Notes from the Recent CPSC Safety Academy 2013

During the recent CPSC Safety Academy held in Seattle, WA this month, there was a presentation given by Carol Cave, the SafetyAcademy2013Assistant Executive Director (AED) of the Office of Import Surveillance and John Blachere, an International Trade Specialist in the Office of Import Surveillance for the CPSC on how the CPSC reviews shipments at ports.

With the expansion of the tariff codes, the CPSC has the ability to target shipments with either high profile product groups, which may have experienced recalls or manufacturers who may have had problem products in the past.  Based on this system, there were over 2 million shipments that were eligible for examination and out of these only 1,400 (0.070%) were detained with an average detention time of 13.4 days.

The products detained included; Toys (55%), Fireworks (14%), Clothing (9%), Holiday Light Sets (3%), Other Electrical Products (5%) and All Others (14%).  Most of these products entered the United States by Sea (86%) with the other categories being; Rail (2%), Truck (6%) and Air (6%).

Of the 1,400 shipments stopped for examination 77% (1,022) were found to have violations with 61% (622) of those requiring seizure.  These shipments were over the period from October 1, 2011 to September 5, 2013.

Of those violations that required seizure, the number one reason was for lead (34%) followed by a mechanical hazard (15%).  While all of this was interesting, most of this information has been issued throughout the year in CPSC press releases.  What was interesting was that during the QA portion of the presentation a question came up with regard to Children’s Product Certificates.  The question was, how did the CPSC observe company’s complying with the requirement of certificates “accompanying each shipment”?

Carol and John both said that certificates were either physically with the products (in the containers themselves), included with the importation documents submitted by brokers or in a unique URL printed on the invoice, PO or other importation document.

They were then asked if they stopped and seized shipments strictly for not having a certificate for which they responded no.  However,  they did say that beginning in the fiscal year 2014 they will be looking to see if the shipment does have a proper certificate.  This means that even if the shipment has passed the examination for chemical or physical hazard, the shipment can still be help up for a documentation (certificate) violation.

Proposed Amendment includes Flame Retardants in Children’s Products

flame retardantProposed amendment, House Bill 2934 (Decrease Unsafe Toxins Act), will amend the CPSIA to ban flame retardant chemicals from use in resilient filling materials in children’s products.

The proposed amendment would require manufacturers of children’s products which contain resilient filling materials, such as high chairs, strollers, infant walkers, booster seats, car seats, changing pads, floor play mats, highchair pads, highchairs, infant swings, bassinets, infant seats, infant bouncers, nursing pads, playards, playpen side pads, infant mattresses, infant mattress pads, and portable hook-on chairs to not contain more than 1,000 ppm of flame retardant chemicals.

Currently, strollers, infant carriers, and nursing pillows have been exempt from California’s Furniture Flammability Standard Technical Bulletin (TB117) since 2010 and the proposed revision of California’s (TB117-2013) includes a provision to exempt 17 more baby and infant products from the standard. This is due to the State agency’s understanding that these products do not present a significant fire hazard.

Since California has been the “de facto standard” for flammability in upholstered products, the bill is seen to bring into harmonization the changes in TB117 and the CPSIA.

Do you have questions about Flame Retardants in your product?

Jacoby Solutions provides consulting services for compliance related issues.

Contact Us Today if you need help in this area!

Jacoby Solutions Launches CPSIA Ready, The First and Only Product-Centric CPSIA Compliance Solution

Proprietary software platform helps manufacturers and importers reduce the time, cost and resources needed to be compliant

Malvern, PA (PRWEB) June 25, 2013

Jacoby Solutions has launched CPSIA Ready, a cloud-based software platform and services solution giving manufacturing and importing companies the ability to quickly and effectively comply with all aspects of the Consumer Product Safety Improvement Act (CPSIA). Developed by a veteran juvenile products distributor, this product-centric solution was designed with business operations and continually evolving compliance regulations in mind. CPSIA Ready helps customers embed compliance into operations so they can easily become and remain compliant across all of the CPSIA’s requirements.

The U.S. Government recently and dramatically changed its compliance requirements for product manufacturers and importers. Three recent Settlement Agreements issued by the CPSC require the companies to set up an expansive compliance system including: (1) proof of written compliance standards and policies, (2) retention of all compliance-related records for a minimum of five years; (3) assignment of a senior-level compliance manager/officer; (4) a confidential and operational process for employees to be able to report compliance related questions or issues to a compliance manager/officer; and (5) mandatory training on company compliance-related policies and procedures for all applicable employees and stakeholders.

