Consumer Product Safety Commission Improvement Act of 2008

October 29th, 2015 | Regulations

The Consumer Product Safety Improvement Act (the “Act”), which was enacted on August 14th, 2008 makes significant changes to current regulations and imposes many additional compliance requirements for companies that sell consumer products. Emphasis is placed on children’s products, toys and products with paint containing lead, phthalates, etc. A summary of key points is as follows:

1. General Conformity Certification- Effective November 12th, 2008. Every manufacturer (including importers) of a product which is subject to a consumer product safety rule under any act enforced by the CPSC and which is imported for consumption or warehousing or distributed in commerce, must issue a certificate stating that the product complies with all applicable CPSC rules. This then is not limited to just children’s products. The manufacturer, importer and private labeler (if applicable) each must certify either on joint or separate certificates, unless specifically exempted.

2. Children’s Product- The Act defines the term “children’s product” to mean a consumer product designed or intended primarily for children 12 years of age or younger.

3. Children’s Products Containing Lead/Lead Paint- -General Lead Ban: Any accessible part of any children’s product that exceeds the statutory limits is banned effective Feb 10, 2009. -Lead Paint Ban: The allowable lead limit is lowered to 90 parts per million for and affects products in inventory or on store shelves as of August 14, 2009.

4. Third Party Testing Requirement for Children’s Products- Every manufacturer ( including importer and private labeler) of any children’s product that is subject to a children’s product safety rule must have the product tested by an accredited 3rd party testing lab and issue a certificate of compliance. This rule will not apply to inventory that was manufactured before the effective date. Effective dates: Lead paint: Any Children’s product manufactured after 1/22/08 Small Parts: Notice not yet published, anticipated date is 2/13/09 Children’s Metal Jewelry: Notice not yet published, anticipated date is 4/12/09 All Other Children’s Product Safety Rules: Not yet published, anticipated date is 9/14/09.

5. Tracking Labels for Children’s Products- Effective 8/14/09 (for products manufactured on or after that date), the manufacturer of a children’s product must place permanent, distinguishing marks on the product and its packaging that will enable the manufacturer and the ultimate purchaser to ascertain the location and date of production of the product and cohort information.

6. Labeling Requirement for Advertising Toys and Games- Any advertisement by a company that provides a direct means to purchase a product for which a cautionary statement is required must include the cautionary statement. For advertisements on internet websites, the effective date is 1/12/09. For catalogues and other printed materials, the effective date is 2/10/09.

7. Mandatory Toy Safety Standards- ASTM International Standard F963-07 will be formally adopted by the CPSC on 2/10/09 and will affect consumer products manufactured after that date.

8. Prohibition on Sale of Certain Products Containing Specified Phthalates- Effective 2/10/09, the Act bans any children’s toy or child care article which contains more than 0.1 percent of six different types of phthalates.

We will continue to monitor new developments regarding this legislation. Please contact us for any additional details regarding these requirements.