What type of testing is required to satisfy CPSIA (Consumer Product Safety Improvement Act) requirements? Jim Hingst explains what manufacturers need to know about product testing and documentation...
 The Consumer Product Safety Improvement Act (CPSIA) of 2008 imposes new rules and testing requirements for children’s products. If you are a manufacturer, importer, distributor or retailer of consumer goods, your products must comply with CPSIA regulations. |
Did you think that one time testing of children’s
products would satisfy CPSIA requirements? Fat chance! Dealing with any government agency is never
that easy! If you plan to manufacture or
import children’s products, ongoing testing and detailed documentation will be
a requirement for participation in the market. In this month’s column, I will
review the regulations that could affect you and what you need to do to be
compliant. Implementation of the new law
went into effect at the end of December 2011.
Ongoing CPSIA Testing.
One time testing just doesn’t cut it, even if you are
ordering the identical raw materials from the same vendor. If the raw materials came from different
batches, each batch must be tested. As a printer, if you order a variety of
base colors, each color must be tested for each batch. If your vendor has submitted the inks or
other raw materials for testing, you are responsible for maintaining the
documents that validate compliance.
Don’t take the manufacturer’s word that everything is
hunky dory. The vendor’s assurances that they are in compliance, frankly
doesn’t amount to a hill of beans. As Ronald Regan counseled: “Trust, but
Verify!” You, not your supplier, are
required to maintain records. You documentation should include the following:
- The name and physical address of the accredited testing facility.
- Physical proof that the lab, that conducted the testing, was accredited by the CPSC.
- Documentation of the test method used. You will need a test report for each component tested.
Who is Responsible for CPSIA?
Blame him for everything else, but you can’t blame Barack Obama the Consumer Product Safety Improvement Act (CPSIA). In part, the law was Bush’s fault. President George W. Bush signed the bill into
law near the end of his administration in August of 2008.
In fairness, there’s enough blame on both sides of the
aisle for this abominable legislation. In fact, in the House of
Representatives, the cantankerous contrarian, Ron Paul, was the only dissenting
voice of wisdom in the wilderness. All
of the other well-intentioned congressmen followed one another over the cliff
into the bureaucratic abyss.
While our politicians wrote and implemented the law, the
real boogey man responsible for the CPSIA is China. In 2006 and 2007 consumer
watchdog groups alerted the public to the alarmingly high lead content in toys
for foreign manufacturers. Fear over high levels of lead in Chinese toys
forced Congress to respond to the public outcry for stricter regulation of
children’s products. Once the legislative ball started rolling, the CPSIA bill
gained momentum. There was no stopping it.
With public concern at a fever pitch, environmentalists
took advantage of their window of opportunity to push for regulation of phthalates.
Phthalates are a type of plasticizer that makes plastics softer. The Europeans
have harped about the dangers of plasticizer bugaboo for many years. Once they
started to regulate their content in plastics, phthalates were soon in the environmentalist’s
crosshairs in this country. The rest is history.
The legislation significantly increased the budget of the
Consumer Product Safety Commission (CPSC). It’s just what our country needed – more
funding for more bureaucrats with more regulatory power! The law also
established new standards for acceptable levels of lead and phthalates in just
about any type of product intended for use by children ages twelve and under.
Compliance with the law also encompasses requirements for testing and documentation
– lots of documentation that affects manufacturers printing and heat pressing
appliques on children’s clothes.
Which Products Require Testing.
You may be wondering if your product falls into the
government’s category of a children’s product and requires testing. According to Marci Kinter, SGIA VP of
Government & Business Information, here are a few questions to make that
determination:
- Have you made any statements that you product is intended for use by children?
- Do your advertising, marketing materials, packaging and labels promote the product as being appropriate for children?
- Is your product generally regarded by the public as something intended for children?
Answer yes to any of these questions, and the CPSC will
probably classify your product as being intended primarily for use by children
ages 12 and under. For the broad category of products for children under the
age of 12, you will need to test for and satisfy the requirements for lead
content; provide a tracking label for the batch produced; and provide a General
Conformity Certificate for each order shipped.
Within that broad category, there is a subcategory that
covers products for children ages 3 and under. Any plasticized item, must be
tested for and satisfy the requirements for phthalate content.
