CPSC Accepts ASTM F963-11 for Toy Safety

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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Rules and Regulation

CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
Acceptance of ASTM F963–11 as a Mandatory Consumer Product Safety Standard
AGENCY: Consumer Product Safety Commission.
ACTION: Acceptance of standard.
SUMMARY: The Consumer Product Safety  Commission (‘‘CPSC,’’ Commission,’’ or ‘we’’) is announcing that we have accepted the revised ASTM F963–11
standard titled, Standard Consumer Safety Specifications for Toy Safety. Pursuant to section 106 of the Consumer Product Safety Improvement Act of
2008, ASTM F963–11 will become a mandatory consumer product safety standard effective June 12, 2012.
DATES: ASTM F963–11 will become effective on June 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Jonathan Midgett, Ph.D., Office of
Hazard Identification and Reduction,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Suite 600, Bethesda, MD 20814;
telephone (301) 504–7692; email
jmidgett@cpsc.gov.
Dated: February 15, 2012.

Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2012–3990 Filed 2–21–12; 8:45 am]

The Anatomy of a Children’s Product Certificate

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There has been a lot of confusion on what information needs to be included in a Children’s Product Certificate (CPC).  While the Consumer Product Safety Commission (CPSC) has not given any guidance on the format of a CPC they have given detailed instructions on the type of information which needs to be included in a CPC (Final Rule, 16 CFR Part 1110, Certificates of Compliance dated November 18, 2008).

There are seven (7) major areas of information which at a minimum must be on each CPC and they include;

1. Identification of the product covered by this certificate:

The information provided here must be more than just the common name of the product as it is known by the consumer or retailer.  It must contain model, item or SKU number to uniquely identify the product from other products manufactured or imported by the issuer of the certificate.  The CPSC has allowed for “family” of products to be listed on the certificate where the testing has been the same or when the issuer is citing one laboratory report to show compliance for the whole family of products as for an example; the issuer had a stuffed bear that was in a variety of fabric colors and each color was a different item or SKU number and the testing was the same for each item or SKU number then one certificate could be issued for the family of bear products.

2. Citation to each CPSC product safety regulation to which this product is being certified:

Each CPSC product safety regulation must be listed which builds the case for compliance of the product.  The safety regulation must be identified so that there might not be any confusion as to what the safety regulation is.  As for example; if the product was tested for small parts then the safety regulation would be cited as, ASTM F963-08 (or most current version) Section 4.6 Small Parts.

3. Identification of the U.S. importer or domestic manufacturer certifying compliance of the product:

The information provided here MUST be the company name, full mailing address and telephone number of the manufacturer or importer of record certifying the product.

4. Contact information for the individual maintaining records of test results:

The information provided here MUST be the company name, full mailing address, e-mail address and telephone number of the person maintain test records for the company in support of the certification of the product.

5. Date and place where this product was manufactured:

The information provided can be the date or dates when the product was manufactured using at least a month and year format (MM/YYYY).  The place of manufacture needs to be identified as well with AT LEAST the city and country or administrative region of the place where the product was finally manufactured or assembled.  If the factory that produced the product has more than one location in the city listed then the street address of the factory will be used to further identify the place of manufacture.

6. Date and place where this product was tested for compliance with the regulation(s) cited above:

Information provided here must be the date or dates of the testing on the test reports, the report numbers and the location or locations of testing.

7. Identification of any third-party laboratory on whose testing the certificate depends:

The third-party laboratory which tested the product for conformity must be listed with AT LEAST their name, full mailing address and telephone number of the laboratory.

 

At the recent Toy Fair conference, Neil Cohen, Small Business Ombudsman of the CPSC announced that companies can use the same certificate and add Production Run / Tracking label information to it for each production run in the testing calendar year as long as there is no material change in that batch or run. This will give companies the option of consolidating certificates under each product. As more information regarding this practice becomes available, I will share it on this site.

