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CPSC Issues Rule on Exemptions to Lead Limits in Children’s Products

July 15, 2013/in CPSC/by BillJ

On July 10, 2013, the US Consumer Products Safety Commission (CPSC) published in the Federal Register a final rule [Docket No CPSC-2009-0004] to amend its existing regulations pertaining to procedures and requirements for exclusions from lead limits under section 101(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA).

The CPSIA provides a “functional purpose” exemption from the lead limits of Section 101 (or lead in substrate material) of 100 ppm. This functional purpose exemption can apply to a specific product, class of products, type of material or component part.

To qualify for this functional purpose exemption the product, class of product, material or component part would have to require lead in excess of 100 ppm because it would not be practicable or technologically feasible to manufacture the product without lead in excess of the limit.

Exemptions can be issued based on how likely the product, class of product, material or component part could either be placed in the mouth, ingested or will have no measurable adverse effect on public heath, taking into consideration “normal and reasonably foreseeable use and abuse”.

If a party seeks exemption under this rule, they bear the “burden of proof” in demonstrating that product, class of product, material or component part meets the requirement of the exemption. The CPSC may base its decision solely on the materials presented by the party seeking the exemption and any materials received through the notice and hearing.

If an exemption is sought for the entire product or class of products then every accessible component or material must meet the criteria of the functional purpose exception.

If the CPSC grants an exemption for a product, class of products, material or component part they may; establish a new lead limit, place an expiration date on the exemption or establish a schedule after which the manufacture of the product, class of product, material or component part would be in compliance with existing lead limits.

The CPSC anticipates providing the public with staff guidance on the applicable procedures for requesting an exemption, which will be made available on the CPSC website. The effective date of this rule is July 10, 2013.

Ross Stores Agrees to $3.9 Million Civil Penalty, Internal Compliance Improvements for Failure to Report Drawstrings in Children’s Upper Outerwear

June 21, 2013/in CPSC, News/by BillJ

Release Date: June 21, 2013

Release Number: 13-224

WASHINGTON, D.C.-The U.S. Consumer Product Safety Commission (CPSC)

announced today that Ross Stores Inc., of Pleasanton, Calif., has agreed to

pay a $3.9 million civil penalty. The penalty agreement has been accepted

provisionally by the Commission in a 3-0 vote.

The settlement resolves CPSC staff’s charges that from January 2009 to

February 2012, Ross knowingly failed to report to CPSC immediately, as

required by federal law, that it sold or held for sale, about 23,000

children’s upper outerwear garments with drawstrings at the neck or waist.

In February 1996, CPSC issued guidelines (which were incorporated into a

consensus industry voluntary standard in 1997) to help prevent children from

strangling or getting entangled on neck and waist drawstrings in upper

garments, such as sweatshirts and jackets.

In May 2006, the Commission posted a letter on its website which stated that

staff considered children’s upper outerwear with drawstrings at the hood or

neck to be defective and present a substantial risk of injury to young

children. In July 2011, based on the 1996 CPSC guidelines and the 1997

voluntary standard, CPSC issued a final rule which designates the hazards

presented by drawstrings in children’s upper outerwear as substantial

product hazards.

Ross’s distribution of some children’s garments occurred during the same

period of time as CPSC’s investigation and negotiation of a 2009 civil

penalty. The $500,000 penalty that Ross paid in 2009 was to settle staff

charges that it failed to report four series of children’s upper outerwear

drawstring garments distributed between 2006 and 2008. Ross’s distribution

of the other garments in this matter occurred either partially or entirely

after the effective date of CPSC’s Final Rule. There have been no reported

injuries associated with the recalled garments.

In addition to paying a monetary penalty, Ross has agreed to implement and

maintain a compliance program designed to ensure compliance with the

reporting requirements of Section 15(b) of the Consumer Product Safety Act

and the Final Rule. Ross also agreed to enhance its existing compliance

policies by ensuring that its ongoing program contains written standards and

policies, a mechanism for confidential employee reporting of

compliance-related questions or concerns, and appropriate communication of

company compliance policies to all employees through training programs. Ross

has designed and implemented a system of internal controls and procedures to

ensure that the firm’s reporting to the Commission is timely, truthful,

complete, accurate, and in accordance with applicable law. The company will

also take steps to ensure that prompt disclosure is made to management of

any significant deficiencies or material weaknesses in the design or

operation of such internal controls.