Fines for CPSIA Non-Compliance.
Don’t take the law lightly. If you do, the feds will hit you where it
hurts the most – in your pocketbook.
Fines for non-compliance are astronomical. And for serious violations, go directly to
jail, do not pass go and do not collect $200. Sentences are up to five years
imprisonment.
For first time violations, fines are at least $5,000. For
serial offenders, you could fork over $100,000 for an infraction. Why are fines so high that they could cripple
a business? The problem was that
previous laws, such as the Lead Free Toys Act didn’t have the teeth to be
effective. The CPSIA, designed to remedy the shortcomings of earlier
legislation, will definitely take a big bite from any violator’s hide.
Get the Lead Out.
One major
objective of the CPSIA is to greatly reduce the amount of lead allowed in
coatings such as paint from 600ppm to 90ppm. Levels of six phthalates (DEHP, DBP, BBP,
DINP, DIDP and DnOP) are also restricted in children’s
toys and articles intended for children and anything that a child can put in
his mouth to a level no greater than 1/10%. The law covers just about
everything that a child can get his hands or mouth on, except shoes. Wearing apparel falls under the definition of child care article, if
intended to facilitate eating or sleeping. This could include blankets,
bibs, pajamas and pillow cases.
Few Exceptions.
Just so there is no misunderstanding. Testing is not
optional. If your product is intended
for use by a child age twelve or younger, you must have your product tested by
a certified laboratory and you must provide your customers with a General Conformity
Certificate.
OK, there are a couple of exceptions. Textiles are exempt
from the CPSIA testing requirements. “Natural
and synthetic fibers don’t typically contain phthalates and generally do not require
testing,” says Marci Kinter, SGIA VP for Government and Business Information.
There are, of course, a few exceptions to this textile
exemption. The garment must be comprised of a natural fiber, such as
cotton. BUT, if the garment has buttons
or zippers or baubles, bangles and beads, the individual components will need
to be tested.
Heaven forbid that the garment is screen printed or has
been decorated with a heat transfer applique. “Inks may contain plasticizers,” Kinter says, “which
means that printed materials must be tested.”
There are absolutely no exceptions for screen inks,
especially those nasty plastisol inks. Even if there are no plasticizers in
modern plastisol inks, we better just test them anyway. Digital inks – they’re
no better! Test them all.
In August of 2011 the publishing industry did
win an exemption. Ordinary children’s books intended for children above the age
of three are now exempt. What the CPSC
defines as an ordinary book is one that is made of paper or cardboard. However, if the book contains a plastic
applique or beads, it must be tested for lead.
Small Batch Manufacturer’s Exemption.
There is one other exemption. This year President Obama
signed the Small Batch Manufacturer’s Exemption. To qualify, your business must
satisfy both of the two following requirements:
- Sales of all consumer products must be $1 million dollars or less per calendar for the total company.
- No more than 7500 units of the same product was produced in the previous year.
I am not sure what this exempts you from. You still are
subject to the limits for lead and phthalates. You still need to issue a
General Conformity Certificate. You still must have a tracking label system in
place. And you must register with the CPSC for inclusion in their database.
Other than that, everything else is smooth sailing.
Component-Part Testing.
In
Heartbreak Ridge, Clint Eastwood delivers one of my favorite movie lines. In
introducing himself to the members of his platoon, Gunny Thomas Highway, played
by Eastwood, announces: “life as you know it has just ended.” For manufacturers,
who intend to continue making children’s products, the CPSIA requirements have
ended their way of doing business.
For
component part testing, you will need to document every test for every component
and identify who did what test and where they did it. And you will need to
maintain those records for at least five years. That’s longer than you need to
keep your tax returns. And you thought that the IRS was tough!
Thorough
documentation is critical for traceability, so the manufacture can track each
component to every product manufactured.
The good intention behind component part testing is that it should
reduce the cost of finished product testing. That’s the concept. Whether actual testing costs are reduced is
questionable. Film and details at eleven!
Why
am I so skeptical? Every time a
component changes, another test is required. What that means for printers is
that each base color must be tested for each batch or each lot number. When
your supplier sends you a new batch of ink, it must be tested again. None of
the previous tests on previous batches of ink are valid.