Remember that the issuance of Children’s Product Certificates is the responsibility of the manufacturer and it is their duty to provide access to these reports with each sale to retailers. CPC’s are not required when selling directly to consumers.

Bill Jacoby is the principal at Jacoby Solutions which has developed a CPSIA Operational Readiness  CORE Audit to help companies identify risk and improve their company’s business operations.

CPSC Chairman Inez Tenenbaum Delivers Keynote at Toy Fair

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From Toy Industry Association (TIA)

February 14, 2012 | Consumer Product Safety Commission (CPSC) Chairman Inez Tenenbaum spoke to an audience of more than 300 toy industry stakeholders this morning in a keynote address delivered at the Toy Industry Association’s (TIA) annual Toy Safety Compliance Update.

Chairman Tenenbaum shared the CPSC’s progress in 2011 – including the long-anticipated amendments to the Consumer Product Safety Improvement Act (CPSIA) last August– before discussing the Commission’s goals for 2012, which include “education and prevention over reaction and recalls” and the importance of “toy safety by design.”

While the CPSC has made headway alongside Homeland Security inspectors in monitoring the ports to detect and detain shipments that contain violative toys, Chairman Tenenbaum stated that companies must do their part to ensure safety through sound design – especially considering nearly 20 billion toys are imported annually to the U.S. from China. “The final design needs to be right, every time,” she said, adding that design flaws are the chief cause of injuries and recalls.

During her 45-minute address, Chairman Tenenbaum noted that the CPSC “still has a lot of work to do in educating everyone in the industry … from manufacturers and importers to wholesalers and retailers” about the latest toy safety requirements.  The CPSC is currently involved in ongoing conversations with several institutions of higher learning to explore the development of certification programs related to best manufacturing processes in China, in the hopes of educating and training a future generation of experts in supply chain management.

In closing, Chairman Tenenbaum stated that she believes “2012 will be another successful year for toy safety” and urged the audience to “take the necessary steps [to comply with the CPSIA] now so that children are safe and happy when your toys reach their hands.”

“I want statistics for injuries and recalls to decline this year, and I just know that the industry is up for this challenge. From New York to Hong Kong and everywhere in between, I want us to be partners …We’re here to educate, inform and empower you to ensure that your products comply with the law.”

Immediately following the Chairman’s address, CPSC Small Business Ombudsman Neal Cohen spoke to the crowd, discussing the various resources available to toy companies through the Small Business Ombudsman office as well as updates to the CPSIA and the recent changes to the U.S. Toy Safety Standard F963.

Held from 9:15 a.m. to 12:30 p.m. at the Jacob K. Javits Convention Center during Toy Fair, the educational seminar also included presentations by Joan Lawrence, TIA vice president of standards and government affairs, who provided detailed information on toy safety standards, laws and compliance requirements in the U.S. and abroad and Al Kaufman, TIA senior vice president of technical affairs, who provided details about the newly revised F963 toy safety standard and practical tips on compliance. Federal and state legislative updates were also provided by TIA’s external affairs team, as well as information on Canadian EPR Legislation.

Final ruling -Consumer Registration of Durable Infant or Toddler Products for CPSIA

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The CPSC has issued a final ruling regarding the Product Registration component.

CPSC stated in the preamble to the proposed rule, 76 FR 48055, that they recognize
that manufacturers may have an existing inventory of registration forms and that the
changes to the forms are minor and would not affect safety. They proposed that the
amendment would take effect 12 months (Feb 2013) after publication of a final rule.

They also stated that until the amendment takes effect, they would consider registration

forms to be in compliance that meet either the existing rule or the amendment.