“Compliance is no longer about testing. Companies must ‘exercise due care,’ across many of the CPSC’s mandates,” says Bill Jacoby, principal of Jacoby Solutions. “With CPSIA Ready and our on-line compliance training program, CPSIA U, companies can easily achieve compliance with reduced time, cost and resources. CPSIA Ready also tracks and stores product information, and provides easy due process for employees to achieve mandatory training on various elements of the compliance law,” Jacoby continues.

CPSIA Ready notifies companies of new compliance regulations and provides manufacturers and importers with a system that enables them to:

  • Quickly create and send compliance certificates to retailers/distributors;
  • Create and manage test plans by product and manufacturing facility;
  • Manage and document material changes within products;
  • Centralize storage of test reporting and compliance documentation;
  • Provide access to a company compliance portal with an e-learning portal for mandatory training; and
  • Reduce documentation storage costs in a tightly secured, cloud-based environment.


“The financial, operational and managed-risk benefits of working with CPSIA Ready are unprecedented in today’s manufacturing industry. We’ve combined our comprehensive experience with implementing on-going compliance requirements with the CPSIA, with our experience improving operational effectiveness of our clients’ businesses, to give CPSIA Ready clients a total compliance solution that also offers unparalleled customer support options. From our customized initial training programs, to our on-demand, technical consultants, we’ve made CPSIA Ready an extremely user-friendly and easy to implement and use solution,” explains Bill Jacoby.

Flexible pricing programs enable CPSIA Ready to create the exact solution to fit the needs of every organization, whether companies need a five-user license, a ten-user license, on-line training and documentation for employees, or need to create a company compliance plan. For more information, or to schedule a virtual walkthrough of the platform, please visit

About Jacoby Solutions:

Jacoby Solutions is a professional consulting firm with a focus on providing a one-stop resource for assistance in making sure a company is “Operationally Ready” for CPSIA compliance. Specializing in the Juvenile, Toy and Consumer Goods space, Jacoby Solutions provides companies with the technology and knowledge necessary to adhere to the current and impending compliance mandates related to CPSIA.

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

This Request for Information (RFI) is seekingCPSC_Blocks 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

Whistleblower Protection and CPSIA

Whistlebower Protection under the Consumer Product Safety Improvement Act (CPSIA)

Under the CPSIA, 15 U.S.C. §2087, whistleblower protection is offered for employees who are discharged or discriminated against by manufacturers, private labelers, distributors, and/or retailers, because they gave or are giving information to the employer, Federal Government, or attorney general regarding violations of any provision of this Act.

The CPSIA holds that it is unlawful for any person to manufacture for sale, offer for sale, distribute for sale any consumer product not in conformity with an applicable consumer product safety standard as outlined under this statute, or which has been declared as a banned hazardous product.  Any person who believes that he or she was discharged or otherwise discriminated against in violation of this section may file a claim within 180 days after the date on which the violation occurs with any Occupational Safety & Health Administration (OSHA) office.

If the Secretary of Labor finds that the employer committed a violation of this statute, the Secretary shall order the employer to: take affirmative action to abate the violation, reinstate the complainant to his or her former position together with compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment, and to provide compensatory damages.

If you are a manufacturer or distributor, you can minimize your risk by having a process in place for employees to report incidents or concerns without penalty.

1.     Find this out

  • Do you believe that your company really wants to find out about problems with your products or potential safety issues related to their use?
  • Would you feel comfortable raising serious concerns to your manager or others in the company believing that they would welcome your concerns and then be committed to investigating and resolving them

Until you find out that most individuals answer this positively , your company has an important gap in  its compliance program and won’ be maximizing its ability to prevent, detect and correct problems no matter how many hotlines, training sessions, policies and directives it implements. Getting positive, enduring responses to these questions is a matter of leadership, company culture, and daily behavior.

2.     The goal is cultural, not administrative

The key focus should be on instituting a culture of compliance in your company. Processes and other administrative measures may help this develop but alone are not insufficient. Overall, the key is to have leaders demonstrate their commitment, individuals learn specific behaviors that help them find out about problems and for companies to establish their long term credibility by acting effectively when issues are brought to their attention.

The information provided above is relevant if you have a company with fifty employees or a company of three. If you are a small company and each employee wears several operational hats, it may not be practical to formally institute a compliance plan right away but it is important to outline policy, procedures and escalation process so that everyone knows who is responsible for what when issues arise. Having a playbook to follow will make it easier as you grow and as more people are added, things will become easier to manage.  Brand protection is paramount to your company’s success and if you want to grow into a big company, it is best to start while you are small to keep compliance an integral part of your everyday business activities.