Who
pays for these tests? When the manufacturer pays for the new test, he passes
his cost on to you. In turn, you pass
this cost on to your customer. In the end, it’s the American consumer, who pays
the piper. The $6 tee shirt now costs $10.
CPSIA Traceability.
The CPSIA also
“requires the manufacturer to certify that the finished product does not
contain any of the prohibited levels of restricted chemicals,” says Tom
Pidgeon, VP of Marketing and Sales for the DK Group, “and there is
traceability.” Manufacturers are
required to attach tracking labels to their product, to aid the recall of
products in the event of a problem.”
“Component
manufacturers, who supply the primary manufacturer, are under no obligation to provide
testing/certification, even if the component is ultimately used in a children's
product,” Pidgeon says. The CPSC ruled that component testing is strictly a
voluntary method, which either the component manufacturer or the final product
manufacturer can undertake. “Each component needs to comply with the CPSIA
regulations, but the component manufacturer is under no obligation to test
their parts, so this burden will likely fall on the end manufacturer.”
Accredited Testing Labs.
The Consumer Product Safety Commission, www.cpsc.gov,
will list accredited test laboratories.
After testing the product, the testing lab supplies the results, and the
manufacturer must issue a general certificate of conformity that certifies that
the product satisfies all applicable CPSC requirements.
Costs for testing lead content are as little
as $50 to $100 per test. Testing for
phthalates can cost as much as $350 per test.
New for 2012.
After December 31, 2011, you must provide a
General Conformity Certificate (GCC) for each order shipped. The good news is
that you can create and send the certificate electronically. Whichever format you use, the GCC must have
the following prescribed information:
- Your certificate must be in English. If you are an importer, you must have any information translated into English. (NOTE: As an importer, YOU are considered to be the final product manufacturer.)
- The certificate must specifically identify each product in the order.
- You must cite each CPSC regulation which pertains to your product, such as standards for lead, phthalates and flammability.
- The certificate must cite full company information (full name of the company, address, phone number, e-mail address and the name of the person in your organization who is responsible for maintaining the test records).
- Date and place of manufacture (if you have more than one manufacturing plant).
- Date of each test report on which your GCC is based.
- Full identification of the 3rd party labs that conducted the tests.
Beginning 2012, all children’s products must
be tested. As a final product
manufacturer, you have a choice. You can
either have all of the individual components tested. Or you can have the final
product tested.
Under Construction... Evolving CPSIA Regulations.
Federal government regulations are always evolving. This makes understanding the requirements
for compliance with the CPSIA challenging. While Congress passed
the CPSIA umbrella legislation, it is the bureaucrats who write the specific
regulations, which are intended to comply with and enforce the spirit of the
law. Like it or not, that’s the way Washington works.
As the CPSC adopts new rules and policies,
you will need to understand how this affects your business and what you need to
do to comply with their regulations. SGIA monitors governmental regulations,
which apply to printers. Its website, www.sgia.org regularly posts articles on
environmental policy, testing requirements and changes in legislation, which could
affect screen printers and digital printers.
To keep current with their changes, a regular
visit to their website is time well spent.
SGIA also regularly hosts webinars on environmental issues, which you
can attend, if you are a member. If you
are not an SGIA member, maybe it’s time to belly up to the bar and join.
SAFETY ARTICLES
Hingst began his career 42 years ago in the graphic arts field creating and producing advertising and promotional materials for a large test equipment manufacturer. Working for offset printers, large format screen printers, vinyl film manufacturers, and application tape companies, his experience included estimating, production planning, purchasing and production art, as well as sales and marketing. In his capacity as a salesman, Hingst was recognized with numerous sales achievement awards.
Drawing on his experience in production and as graphics installation subcontractor, Hingst provided the industry with practical advice, publishing more than 150 articles for publications, such as Signs Canada, SignCraft, Signs of the Times, Screen Printing, Sign and Digital Graphics and Sign Builder Illustrated. He also posted more than 325 stories on his blog (hingstssignpost.blogspot.com). In 2007 Hingst’s book, Vinyl Sign Techniques, was published.
© 2015 Jim Hingst
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