Environment & Safety

On August 14, 2008, President Bush signed into law the Consumer Product Safety Improvement Act of 2008 (the CPSIA or, the Act). The Act, passed in response to many high-profile recalls of primarily imported children’s toys that contained high levels of lead and other possible toxic chemicals, greatly expands the authority of the Consumer Product Safety Commission (CPSC). The law establishes new lead and phthalate limits for children’s products, testing and certification requirements for printers, and product tracking label requirements.

This page contains information on:

• Frequently Asked Questions (FAQ)
• Lead and Phthalate Content Limits, Testing, and Certification
• Testing Procedures and Accredited Laboratories
• Lead and Phthalate Limit Enforcement
• What to Do I do If a Product Doesn’t Meet the Lead and Phthalate Limits
• CPSIA Tracking Label and Advertising Requirements
• Printing Industries of America’s Advocacy on Behalf of Members

Frequently Asked Questions (FAQ)
How does the CPSIA apply to printers? What is regulated by the CPSIA? Can I distribute products in inventory manufactured before February 9, 2009? The answers to these and many other FAQ can be found by reviewing Printing Industries’ CPSIA FAQ document.

Lead and Phthalate Content Limits, Testing, and Certification
Printers cannot legally manufacture or distribute children’s products, children’s toys, and/or child care articles unless they comply with the lead and phthalate content limits established by the CPSIA.

The CPSIA establishes total lead limits for children’s products and total phthalate limits for children’s toys and child care articles as follows:

CPSIA Lead and Phthalate Limits

* If feasible

Second, the CPSIA requires printers to test and certify that their children’s products meet the lead and phthalate limits. The Act’s testing and certification requirements are different before and after February 10, 2011.

Before February 10, 2011, printers need to ensure that the lead and phthalate limits are being met through the use of supplier or other testing data. After February 10, 2011, printers will need to have their products tested at an accredited third-party laboratory and issue certificates that state their products comply with all applicable consumer product safety laws, including the CPSIA. Printing Industries summarized the testing and certification that is required on and after February 11, 2010, in the CPSIA fact sheet.

Printing Industries of America has developed a General Certificate of Conformity (GCC) template that can be used to satisfy the CPSIA certification requirements; The CPSC also has a sample GCC that may be found here.

Important Note: On December 28, 2009, the CPSC issued a one-year stay of the CPSIA’s testing and certification requirements. This stay DOES NOT postpone the need for printers to comply with underlying lead and phthalate content limits and it DOES NOT prevent retailers, vendors, and other print customers from requesting printers to test and certify their products. Please see below for additional information on the CPSC’s Stay of Enforcement.

Exemptions from Testing Certain Components in Books and Other Printed Matter
As a result of the hard work by the Printing Industries staff, the CPSC issued on August 26, 2009, its first in what is hoped to be a series of “determinations” regarding book components and other printed matter exemptions from the lead limits. When the CPSC makes a determination, it is declaring that a material does not inherently contain lead or contains lead that does not exceed the lead content limits. As such, any material that is covered by a determination is thus exempt from the lead limits and does not require testing and certification. The determination can be found here. 

In the August 26, 2009, determination, the CPSC addressed some components of books and other printed materials. The components of books that are now exempt include the following:

• Paper
• Any product printed with four-color process inks (CMYK)
• Any product coated with varnish, water-based, or UV-cured coatings
• Threads used for book binding
• Animal based glues
• Adhesives that are not accessible*
• Binding materials that are not accessible*

Despite the best efforts of Printing Industries of America, other trade associations, printer members, and suppliers, the CPSC did not include all of the components of books and other printed matter in this determination. The materials that are NOT covered by the current determination are:

• Spot or PMS inks
• Saddle-stitching wire
• Non-animal-based glues that are accessible*
• Metal coils both coated and uncoated for coil-bound materials
• Plastic coils for coil-bound materials
• Foils used in foil stamping
• Laminates

If a material that is not covered by the current determination is used in a children’s product, then it must be tested and certified to prove that it does not exceed the lead limit.

Exemption Update

On October 29, 2009, the CPSC issued a policy statement that provides guidance on how the August 26, 2009, exemption determination is to be applied. There is one example involving a book made from components that are exempt and not exempt from the testing and certification requirements. The key to this example is that the CPSC is only expecting that the component that is not exempt be tested and a certification issued for the product. The entire product does not have to be tested. This “component testing” approach makes the compliance demonstration process much easier as a certificate is only required for the nonexempt components. The Statement of Policy: Testing and Certification of Lead Content in Children’s Products can be found here.

Regarding phthalates, the CPSC has not issued any formal determinations that would exempt products or components from the limits, testing, and certification requirements. However, on August 7, 2009, CPSC issued a statement of policy regarding the testing of component parts for the presence of the six regulated phthalates. The statement of policy can be found at http://www.cpsc.gov/about/cpsia/componenttestingpolicy.pdf and it requires manufacturers to test and certify they are meeting the phthalate limits if they know that one of the six regulated phthalates are being used in their product.

* CPSC has ruled that any adhesive that is covered would not be subject to the lead requirements as it would be considered “inaccessible.” Inaccessibility has been defined by the CPSC in a separate rule that can be found at http://www.cpsc.gov/library/foia/foia09/brief/leadinaccessguide.pdf. CPSC specifies that a component part is not accessible if it is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product, including swallowing, mouthing, breaking, or other children’s activities, and the aging of the product, as determined by the Commission. CPSC has established some tests that are to be used to determine accessibility.     