The Commission, in cooperation with Ross and/or other firms that

manufactured, imported, or distributed the Garments, announced recalls of

the garments listed below between March 2010 and May 2012:

Manufacturer/Importer/Distributor/Retailer

Children’s Apparel Network, Ltd. Girls’ hooded sweater with neck

drawstrings

Byer California Girls’ cargo pocket jacket with neck and waist drawstrings

Puma North America Inc. Youth training jacket with waist drawstrings

LA Fashion Hub Inc. Girls’ winter jacket with neck drawstrings

Umbro Boy’s jacket with waist drawstrings

Hot Chocolate Boy’s jogging suit with waist drawstrings

Bonded Apparel Boy’s Hooded jacket with neck drawstrings

Me Jane Louise Paris Ltd Girl’s fur hood bubble fleece with waist

drawstrings and Fur hooded bubble jacket with waist drawstrings

LANY Group LLC Girls’ terry hooded sweatshirt with neck drawstrings

YMI Jeanswear Girls’ hooded sweatshirt with neck drawstrings

Federal law requires manufacturers, distributors, and retailers to report to

CPSC immediately (within 24 hours) after obtaining information reasonably

supporting the conclusion that a product contains a defect which could

create a substantial product hazard, creates an unreasonable risk of serious

injury or death, or fails to comply with any consumer product safety rule or

any other rule, regulation, standard, or ban enforced by CPSC.

In agreeing to the settlement, Ross denies staff charges that it knowingly

failed to inform the Commission about the garments, as required by CPSA

§15(b).

*****************************************************

Statement of Chairman Inez M. Tenenbaum on the Commission Decision to

Approve Provisionally a Civil Penalty Settlement with Ross Stores, Inc.

June 21, 2013

On June 19, 2013, the U.S. Consumer Product Safety Commission (CPSC or the

Commission) provisionally approved a civil penalty settlement with retailer

Ross Stores, Inc., to resolve CPSC staff allegations that Ross committed

prohibited acts by failing to inform the Commission of Ross’s continued sale

of children’s garments with drawstrings, which pose a substantial risk of

injury to children due to the risk of entanglement and strangulation. The

settlement requires Ross to pay a monetary penalty of $3.9 million and, just

as important, to take meaningful measures to reduce the risk of future

noncompliance through implementation of significantly enhanced compliance

procedures and internal controls. After a review of the specific facts

presented in this case and a careful consideration of the civil penalty

factors, I voted to approve the settlement.

During my tenure as Chairman of the CPSC, my colleague Commissioner Robert

S. Adler and I have written together and separately regarding the need for

civil penalties to truly serve the policy objectives of deterring violations

and promoting compliance with the law, particularly in light of the

increased penalty amounts Congress authorized in the Consumer Product Safety

Improvement Act of 2008. This settlement reflects the goals and importance

of our enhanced authorities, and I commend the CPSC staff for this result.

This settlement is also a reminder to the regulated community that the

Commission will use every tool at its disposal to keep consumers and their

families safe from unreasonable risks of injury.

Ross is a repeat violator. In 2009, it paid a civil penalty of $500,000 for

violating the same law, Section 15 of the Consumer Product Safety Act

(CPSA). Neither the fine nor the supposed remedial measures Ross

implemented on its own initiative following that settlement was sufficient

to prevent the continued sale of defective garments. Vendors who were

contractually obligated to provide compliant products continuously failed to

do so; internal policies prohibiting the purchase, inventory, and sale of

garments with drawstrings were equally ineffective. Regardless of what

Ross’s management may have wanted to believe about the effectiveness of

their policies, they clearly did not work. Moreover, the fact that Ross did

not design, manufacture, or import the garments did not relieve it of the

obligation to ensure that they comply with all applicable safety statutes

and regulations.

As part of this settlement, Ross has agreed to maintain a vastly improved

compliance program designed to prevent the sale of garments with drawstrings

and to ensure timely reporting, if necessary, under Section 15 of the CPSA.

This compliance program, similar to others the Commission has begun to

require as a warranted condition of settlement, includes the following key

elements: (i) written standards and policies, (ii) whistle-blower

protections, (iii) compliance training programs, (iv) management oversight

of compliance, and (v) five-year record retention requirements.