For help with your companies compliance plan, please contact Jacoby Solutions as we can help you put a plan in place so you never need have to worry about whistleblowers.

The Anatomy of a Children’s Product Certificate

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

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

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:
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:”
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:

(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
(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:





The Retail Connection – Children’s Product Certificate

Children's Product Certificates

By Bill Jacoby

CPSIA became fully effective on January 1st, 2012. As of this date, all Children’s product Manufacturers and Distributors are required to issue a Children’s Product Certificate (CPC), based on third-party testing from a CPSC-recognized laboratory, to Retailers and Distributors, and upon request to the CPSC for children’s products imported or distributed in commerce on or after Jan 1,2012. As a retailer, it is important to understand what is required of the manufacturer/importer who is providing the children’s products that you sell at the retail level. If you sell products on your website and the manufacturer drop ships the product, they are still technically responsible to send you the certificate.

What does certification of children’s products mean in light of current regulations?  Certification means the issuance of a written Children’s Product Certificate (CPC) in which the manufacturer, importer or private labeler certifies that the children’s product complies with all of the safety rules that applies to it.  This certification must be based upon the results of third-party testing that is used as the basis for which the manufacturer, importer or private labeler certifies the product.  The manufacturer, importer or private labeler by law is responsible for drafting and issuing the CPC.

This CPC must be furnished to the retailer and can be an actual hard copy of the certificate or the manufacturer/importer can provide a reasonable means to access the certificate such as a dedicated website.  A CPC does not have to be filed with the government.  The CPC must “accompany” the product shipment and be furnished to distributors or retailers, and upon request to the Consumer Product Safety Commission (CPSC) or Customs.see CPSC advice here:

If the product is manufactured overseas and imported into the country, a CPC is required with each import shipment.  This requirement applies to both imports and products that are manufactured domestically.  Again, the CPC can either be in a hard copy format or an electronic certificate (if the certificate is identified by a unique identifier and can be accessed via a web URL or other electronic means).

The CPC does not have to be signed by the manufacturer/importer as the act of issuing the certificate satisfies this regulation.  Failure to furnish a CPC or to issue a false certificate is a violation of the Consumer Product Safety Act (CPSA) and can lead to a civil penalty of between $100,000 and up to $15 million along with possible criminal penalties and asset forfeiture.

As a retailer, how are you set up to receive these certificates? Most likely they are being sent either as a pdf document or as a link to stored document. As you currently do not have a requirement to store these certificates, you should as good business practice be able to track certificates back to the manufacturer for products you sell. As the GCC/CPC requirement is not going away soon, now is the time to think about how you receive, store and or access these documents now before they start piling up and provide your preference of receipt to your manufacturer if asked as this will make it easier on you in the long run to access these certificates if requested.



CPSIA,You & January 1, 2012….Are You Ready?

                          CPSIA Stay of Enforcement Expires 12/31/11                  

              Are you a Manufacturer, Distributor or Retailer Selling Children’s Products

              TOP 10 Things You Need to Know as we start the New Year

The intent of this list is to provide guidance to Children’s Product manufacturers and Retailers as they implement the provisions of the Consumer Product Safety Information Act (CPSIA), as administered by the Consumer Product Safety Commission (CPSC). The information in this article should not be construed as legal advice.

Dec 28,2011 by Bill Jacoby

1. Overview       CPSIA becomes fully effective on January 1st, 2012. As of this date, all Children’s product Manufacturers and Distributors are required to issue a General Certificate of Conformity (GCC), also known as a Children’s Product Certificate (CPC), based on third-party testing from a CPSC-recognized laboratory, to Retailers and distributors, and upon request to the CPSC for children’s products imported or distributed in commerce on or after January 1, 2012

2. Children’s Products Defined     The CPSC has defined a “children’s product” to mean a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, you need to take the following factors into consideration:

  • A statement by the manufacturer about the intended use of the product, including a label on the product if such a statement is reasonable.
  • Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
  • Whether a product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger
  • The Age Determination Guidelines issued by the CPSC staff in September 2002, and any successor to such guidelines

3. Third-Party Testing       All Children’s Products are required to undergo third- party testing.  Third – party testing must be conducted at a CPSC-approved, accredited laboratory to determine the total lead content in children’s product meets the approved limit.

