The Consumer Product Safety Commission's (CPSC) landmark safety standard — the Consumer Product Safety Improvement Act (CPSIA) — has been fully implemented. Let's take a quick look at how this impacts manufacturers of children's products.
First, what is considered a children’s product?
The CPSC, for purposes of the CPSIA, is defining a children’s product as a consumer product designed or intended primarily for children 12 years of age or younger.
Do I have to worry about lead in my products?
The quick answer is yes. All children's products must meet the lead content limit of 100 parts per million. The textile garment itself, and threads used do not need to be tested for lead content. HOWEVER, these products are still required to comply with tracking label and certificate requirements.
What are the third-party testing requirements?
This legislation imposes an additional third-party testing requirement for all consumer products primarily intended for children 12 years of age or younger. Every manufacturer (including an importer) or private labeler of a children’s product must have its product tested by an accredited independent testing lab and, based on the testing, must issue a certificate that the product meets all applicable CPSC requirements.
Do I have to establish tracking labels for my products?
Yes. The tracking label must contain certain basic information, including the source of the product, the date of manufacture and more detailed information on the manufacturing process, such as a batch or run number.This provision applies not only to toys but to children’s textile products as well.
Do I have to have a certificate with each product?
The Commission has issued a rule specifically allowing the use of an electronic certificate provided the Commission has reasonable access to it; it contains all of the information required by section 102 of the CPSIA; and it complies with the other requirements of the rule. The law requires that each import (and domestic) shipment be "accompanied" by the required certificate. The requirement applies to imports and products manufactured domestically. Under the rule issued by the Commission, an electronic certificate is "accompanying" a shipment if the certificate is identified by a unique identifier and can be accessed via URL or other electronic means, provided they are created in advance and available with the shipment.
How does the Phthalate ban affect my products?
This section of the Act impacts garment decorators producing child care articles. A child care article is a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age three and younger, or to help such children with sucking or teething. By way of example, a pacifier/teether would help a child with sucking or teething; a bib would facilitate feeding; a crib mattress would facilitate sleeping, as would pajamas and crib sheets.
As of February 10, 2009, DEHP, DBP and BBP are permanently banned. DINP, DIDP and DnOP are banned on an interim basis, for children’s toys or child care articles as defined in section 108 of the CPSIA.
Manufacturers and retailers can label products as compliant with the limits in the CPSIA for phthalates regardless of when they were manufactured. The new statute permits products to be labeled as compliant with CPSC requirements as long as that representation is accurate.
Manufacturers with plasticized components as a part of their children's products, including inks, must conduct third-party testing.
The Consumer Product Safety Commission (CPSC). The information contained on this page should not be construed as legal advice.