This case clearly demonstrates that policies cannot exist solely on paper;

individuals must be charged with and held accountable for carrying them out.

It is my hope and expectation that the message we are sending with the

substantial fine and the compliance requirements in this agreement will

increase the likelihood that Ross-and other firms-will not only make the

right decision next time they are confronted with whether to report a safety

issue, but also-and more importantly for consumer safety-will take all

necessary steps to ensure they produce and market only compliant products,

thus obviating the need for any reporting at all.

Administrative Law Judge Issues Ruling in CPSC’s Attempt To Hold Magnet Manufacturer CEO Personally Liable

May 13, 2013/in CPSC/by BillJ

Tied to the recall of rare earth magnets, the CPSC was also seeking to have those products declared substantial product hazards and the CEO of one of those companies personally liable for conducting a recall. The Administrative Law Judge in this case has not issued his ruling that will impact corporate officers/owners of all children’s product manufacturers.

The liability of the CEO was based on the “responsible corporate officer doctrine” which was in turn based on U.S. Supreme Court decisions in United States v. Dotterweich, 320 U.S. 277 (1943) and United States v. Park, 421 U.S. 658 (1975). The administrative law judge held that the doctrine applied to violations of section 15 of the Consumer Product Safety Act. He further stated that the compliant was held sufficient facts to hold the CEO liable because it alleged that the CEO “is responsible for ensuring [the company’s] compliance with the CPSA.”

While written in broad language and not limited to the facts of the case, this ruling may have a profound effect on children’s products manufacturers. The CPSC will be able to threaten a variety of corporate officers from CEO’s/Owners to compliance officers, with personal liability for violations of the Consumer Product Safety Act.

Are you prepared for a voluntary recall? Do you have the documentation in place to show that you can ‘exercise due Care” to the CPSC? Become CPSIA ready with CPSIA Ready.com, our lab independent, compliance on demand solution for small business.

Williams-Sonoma Agrees to $987,500 Civil Penalty

May 6, 2013/in CPSC/by BillJ

Significant Internal Compliance Improvements for Failure to Report Defective Pottery Barn Wooden Hammock Stands

The U.S. Consumer Product Safety Commission (CPSC) announced today that Williams-Sonoma, Inc., of San Francisco, Calif., has agreed to pay a $987,500 civil penalty.

As the CPSC did recently in the Kolcraft agreement, in addition to paying a monetary penalty, Williams-Sonoma has agreed to implement and maintain a compliance program designed to ensure compliance with the safety statutes and regulations enforced by the CPSC.

Williams-Sonoma has also agreed to maintain and enforce a system of internal controls and procedures designed to ensure that:

information required to be disclosed by the firm to the CPSC is recorded, processed, and reported, in accordance with applicable law(s);
all reporting made to the CPSC is timely, truthful, complete, and accurate;
prompt disclosure is made to Williams-Sonoma’s management of any significant deficiencies or material weaknesses in the design or operation of such internal controls that are reasonably likely to adversely affect, in any material respect, the company’s ability to report to the CPSC.

Williams-Sonoma further agreed to provide written documentation of such improvements, processes, and controls, upon request to the CPSC; to cooperate fully and truthfully with CPSC staff; and to make available all information, materials, and personnel deemed necessary to staff to evaluate the company’s compliance with the terms of the agreement.

The settlement resolves CPSC’s charges that the firm knowingly failed to report to CPSC immediately, as required by federal law, a defect involving Pottery Barn wooden hammock stands which were found to contain a defect that could pose a fall and laceration hazard to consumers.

Williams-Sonoma did not file its full report with CPSC until September 11, 2008. On October 1, 2008, Williams-Sonoma and CPSC announced the recall of 30,000 wooden hammock stands. By that time, Williams-Sonoma was aware of 45 incidents involving the hammocks, including 12 reports of injuries requiring medical attention for lacerations, neck and back pain, bruising, and one incident involving fractured ribs.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

CPSC seeks information on materials that can be determined not to include lead, soluble heavy metals or phthalates

April 30, 2013/in CPSC/by BillJ

This Request for Information (RFI) is seeking information on materials that do not, and will not; contain the prohibited elements or chemicals in concentrations above the legally allowable limit. Information provided by the public concerning the characteristics of such materials will be used to develop recommended courses of action for the Commission.

