News
- CAF Product Standards bulletin
- 2/17/2009
CAF Product Standards bulletin – US Product Standards regulations
Companies selling into the United States have been struggling to understand provisions of the Consumer Product Safety Improvement Act (CPSIA), since that law was enacted in August 2008. Recent announcements from the U.S. Consumer Product Safety Commission (CPSC) have served to confuse many companies, especially childrenswear firms attempting to meet new standards concerning lead.
Beginning last November virtually all apparel sold in the US was covered by some aspect of the CPSIA. New standards for children’s products which took effect last week, and seemingly contradictory policy statements have added to the confusion. Companies selling in the US, especially childrenswear companies, should take note of new provisions. This newsletter deals with:
1. General Certificates of Conformity
2. Childrenswear – new lead limits standard - changes to enforcement policy
3. Phthalate content - reversal of previous rule
4. Other provisions
The U.S. CPSC has published a number of documents in recent days which exporters (especially childrenswear firms) should have on file.
1. Stay of Enforcement
2. STATEMENT OF COMMISSION ENFORCEMENT POLICY - LEAD LIMITS
3. Guidance on the CPSIA for Small Businesses
General Certificates of Conformity – application to general wearing apparel
The CPSIA regulates all consumer products sold in the United States, with few exceptions. It requires that manufacturers/importers of consumer products certify that the product meets all applicable CPSC standards/regulations. This is accomplished by a general certificate of conformity which is issued by a consumer product manufacturer/importer and made available to the US buyer and the Consumer Product Safety Commission.
As an example, an importer of cotton shirts into the United States would need to determine whether the product met the provisions of the Flammable Fabrics Act. The certificate of conformity documents this compliance. This requirement that manufacturers/importers certify conformity came into force in November 2008. The requirement for general certificates of conformity was suspended as part of a stay of enforcement issued by the Consumer Product Safety Commission (CPSC) on January 29, 2009. The Federal Register notice implementing the stay of enforcement indicates that the requirement for a general certification of conformity is suspended until February 10, 2010, with the exception of the following products:
• lead paint (effective for products manufactured after December 21, 2008),
• full-size and non-full size cribs and pacifiers (effective for products manufactured after January 20, 2009),
• small parts (effective for products manufactured after February 15, 2009), and
• metal components of children’s metal jewelry (effective for products manufactured after March 23, 2009)
Please note the CPSC’s comment: "This stay will remain in effect until February 10, 2010, at which time the Commission will vote to terminate the stay. This stay does not alter or postpone the requirement that all products meet applicable consumer product safety rules as defined in the CPSA or similar rules, bans, standards, or regulations under any other Act enforced by the Commission." Therefore, in the example above the cotton shirt must still meet the flammability requirements, but no certificate of conformity needs to be furnished to the US buyer or the CPSC.
The bottom line is that the vast majority of consumer products, including apparel will not need a general certificate of conformity until February 2010.
Childrenswear - lead limits
For children’s products the CPSIA establishes new, lower limits [600 parts per million (PPM)] for the amounts of lead in children’s products, effective February 10, 2009. Info on these provisions is available from the Consumer Product Safety Commission (CPSC):
• Summary of Lead Provisions
• FAQs on Children’s Products Containing Lead;
The CPSC issued a Stay of Enforcement for testing and certification requirements earlier this month. Following an outcry from small manufacturers regarding the complexity and ambiguity of the testing requirements, the CPSC issued its stay of enforcement which removes the requirement that extensive testing be done, and that certificates of conformity be prepared.
However, it does not change the requirement that product on store shelves must meet the new lead standard that came into force last week (February 10th). It is now unlawful to sell in the US virtually any consumer product (including apparel) intended for use by children under 12 that exceeds 600 ppm lead.
In addition, the CPSC issued on February 6th a statement outlining its enforcement policy. It includes the following:
The Commission staff has begun to identify classes of children’s products whose lead content appears to fall consistently below the prescribed limits. The staff is not aware of a single documented case in which a product falling within one of the following classes contained total lead above 300 ppm:
• Dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other children’s fabric products such as baby blankets. This class does not include such products if: (l) they have undergone further treatment that may impart lead (2) they are ornamented with metal, rhinestones or other objects; or (3) they have plastic or metal fasteners with possible lead content (such as snaps, grommets, zippers, or buttons)
In addition, A news release accompanying the statement outlines the following:
Manufacturers, importers, distributors, and retailers should also be aware that CPSC will:
• Not impose penalties against anyone for making, importing, distributing, or selling a children’s product to the extent that it is made of certain natural materials (pdf), such as wood, cotton, wool, or certain metals and alloys which the Commission has recognized rarely, if ever, contain lead; or
• dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other fabric products, such as baby blankets.(The Commission generally will not prosecute someone for making, selling or distributing items in these categories even if it turns out that such an item actually contains more than 600 ppm lead.)
It also states that:
• Sellers will not be immune from prosecution if CPSC’s Office of Compliance finds that someone had actual knowledge that one of these children’s products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice. Agency staff will seek recalls of violative children’s products or other corrective actions, where appropriate.Phthalates – Enforcement of new provisions made retroactive
In addition to the provisions regarding lead, manufacturers need to also ensure that their products do not contain certain banned phthalates, a class of chemicals used in vinyl/PVC. The provisions concerning phthalates relate to toys and “child care articles,” which include products that a child three and younger would use for sleeping, feeding, sucking or teething. For more detail on products that might be covered, consult the CPSC General Counsel’s letter on this subject. The CPSC ruled previously that these new restrictions would not apply to goods in inventory prior to February 10, 2009. However a recent court decision has overturned that interpretation – all goods on shelves must comply with the new phthalate restrictions.Confusion
For both lead and phthalates retailers are concerned about goods received in advance of the new requirements, and in some cases before the law was passed by Congress. The stay of enforcement will likely ease some of the pressures, but the basic problems with the legislation remain unresolved, and the new standards are now in force. It is likely that, despite all the modifications from the CPSC, major retailers will continue to demand a clearly documented testing program be in place and in some cases they will continue to require certificates of conformity.
Manufacturers should attempt to meet the needs of their clients, because at this point retailers must be able to demonstrate that all product on the shelves is in compliance, and the legislation gives state Attorneys General considerable scope to enforce the law, regardless of the CPSC’s attempts to adopt more “lenient” enforcement policies.
Final resolution of these issues requires amendments to the legislation. There is a push to have Congress (not the CPSC) pass such legislation.
Sourcing
Manufacturers should be working to increase the level of information they have concerning their suppliers, especially providers of fasteners and screen printing. The CPSC has recognized that fabrics do not in themselves contain lead. However the Commission has identified fasteners as a source of lead contamination, and manufacturers should act accordingly, and eliminate potential problems as early as possible within the supply chain. All children’s products currently in production should contain components compliant with the new lead standard, preferably with the lower standard of 300 PPM that will apply in August, 2009. Companies should also not limit themselves to lead, but should address other issues at the same time and build these practices into their sourcing policies.