Representatives of STR were in attendance at a recent meeting sponsored by the Consumer Product Safety Commission (CPSC) at its headquarters on October 2, 2008. The purpose of the meeting was to discuss Testing and Certification requirements under the Consumer Product Safety Improvement Act of 2008. As the CPSC sought to offer clarification of the requirements for General Conformity Certification, Laboratory Accreditation and Mandatory Third-Party Testing of Certain Children’s Products, the following points were made:

General Conformity Certification:

• What is it? A General Conformity Certificate signifies that a product complies with a certain requirement, such as a government standard. It is essentially a self-certification, or a supplier’s declaration of conformity and it may or may not involve laboratory testing or labeling or marking of a product. It should be based upon a "reasonable testing program" which provides reasonable assurance that the product meets all requirements of the standard.
  
  
• Which products must be certified? General Conformity Certification is required for all products subject to a Consumer Product Safety Act (CPSA) ban and standard, or to any similar rule, ban, standard, or regulation under any other Act enforced by the CPSC. These include the Federal Hazardous Substances Act, the Flammable Fabrics Act, the Poison Prevention Packaging Act and the Refrigerator Safety Act. Soon, these will also include ASTM F963-07, once that becomes a mandatory standard, as well as the new lead content limits, when phased in, and the new phthalate bans when they become effective. General Conformity Certification can be used even for children's products until the mandatory third-party testing requirement becomes effective for those products.
  
  
• Who must certify? The manufacturer, including importers, as well as foreign and domestic manufacturers, must certify the product. If the product bears a private label, the private labeler must also certify the product, unless the CPSC relieves one or the other of the responsibility. A test laboratory may not certify the product.
  
  
• How are certificates made available? The certificate must accompany each product or shipment of products covered by the same certificate. A copy of the certificate (not necessarily a paper copy) must be furnished to each distributor or retailer of the product.
  
  
• What happens if I fail to certify? A product shall be refused admission if it is not accompanied by the required certificate or if it is accompanied by a false certificate. Under these circumstances, the product may be destroyed at the cost of the importer.
  
  
• When is the requirement effective? The General Conformity Certification requirement is effective November 12, 2008 and applies to products manufactured on or after this date that are subject to an existing standard, ban, etc. For future standards, bans, etc., certification will generally be required for products which are manufactured on or after the effective date of the standard, ban, etc.
  
  
• Click here to view the CPSC’s guidance regarding the form of certificates.
  
  
• Click here to view certificate content requirements as outlined by the CPSC.
  
  
• Click here to view a sample certificate as provided by the CPSC.

• What products must be certified? The requirement for third-party testing applies to every children’s product that is subject to a "children's product safety rule," which is defined to include any standard or ban under the CPSA or any similar rule, regulation, standard or ban under any other Act enforced by the CPSC, including a rule declaring a consumer product to be a banned hazardous substance.
  
  
• Who must certify? Every manufacturer of a children's product—defined as a consumer product designed or intended primarily for children 12 years of age or younger—must obtain third-party certification of that product. If the product bears a private label, the private labeler must also certify the product.
  
  
• What about methods? Methods for third-party testing depend on the standard, ban or similar rule applicable to the children’s product. Many of the CPSC's rules incorporate specific test methods, such as for cribs, pacifiers and bicycle helmets. Where no test method currently exists, the CPSC staff will provide additional guidance.
  
  
• Is XRF an acceptable test method? XRF (X-ray fluorescence technology) is not an acceptable means to test products for lead content for the third-party testing requirement. The CPSC is studying XRF but is not allowing for testing by XRF at this time. However, XRF may be used as part of a reasonable testing program for the General Conformity Certification requirement prior to the effective date of mandatory third-party testing.
  
  
• What about composite testing? Composite testing is not allowed for lead testing. Different components of a product need to be tested separately.
  
  
• Which products require certification under the phthalates and lead bans? All children's toys and child care articles, as defined in the CPSIA, are subject to third-party certification for phthalates, and all children's products, as defined therein, are subject to third-party certification for lead. Children's decorative room accessories and shoes would not be considered toys under the phthalates ban unless they have play value. Children's jewelry and children's sporting goods may be subject to the phthalates ban and third-party testing certification. Fabrics used in children’s toys and child care articles are subject to third-party testing for both lead and phthalates. Even a painted wooden rattle, obviously subject to lead paint third-party certification, would be subject to phthalates third-party certification, as phthalates may be introduced in the process of applying the paint and/or assembling the rattle's various components.
  
  
• When does mandatory third-party testing of children's products become effective? The timeline for third-party testing varies for different products and is based upon the CPSC's schedule for publishing laboratory accreditation procedures. To date, the CPSC has published its accreditation procedures only for lead paint. Products subject to the lead paint ban which are manufactured after December 21, 2008 require third-party testing by an accredited laboratory. The CPSC is next scheduled to publish its accreditation procedures for cribs and pacifiers sometime this month. Third-party testing will be required for cribs and pacifiers 90 days from said publication.
  
  
• Click here to view the CPSC’s Timeline for Third-Party Testing of Children’s Products.

STR continues to monitor closely the latest CPSIA developments through our presence at CPSC public meetings, and we will bring you the latest information available. As a CPSC accredited laboratory, STR is poised to assist our clients in complying with these new testing and certification requirements. We offer analytical expertise in lead and phthalate content testing. Our hazard prevention program for toys includes comprehensive design evaluation, safety testing, audit, inspection as well as responsible sourcing services. For more information, contact us at info@STRQuality.com.

012-10-08