This RFI consists of four parts, seeking data and information concerning the following children’s products and materials used to manufacture those products:

Toys subject to ASTM F963-11, Standard Consumer Safety Specification for Toy Safety, and the presence, if any, or at what levels, of the eight elements designated in section 4.3.5 of the standard. The solubility of each element is limited to no more than the levels listed in Tables 1 and 2 of the standard. Additionally, for accessible component parts of toys primarily intended for children 12 years old and younger, the lead content must be no greater than 100 parts per million (ppm), and the lead content of paints or surface coatings must be no greater than 90 ppm, in accordance with section 101 of the CPSIA;

Toys and certain child care articles, and the presence, if any, or at what levels, of the six prohibited phthalates listed in section 108 of the CPSIA. These products are subject to a maximum concentration of 1000 ppm (or 0.1 percent) for each of the six prohibited phthalates;
Manufactured woods and the presence, if any, or at what levels, of lead. Accessible manufactured wood in children’s products is subject to the maximum allowable lead content requirement of 100 ppm;
Synthetic food dyes and the presence, if any, or at what levels, of lead. Accessible synthetic food dyes in children’s products are subject to the maximum allowable lead content requirement of 100 ppm.

The agency requests written responses to the RFI by June 17, 2013. See Federal Register, April 16, 2013

Kolcraft Agrees to $400,000 Civil Penalty, Significant Internal Compliance Improvements for Failure to Report Defective Play Yards

March 12, 2013/in Uncategorized/by BillJ

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Kolcraft Enterprises Inc., of Chicago, has agreed to pay a civil penalty in the amount of $400,000.

The penalty agreement has been accepted provisionally by the Commission in a 2-1 vote. Commissioner Nord voted to provisionally accept the agreement as originally drafted. Chairman Tenenbaum and Commissioner Adler voted to provisionally accept the agreement with amendments which were included in the final agreement.

In addition to paying a monetary penalty, Kolcraft agrees to implement robust changes to its internal control and compliance systems. Specifically, Kolcraft agrees to:

maintain and enforce a system of internal controls and procedures to ensure that the company promptly and accurately reports required information about its products to CPSC;
give CPSC staff written documentation of its improvements, processes, and controls related to its reporting procedures upon request;
and establish an effective program to ensure it remains in compliance with safety statutes and regulations enforced by CPSC.

Kolcraft agrees that, at a minimum, its compliance program must provide its employees with written standards and policies, compliance training, and the means to report compliance-related concerns confidentially.

The settlement resolves CPSC staff allegations that the firm knowingly failed to report to CPSC immediately, as required by federal law, a defect involving Kolcraft Travelin’ Tot play yards and play yards manufactured by Kolcraft for Carter’s, Sesame Street, Jeep, Contours, Care Bare, and Eric Carle. The play yards were sold nationwide from January 2000 through January 2009 for between $50 and $160. The side rail of the play yards can fail to latch properly and can unlatch unexpectedly when a child pushes against it, posing a fall hazard to children.

In August 2005, failure analysis experts hired by the firm identified the potential for false latching. In 2006, the firm made prospective improvements to the warning labels, instruction sheets, and the side-rail latch to eliminate false latching in future production of the play yards.

From about January 2000 through July 2009, Kolcraft received about 350 reports of the play yard collapsing, resulting in 21 injuries to young children, including bumps, scrapes, bruises, and one concussion.

Kolcraft did not report the information regarding the play yards to CPSC until January 2009.

In July 2009, Kolcraft and CPSC announced the recall of one million play yards.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

In agreeing to the settlement, Kolcraft denies CPSC staff allegations that its play yards contained a defect which could create a substantial product hazard, or that it knowingly violated the reporting requirements of the Consumer Product Safety Act. Pursuant to the Consumer Product Safety Act, CPSC must consider the appropriateness of the penalty in relation to the size of the business of the person charged, including how to address undue adverse economic impacts on small businesses. Kolcraft is a small business as set forth in the Small Business Administration guidelines regarding size of business.

