificates of analysis should be kept with the COC

• Electronic certificates are acceptable

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• PPAI: www.ppai.org• Product Safety powered by PPAI:

http://www.ppai.org/Member/productsafety.aspx• Consumer Product Safety Commission:

www.cpsc.gov ; www.recalls.gov• American National Standards Institute

Resources

• American National Standards Institute www.ansi.org or www.astm.org

• Specialized Technology Resources:www.STRQuality.com

This information is being furnished by PPAI for educational and informational purposes only. The Association makes no warranties or representations about specific dates, coverage or application. Consult with appropriate legal counsel about the specific application of the law to your business and products.

Q & A Session

Contact

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