4. Exemptions   Under the Legislation, which was passed and signed by President Obama in August 2011, there is an exemption for small batch Manufacturers. To qualify as a small batch manufacturer, you must meet this two-part test:

  1. Income: Total gross revenues from the prior calendar year (2011 sales to qualify for 2012) from the sale of all consumer products is $1million or less.
  2. Covered product: No more than 7500 units of the same product were manufactured in the previous calendar year. (2011)

As a qualifying small batch manufacturer, you will need to register with the CPSC on an annual basis. You will still need to issue a certificate (CPC/GCC), however you will not need to conduct third -party testing for either lead or phthalate content. Additionally, your products must still meet both the lead and phthalate content limits.

5. Phthalate Content Considerations       Congress has permanently prohibited three phthalates: DEHP,DBP and BBP ( in concentration of more than 0.1percent ) in children’s toys or child care articles. “Three additional phthalates: DINP,DIDP and DnOP, have been prohibited pending further study

A “children’s toy” means a product intended for a child 12 years of age or younger for use when playing, and a “child care article” means a product that a child three years of age and younger would use for sleeping, feeding, sucking or teething.                  Please note that wearing apparel falls under the definition of a child-care article if it is intended to facilitate eating and sleeping.

6. General Certificate of Conformity    A GCC / CPC is a document that certifies that the product complies with the CPSIA regulations, based on a test of each product or a reasonable testing program. The law requires that each import (and domestic manufacturer) shipment be “accompanied” by the required certificate. This certificate does not need to physically accompany the product. Under CPSC regulations, an electronic certificate is “accompanying” a shipment if the certificate is identified by a unique identifier and can be accessed via a World Wide Web URL or other electronic means, provided the URL or other electronic means and the unique identifier are created in advance and are available with the shipment.

Each GCC/ CPC certificate must include the following information:

  • Identification of the product covered by the certificate
  • Applicable CPSC rule or ban to which product is being certified
  • Identification of manufacturer
  • Identification of the person maintaining the testing information
  • Date and place where the product was manufactured.
  • Date and place where he product was tested.
  • Identification of the third– party testing facility used.

Note: GCC’s area used for consumer products and CPC (Children’s Product Certificate) is used for children’s Products.

7. Component Part Testing    Component testing, as outlined by the CPSC, is voluntary ad can be undertaken by either the component manufacturer or the manufacturer of the children’s product. For manufacturers producing children’s wearing apparel, the textile garment does not need to be tested as it has been exempted through regulation. Only the other components, such as the ink, zippers, buttons, etc. must be tested for lead content. If the children’s product also could be classified as a child-care article, only those plasticized elements need to be tested, and a component testing program can also be initiated to satisfy the testing requirements. There are documentation / recordkeeping requirements associated with component –part testing, and all records must be kept for at least five years.

8. Retailer Requirements    Each retailer must keep a GCC or CPC for each product sold on file. These will be sent by the manufacturer or distributor with each shipment or via email or other electronic format such as a url, or website starting on 1/1/12.  You must maintain these certificates and be able to produce them to the CPSC upon request.

9. Enforcement Penalties       The CPSC has issued a final rule that outlines the civil penalties associated with noncompliance activities. As of August 14th, 2009, the commission has the ability to seek penalty amounts of up to $100,000 for each violation. Maximum penalty amounts for a related series of violations have been increased from $1.8 million to $15 million. At a recent Toy Industry event there was a firm acknowledgement by CPSC Commissioner Nord that the January 1, 2012 enforcement date for CPSIA regulations will bring a change to the industry.  All Stays of Enforcement will have expired and the CPSC will be more diligent in its review of toys at ports of entry and failure to comply … with third party testing regulations, leaving off traffic information, and other discrepancies, will result in the holding of the shipment and fines of up to $100,000. 

10. Are you Ready?    For products manufactured or distributed in commerce after December 31, 2011, a GCC or CPC must accompany each shipment which clearly states that the product complies with either the lead or phthalate content limit as applicable and must contain information of the third-party testing facility used. All documentation must be retained for five years!

Do you have the operational process place in your company to makes sure the certificates are sent out each and every time? As a retailer, are you prepared for the flood of certificates coming your way and do you have documentation procedures in place for retention?

Jacoby Solutions has developed the CORE Audit™ (Compliance Operations Readiness Engagement Audit), the company’s proprietary approach to business operations compliance readiness. A one-stop shop for manufacturing and distribution companies in need of a solutions partner who can help them evolve their business while keeping an eye on compliance, Jacoby Solutions saves companies time, money and resources while helping them become CPSIA ready.