CPSC Approves New Lead Testing Method in Substrates of Children’s Products

February 25, 2013/in CPSC, News/by BillJ

Feb 25, 2013

The U.S. Consumer Product Safety Commission (CPSC) has approved High-Definition X-Ray Fluorescence (HDXRF) technology for the substrate testing of lead in children’s products using the test method ASTM F2853-10. HDXRF technology, used to detect regulated elements, had previously been approved by the CPSC for testing of lead in paint and other surface coatings of children’s products.

This new action by the CPSC expands the use of HDXRF for third-party testing to support product certification and clears the way for its use in “production testing” under the new CPSC Testing and Certification Rule, which became effective February 8, 2013. HDXRF offers the additional benefits of taking coating and substrate measurements simultaneously and non-destructively, reducing testing time and cost.

“The CSPC’s approval of HDXRF for lead in substrate testing means that manufacturers, importers, retailers and laboratories now have a complete, precise, and reliable alternative to traditional wet chemistry,” said Satbir Nayar, director of sales and marketing for consumer products of XOS, a developer of the HDXRF technique.

The detailed new CPSC regulation, called the 1112 Rule, approving HDXRF for lead in substrate testing and restating the agency’s April 2011 approval of HDXRF for lead in paint testing, can be accessed atwww.cpsc.gov.

Top CPSC Developments to Watch for in 2013

February 7, 2013/in Posts/by BillJ

The Fiscal Year (FY) 2013 Operating Budget for the Consumer Product Safety Commission (CPSC) has some items that are likely to make either the biggest or most news in the coming year. They are the CPSC’s compliance, import surveillance and hazard identification activity.

Compliance: Enforcement activities under the rulemaking of the Consumer Product Safety Improvement Act of 2008 (CPSIA) will be stepped up. These compliance efforts will include; data analysis, investigations and assessing the level of compliance with new regulations. The 2013 budget targets compliance and enforcement programs for;

CPSIA-mandated requirements for cribs, toddler beds, play yards, bed rails, strollers, and swings
Federal Hazardous Substances Act regulations for toys, bath seats, rattles, pacifiers and infant pillows

Import Surveillance: With the passage of the CPSIA, the CPSC was directed to create an International Trade Data System/Risk Assessment Methodology (ITDS/RAM) to help identify products entering into the U.S. that have a high probability for violation of consumer product safety rules and regulations. Based on this the CPSC launched a “proof-of-concept” pilot program that uses data collected at the port by U.S. Customs and Border Protection’s (CBP) International Trade Data System, and integrates the data with CPSC surveillance systems to analyze incoming imports. Imports which are identified as “high risk” are targeted based on predetermined rule sets and stopped at the port for inspection. In 2013, this pilot program is expected to expand to 15 major U.S. ports. The CPSC has established four areas for measuring successes with the program;

Improve import surveillance targeting effectiveness
Facilitate legitimate trade
Improve working effectiveness with CBP to harness existing federal port resources in the interdiction of noncompliant consumer product imports
Protect U.S. intellectual property, consistent with the CPSC’s safety mission

The CPSC is expected to continue its collaboration with the CBP to implement national operations designed to optimize the federal government’s response to product’s that are imported into the U.S. that may put consumers at risk.

Another indication of this collaboration is the rewrite of 16 CFR 1110 which lays out the requirements for manufacturers/importers of record with regard to certificates of conformity (children’s and non-children’s products). Currently there is not a requirement for children’s product importers to file a certificate with the CBP or CPSC prior to the product entering into the U.S. The importer would only have to have the certificate “available upon request” to either the CBP or the CPSC. The proposed change would require the importer to electronically file a children’s product certificate with the CBP prior to the product entering into the U.S. as part of their importation documents.

Hazard Identification: In 2013, the CPSC will prepare draft final rules for the following products;

Bassinets
Bassinet attachments to play yards
Bedside sleepers
Handheld carriers
Soft infant carriers
Strollers

The CPSC will also prepare draft final rules for; rare earth magnet sets, mattresses and toy guns with caps. In addition draft rules will be prepared for infant slings, infant inclined sleep products, revisions to the FHSA definition of “strong sensitizer” and a petition for crib bumpers will be evaluated.

