CPSC's Regulatory Actions! Action Alert!

Effective Feb. 12th, the Consumer Product Safety Commission  finalized two direct final rules clarifying important sections of the testing regualtions that pertain to children's products.  A summary of each follows. Summary of Amendment to Clarify Use of Component Part Testing Due to confusion on the part of the testing community as to the use of component part testing for certification purposes, the CPSC has issued a direct final rule implementing clarifying language.  Specifically, stakeholders had complained that the regulatory language was not flexible enough to allow the use of component part testing for the solubility of specified chemicals for toy substrate materials, other than paints.   The new regulatory language specifically states that component part testing may be used beyond the testing for lead and phthalate content of children’s products.  The new language also updates the reference to the ASTM Mandatory Toy Standard, ASTM F963-11, as well as updating reference to guidance issued by the Commission regarding component part testing as it relates to phthalates.  Summary of Determination of which Textile products have been determined not to exceed the allowable lead content limits Part 1500 of the CPSC regulations provides specific product and material exemptions from the lead testing under the CPSIA.  The exemption language stated that “textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints)” were exempt from the third party testing requirements for lead.  Questions were raised regarding the definition of  “or other prints.”  The Commission amended the provisions to clarify that dyed textiles, regardless of the techniques used to produce materials and apply colorants are not subject to the required testing for lead in paint or the total lead content.  In amending  the language, the Commission stated that the process used to manufacture, print or apply colorants is not the defining factor.  The central issue remains whether or not the textile products are dyed or include other non-dye finishes.  Those products where the non-dye substances to not become a part of the fabric matrix but remain, as defined by the CPSC, a surface coating are subject to the testing required by the CPSIA for children’s products.  For more information, please contact Marci Kinter at govtaffairs@sgia.org. SGIA will continue to monitor this activity and announce when the final rule will go into force. Sign up to receive the most up-to-date regulatory and legislative information about specialty imaging. 
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