Accordingly, they amend 16 CFR part 1130 as follows:
PART 1130 – REQUIREMENTS FOR CONSUMER REGISTRATION OF
DURABLE INFANT OR TODDLER PRODUCTS
1. The authority citation for part 1130 continues to read as follows:
Authority: 15 U.S.C. 2056a, 2065(b).
2. In § 1130.3(a)(2), remove “§ 1130.9” and add in its place “§ 1130.8”.
3. Section 1130.5 is amended as follows:
a. In § 1130.5 (a), remove “and 1130.7”.
b. In § 1130.5 (f), remove “1130.7(a)” and add, in its place “1130.6(c)(1)”.
4. Revise § 1130.6 to read as follows:

§ 1130.6 Requirements for format and text of registration forms.
(a) Size of form. The form shall be at least the size of two standard post cards,
connected with perforation for later separation, so that each of the two portions is at least
3 ½ inches high x 5 inches wide x 0.007 inches thick.
(b) Layout of form. (1) General. The form shall consist of four parts: top and
bottom, divided by perforations for easy separation, and front and back.
(2) Font size and typeface. The registration form shall use bold black typeface.
The size of the type shall be at least 0.12 in (3.0 mm) for the purpose statement required
in § 1130.6(c)(1), and no less than 0.10 in (2.5 mm) for the other information in the
registration form. The title of the purpose statement and the retention statement required
in § 1130.6(d)(2) shall be in all capitals. All other information shall be in capital and
lowercase type.
(c) Front of form. (1) Top front of form: Purpose statement. The top portion of
the front of each form shall state: “PRODUCT REGISTRATION FOR SAFETY ALERT
OR RECALL ONLY. We will use the information provided on this card to contact you
only if there is a safety alert or recall for this product. We will not sell, rent, or share
your personal information. To register your product, please complete and mail the
bottom part of this card, or visit our online registration at: www.websitename.com.”
Manufacturers that do not have a website may provide an e-mail address and state at the
end of the purpose statement: “To register your product, please complete and mail the
bottom part of this card, or e-mail your contact information, the model name and number,
and date of manufacture of the product, as provided on this card, to:
name@firmname.com.

(2) Bottom front of form: Manufacturer’s mailing address. The bottom portion of
the front of each form shall be pre-addressed and postage-paid with the manufacturer’s
name and mailing address where registration information is to be collected. If a
manufacturer uses a third party to process registration forms, the third party’s name may
be included as a “c/o” (“in care of”) in the address on the form.
(d) Back of the form. (1) Top back of form.
(i) Product information and manufacturer’s identification. The top portion of the
back of each form shall state: “Manufacturer’s Contact Information” and provide the
manufacturer’s name and contact information (a U.S. mailing address displayed in
sentence format, website address, a telephone number, toll-free, if available); product
model name and number (or other identifier as described in § 1130.4(a)(1) and (2)); and
manufacture date of the product. A rectangular box shall be placed around the model
name, model number, and manufacture date.
(ii) Retention statement. On the back of each form, just above the perforation
line, the form shall state: “KEEP THIS TOP PART FOR YOUR RECORDS. FILL OUT
AND RETURN BOTTOM PART.”
(2) Bottom back of form.
(i) Consumer information. The bottom portion of the back of each form shall have
blocks for the consumer to provide his/her name, address, telephone number, and e-mail
address. These blocks shall be 5 mm wide and 7 mm high, with as many blocks as
possible to fill the width of the card allowing for normal printing practices.
(ii) Product information. The following product information shall be provided on
the bottom portion of the back of each form below the blocks for consumer information
printed directly on the form or on a pre-printed label that is applied to the form: the
model name and number (or other identifier as described in § 1130.4(a)(1) and (2)), and
the date of manufacture of the product. A rectangular box shall be placed around the
model name, model number, and manufacture date. A manufacturer may include its
name on the bottom portion of the back of the form if they choose to do so.
5. Remove § 1130.7, and redesignate §§ 1130.8 and 1130.9 as §§ 1130.7 and
1130.8, respectively.
6. In redesignated § 1130.8, add new paragraph (d) to read as follows:
(d) Records required under this section shall be made available within 24 hours,
upon the request of any officer, employee, or agent acting on behalf of the U.S.
Consumer Product Safety Commission.
7. Revise Figure 1, as follows:
FIGURE 1 & 2 TO PART 1130 – FRONT /BACK OF REGISTRATION CARD