Voluntary Standards: The following voluntary standards are expected to have the most activity in 2013;

Baby monitors
Bassinets/cradles
Bath seats (infant)
Batteries
Bed rails
Bunk beds
Beds (toddler)
Bedside sleepers
Bicycles
Booster seats
High chairs
Youth chairs
Changing tables
Children’s metal jewelry
Full-size cribs
Non-full-size cribs/play yards
Infant bedding/accessories
Infant bouncers
Infant carriers (frame)
Infant carriers (handheld)
Infant carriers (soft)
Infant gates
Infant recline sleep products
Infant slings
Infant swings
Infant tubs
Infant walkers
Inflatable play devices
Phthalates
Playground equipment (for children under 2 years)
Playground equipment (home)
Strollers
Toys
Trampolines

Strategic Goals for Commitment to Prevention include;

Office	Performance Measurement	FY2013 Target
Hazard	Number of Voluntary standards activities supported or monitored by CPSC Staff	69
Hazard	Number of candidates for rulemaking prepared for Commission consideration	30
Compliance	Number of establishment inspections conducted by Field Staff	1,000
Compliance	Percentage of products screened by CPSC Field Staff resulting in violations	Baseline to be determined
Hazard	Number of items/component parts tested for specific standards and regulations	36,000
Import	Number of import examinations	13,000
Import	Sample yield per 100 import entries	26
Import	Establish a robust ITDS/RAM rule set to target intellectual property violations where a health and safety hazard is suspected in consumer product imports	To be determined
Compliance	Total number of products screened by CPSC Staff	Baseline to be determined
Compliance	Number of consumer products screened by CPSC Field Staff through Internet surveillance activities	Baseline to be determined

Additional Items: The Commission has added the following items to the FY 2013 budget which is targeted at reducing the testing burden by manufacturers and/or importers of record for children’s products;

Determinations Regarding Heavy Metals – the Commission would like to undertake the process of determining if there are materials that would qualify for exemption to the heavy metals specification found in section 4.3.5 of ASTM F963-11. The materials cannot be found to contain higher than allowed concentrations of the eight heavy metals.
Determinations Regarding Phthalates – the Commission would like to undertake the process of determining if there are materials that do not, and will not, contain prohibited phthalates, and would therefore be exempt from third party testing
Determination Regarding Adhesives in Manufactured Woods – the Commission would like to undertake the process of determining if there are any adhesives used in manufactured wood that can be determined not to contain lead in amounts above 100 ppm.

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CPSC Updates from Small Business Ombudsman

February 7, 2013/in CPSC/by BillJ

Dear CPSC Small Business Community,

In this post, please find a list of recent CPSC news, regulatory updates, and other activities that may be of interest to you.

Periodic Testing Requirements

On this Friday, February 8, 2013, a new regulation that requires the periodic testing of continuing production of children’s products becomes effective. The regulation is 16 CFR part 1107. We have posted some new information and FAQs at the following Web page:

http://www.cpsc.gov/periodic-testing NEW!

Please note that we are currently reorganizing the testing and certification pages during the transition to a new CPSC.gov website. Further updates, information, and FAQs about third party testing and certification will be coming soon.

CPSC.gov Website

You may have noticed that CPSC recently redesigned its website to provide a better user experience for stakeholders. With the migration to the new website, some users have reported difficulty finding certain resources. We appreciate your patience as we fix the new website’s nits and ask you to report problems at: http://www.cpsc.gov/cgibin/epifeedback.aspx.

Upcoming Presentations

New York, NY – Monday, February 11, 2013: General CPSIA Presentation

26 Federal Plaza, Downtown Manhattan, Conference Room A, 6^th Floor, 2 pm

I will be speaking to any interested small business in the metropolitan New York City area this coming Monday. The presentation will be an overview of U.S. regulatory requirements for consumer products (including children’s products) and will also explain the requirements and benefits of registering as a small batch manufacturer with CPSC. The presentation will include a discussion of third party testing requirements, including periodic testing requirements.

The presentation is free and open to the public. Advance registration is requested (but not required) to ensure adequate seating. The presentation will take place in Conference Room A at the Federal Plaza Conference Center located at 26 Federal Plaza, which is at the southeast corner of Worth Street and Broadway in downtown Manhattan. Please allow approximately 30 minutes to get through security and arrive to the 6^th floor. There also is a café on the 6^th floor. You may contact me at ncohen@cpsc.gov with any questions and to RSVP.

