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CPSC Extends the Stay of Enforcement on Testing and Certification Requirements for Many Children's Products—New Flexibility on Component Parts
Additionally, the Commission voted 4-1 to extend the stay on certification and third party testing for children's products subject to lead content limits until February 10, 2011. Under this decision, products must still meet the 300 ppm lead limit now, but certification and third party testing to show compliance will be required for all children's products manufactured after February 10, 2011. A children's product is one that is primarily intended for children 12 and younger.
The stay will end on February 10, 2010 for four children's products: bicycle helmets, bunk beds, infant rattles, and dive sticks. These children's products, manufactured after February 10, 2010, will be required to have certification based on independent third party testing. The testing must be conducted by a laboratory recognized by CPSC.
Unchanged is the current independent third party testing and certification required for all children's products subject to the following consumer product safety rules:
• The ban on lead in paint and other surface coatings
• The standards for full-size and non full-size cribs and pacifiers
• The ban on small parts
• The limits on lead content of metal components of children's jewelry
Component Testing Adds Flexibility to Compliance
Significant to domestic manufacturers, crafters, and U.S. importers, the Commission has also voted unanimously (5-0) to adopt an interim enforcement policy allowing component part testing. Under this policy, domestic manufacturers and importers now have a choice in certifying their products. As before, they can send samples of the entire children's product out for independent third party testing. Now they can certify their products as meeting lead paint and lead content limits in the following ways:
Lead in Paint
• Have test reports from recognized independent third party testing labs showing that each paint on the product complies with the 90 ppm lead paint limit.
OR
• Have certificates from paint suppliers declaring that all their paint on the product complies with the 90 ppm lead limit based on testing by recognized independent third party testing laboratories.
Lead content
• Have test reports from recognized independent third-party testing labs showing that each of the accessible component parts on the product complies with the 300 ppm lead limit.
OR
• Have certificates from part suppliers declaring that all accessible component parts on the product comply with the 300 ppm lead limit based on testing by recognized independent third party testing laboratories.
Most fasteners, such as buttons, zippers, and screws, sold by themselves are not considered children's products and would not have to comply with the lead limits or be certified. However, the same fasteners must meet the lead limits if they are used on a children's product. Voluntary certification by suppliers of component parts would make them more beneficial to manufacturers who use them in children's products.
Any person who issues a false certificate is subject to penalties.
CPSC is working to provide manufacturers and importers with clarity on the Consumer Product Safety Improvement Act (CPSIA) and their responsibilities to comply with the law. The agency intends to implement the law in a firm but fair manner in order to build consumer confidence, keep children safe and keep businesses open and competitive.
While the stay of enforcement remains in effect for the certification and testing requirements for certain products, all products must comply with the safety standards and bans of the law, including the limits for lead content, lead paint, the ban on certain phthalates and the ASTM F-963 mandatory toy standard. For more information visit http://www.cpsc.gov/cpscpub/prerel/prhtml10/10083.html.
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