Testing Procedures and Accredited Laboratories
The CPSC has developed total lead and phthalate content testing procedures that need to be followed to demonstrate compliance with the Act’s content limits.

For lead, the CPSC has chosen an acid digestion test to analyze the total lead content of children’s products. The test requires grinding the sample first and then digesting the sample in a strong acid. The actual test method for lead can be found here. The CPSC does permit the use of X-ray fluorescence (XRF) technology in certain situations as an acceptable test method for screening, but not full compliance. The CPSC’s test method for total lead in non-metal children’s products and the situations in which XRF is acceptable may be found by clicking here.

For phthalates, the CPSC has chosen a gas chromotagraphy mass spectrometry test to analyze the total lead phthalate content of children’s toys and child care articles. The CPSC’s phthalate test method may be found here.

On and after February 10, 2011, printers are required to have their products tested at accredited third-party laboratories. The CPSC has not accredited any laboratory to conduct total lead content testing and expects to issue the accreditation guidelines later this summer. The CPSC has, however, accredited a number of laboratories for a similar lead-in-paint standard. The CPSC’s list of labs accredited under the lead-in-paint standard is located at http://cpsc.gov/cgi-bin/labapplist.aspx.

Lead and Phthalate Limit Enforcement
On December 28, 2009, The CPSC issued a one-year stay of the CPSIA’s testing and certification requirements. In issuing the stay, the CPSC recognized additional time was needed to comply with the CPSIA. Although the stay delays the testing and certification requirements, it does not postpone the requirement for children’s products to meet the lead and phthalate standards or prevent retailers, vendors, and other print customers from requesting printers to comply with the testing and certification requirements prior to February 10, 2011.  

On February 5, 2009, the CPSC issued an enforcement policy that identifies ordinary books printed after 1985 as a class of products that contain lead below 300 ppm. The enforcement policy states the CPSC “will not prosecute” any manufacturer, importer, or distributor of ordinary books printed after 1985 unless they knowingly violate the CPSIA’s lead limits. The full enforcement policy may be found here.

While the enforcement policy does not permanently exempt books from the CPSIA, it does limit the scope of manufacturers of children’s books that could be subject to prosecution for unknowingly manufacturing or distributing a children’s book that contains more than 600 ppm lead on and after February 10, 2009. The enforcement policy provides assurance to printers that they will not be prosecuted by the CPSC for children’s books containing lead above 600 ppm unless the printer knowingly violated the lead limit. For example, a printer knowingly distributing a book that has been documented to contain 700 ppm lead would be subject to prosecution from the CPSC.  
 
This enforcement policy applies only to books printed after 1985 and does not apply to other paper-based printed materials; the enforcement policy also does not apply to the new phthalate limits.

What to Do If a Product Doesn’t Meet the Lead and Phthalate Limits
If product testing fails to meet the CPSIA lead and/or phthalate limits, there are two steps to take immediately:

• Issue a stop-sale notice to all distributors, retailers, etc.
• Notify the CPSC by completing a Section 15b Report.

Notification of the CPSC is required under Section 15b of the Consumer Product Safety Act (CPSA); printers can notify the CPSC online by using the Section 15b Reporting form at https://www.cpsc.gov/cgibin/sec15.aspx. Failure to notify the CPSC may result in reporting violations and fines.

Once the CPSC has been notified, they will review the case, contact the manufacturer, and then determine the proper steps to take, including recall if necessary.

CPSIA Tracking Label and Advertising Requirements
Effective August 14, 2009, the CPSIA requires manufacturers of children’s products to place permanent, distinguishable marks on the product and its packaging that identify the manufacturer, date, and location of product production, and any identifying batch or other run characteristics. More information on the specifics associated with the tracking label requirements can be found in Printing Industries fact sheet CPSIA Labeling Fact Sheet.

In addition, the CPSIA also requires certain print customers to follow specific advertising label requirements. Beginning February 10, 2009, the CPSIA requires any advertisement that provides a direct means for purchase or order of a children’s product to include all appropriate cautionary statements on or immediately adjacent to the advertisement. The CPSC has provided a 180-day grace period for the distribution of catalogs and other printed materials printed before February 10, 2009. The grace period expired on August 9, 2009.

Printing Industries of America’s Advocacy on Behalf of Members
The CPSIA has been an endless mix of confusion and stress to the printing industry since it was signed into law in August 2008. Printing Industries of America’s Government Affairs and Environmental, Health, and Safety staff have been very busy working with individual members of Congress and CPSC staff to obtain clarification and relief for the manufacturing of books and other printed matter.

The efforts of the Printing Industries team have resulted in the stay of the testing and certification requirements until February 10, 2011, and petitions have been submitted to CPSC seeking a permanent exemption from the lead and phthalate limits as well as the testing and certification requirements. Extensive testing data has been documented and submitted to the CPSC in support of this permanent exemption; the testing data covers a wide range of input materials such as paper, ink, adhesives, etc., as well as finished products and clearly indicates that books and other printed matter do no contain lead or phthalates above CPSIA limits. Printing Industries of America will continue to work with the CPSC on obtaining additional determinations for the materials not covered under the one issued August 26, 2009.

There have been many letters between Congress and the CPSC related to the regulatory status of books and other printed matter that demonstrate the lack of a threat from lead and phthalates in these products. To view the letters, petitions, and learn how you can take action and contact your local representative to affect the regulatory status of books and other printed matter under the CPSIA, please visit Printing Industries’ Government Affairs CPSIA Advocacy page.

For more information contact Gary Jones at gjones@printing.org or 800-910-4283, ext. 794.