New York, NY – Tuesday, February 12, 2013: Presentation on Third Party Testing

Jakob K. Javits Convention Center, Room 1E19, 10 am

I will be speaking to attendees at the New York International Toy Fair this coming Tuesday. The presentation was requested by the Toy Industry Association and addresses the U.S. third party testing requirements for toy manufacturers, including periodic testing requirements. CPSC Chairman Inez Tenenbaum will be the keynote speaker at 9 am.

You may also contact me at ncohen@cpsc.gov with any questions or to schedule a time to speak individually. More details about this presentation are available here: http://www2.toyassociation.org/AM/Template.cfm?Section=tf_Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=18494.

Washington, DC – Thursday, February 28, 2013: Panel on Third Party Testing

Hyatt Regency Crystal City at Reagan National Airport, Room TBD, 1:45 pm; 3:30 pm

I will be moderating a panel for attendees on Day 3 (“CPSC Day”) of the International Consumer Product Health and Safety Organization (ICPHSO) conference. The panel will address third party testing, including the periodic testing requirements. More information, including the list of CPSC panelists, is available here: http://www.icphso.org/conference/2013annual/agenda.html.

Regulatory Update:

Newly proposed regulations are open for public comment and recently enacted regulations are set to go into effect. If you have never commented on a rule before, you can learn more about the rulemaking process and how you can add your comments to the proposed rule before it is finalized. Your comments are vital to ensuring that the Commission has as much information as possible as the Commissioners consider whether to finalize proposed rules into law.

New Regulations: Effective Dates for Compliance

Cribs – The crib standards went into effect for all new cribs sold on or after June 28, 2011. Child care providers, family child care homes, places of public accommodation (e.g. hotels), and crib rental companies were given until December 28, 2012 to ensure that their cribs comply with the new regulations. Please see our Crib Information Center for more information tailored to child care providers to enable you to determine if your cribs comply: www.cpsc.gov/cribs.

Play Yards –The new play yard regulation was published on August 29, 2012 and has an effective date of February 28, 2013. It is codified at 16 CFR Part 1221.

Infant Swings –The new infant swing regulation was published on November 7, 2012 and has an effective date of May 7, 2013. It is codified at 16 CFR Part 1223.

Reducing Third Party Testing Burdens – In October, the Commission voted to direct the CPSC staff to study possible options for reducing the burdens related to third party testing. Such studies would be subject to staff resource availability. The results and the Commissioners’ statements are available at: http://www.cpsc.gov/PageFiles/130209/3rdparty.pdf.

In January, the Commission voted to direct the staff to draft “Requests for Information” (RFIs) on four possible burden reduction options to be included in CPSC’s 2013 operating plan. The four areas about which the Commission will gather information concern: heavy metal content in certain materials, phthalates in certain materials, and lead content in synthetic food additives and adhesives used in manufactured woods. See the Commission’s action at: http://www.cpsc.gov/PageFiles/139100/2013operatingplan.pdf.

Representative Samples – On December 5, 2012, the Commission finalized its rule on ensuring the use of representative samples used in third party testing. The rule also has an effective date of February 8, 2013. You can learn more here.

Open For Public Comment (Selected items)

Hand-Held Infant Carriers – The Commission voted to publish a draft final rule for a new Safety Standard for Hand-Held Infant Carriers. The proposed rule was published December 10, 2012 and public comments are due by 11:59 pm on February 25, 2013. You can watch the staff presentation in archived format here and comment here.

Bedside Sleepers – After a recent staff briefing, the Commission voted to publish a draft final rule for a new Safety Standard for Bedside Sleepers. The proposed rule was published December 10, 2012 and public comments are due by 11:59 pm on February 25, 2013. You can watch the staff presentation in archived format here and comment here.

Comment Period Recently Closed

Bassinets and Cradles – The public comment period for a Supplemental Notice of Proposed Rulemaking for a Safety Standard for Bassinets and Cradles recently closed on January 2, 2013. The Commission staff is currently evaluating the comments received.

Make sure to get your products into compliance before the new regulations become effective, which has generally been about six months after the final regulations are published.

Small Batch Manufacturers:

PLEASE NOTE that if you were a registered small batch manufacturer with the U.S. Consumer Product Safety Commission (CPSC) for calendar year 2012 and you wish to continue in this status, you must register for calendar year 2013. Registration must be submitted annually. Registration is ongoing, and you may register at any time during this calendar year – through December 2013.

If you wish to register as a small batch manufacturer for calendar year 2013, your registration must be based upon the total number of product units sold and the total gross revenues from the sales of all consumer products in the previous calendar year – January 1, 2012 through December 31, 2012. If you meet these requirements, you may now register for calendar year 2013 by logging into your user account in the Business Portal at: www.SaferProducts.gov.

When you log in to your account at: www.SaferProducts.gov and you click the “Small Batch Manufacturer” tab with your cursor, you will be asked to attest that your company satisfies the criteria to register; the criteria are the same as last year and have only been updated to account for your company’s sales in calendar year 2012. Once you are certain that you can attest to the truth and accuracy of the statements for your sales in calendar year 2012, you may check the boxes and submit your registration. Within the next day or so, you will receive a confirmation e-mail message with your new, unique Small Batch Manufacturer Registration Number for 2013. *Please save that e-mail message for your reference.* If you do not yet know whether you will qualify as a small batch manufacturer based on sales through December 2012, please wait to register until you have full information regarding your sales numbers. Registration is ongoing, and you may register at any time during this calendar year – through December 2013.

Please note that when you log in to your account after your registration for calendar year 2013 is accepted, your Business Portal account will display your unique Small Batch Manufacturer Registration Number for both calendar years 2012 and 2013. Please use the appropriate number (based on the date of your product’s manufacture or final assembly) in drafting your Children’s Product Certificate.

If you have any questions or require assistance with the registration process, please e-mail: clearinghouse@cpsc.gov.

If you have any questions about how registration as a small batch manufacturer with the CPSC affects your obligations to test and certify your products as compliant with applicable consumer product safety rules or compliance with other CPSC rules, regulations, standards, or bans, please review the program information at: www.cpsc.gov/smallbatch. If you need further assistance, please e-mail me at: ncohen@cpsc.gov.

As always, please let me know if you have additional questions or concerns. We post updates – especially about regulation comment periods – frequently to our Twitter account at www.twitter.com/CPSCSmallBiz.

Best regards,

Neal

Neal S. Cohen

Small Business Ombudsman

U.S. Consumer Product Safety Commission

Tel: 301.504.7504

ncohen@cpsc.gov

www.cpsc.gov/smallbiz

www.cpsc.gov/gettingstarted

Connect With Us On:

Twitter (@CPSCSmallBiz)

CSPC Draft Staff Briefing Outlines 11 Ideas to Reduce Testing Costs

September 13, 2012/in CPSC/by BillJ

The CPSC has released a Staff Briefing that will be discussed and voted on by the Commission on October 3, 2012 that outlines 11 areas the will help reduce the cost of testing and compliance for children’s product manufacturers and importers of record. The aim at finding burden reducers during fiscal 2013, which begins October 1 and are;

Education of companies on testing rules
Expand the determination of what should be tested by;
- Creating a list of tests in international standards that companies could use to show conformity with corresponding CPSC product safety rules
- Using the same process used now to determine if certain materials need not be tested for lead to be applied to the eight heavy metals now tested for under ASTM F963
- Expand the current list of materials exempt from testing for phthalates
- Allow Fourier transform infrared spectroscopy (FTIR) to show phthalate compliance
- Allow for production volume exemption (under 10,000 units produced) for periodic testing which would require testing compliance every 3 years instead of very year
- Expand the bodies responsible for accrediting third-party laboratories beyond ILAC-MRA signatories to increase number of testing labs
- Allow “de minimis” testing exemptions for lead in paint and phthalates
- Increasing the materials exempt from lead determination to include those deemed safe for addition to food by the FDA
- Allow companies that do short production runs and recertify their product with each run, not have to create a periodic testing plan for doing so
- Create classes of products that are deemed “low risk” of noncompliance and allow companies that produce those products to expand the intervals of compliance testing.
- Reducing administrative costs of compliance through information technology
- Seek authority from Congress to certify certain manufacturing processes as satisfying testing requirements due to ongoing reassessments involved.

The full staff briefing (all 117 pages) can be found here

http://www.cpsc.gov/library/foia/foia12/brief/reduce3pt.pdf