January 23, 2009
Second Advisory Letter on Application of CPSIA to Books; Lawmakers Urge CPSC for Exemptions
U.S. Consumer Product Safety Commission (CPSC) General Counsel Cheryl Falvey has written a second advisory letter concerning the application of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to books. This January 15, 2009, letter supplements the explanations she presented in her December 23, 2008, letter and makes the following points:
- A General Conformity Certificate (GCC) for lead content in children's products is required for products manufactured on or after February 10, 2009, when the 600 ppm lead content limit goes into effect.
- A GCC can be based upon a test of each product or upon a "reasonable testing program," which does not require third-party testing; can be based on XRF technology if used reliably; and does not necessarily require tests of the final product. It can be based on tests of the component parts of the books printed by the manufacturer so long as those tests are representative of the children's books covered by the GCC in all material respects.
- Retailers and distributors of children’s books can rely upon a GCC until the requirement for third-party testing for lead content in children's products goes into effect in August 2009, at which time the lead content limit will be 300 ppm.
- Third-party certification of children's products must be based on testing of the finished product and not of components. However, the CPSC is considering the issue of component testing and expects to issue additional guidance and rulemaking in the coming months.
It is important to note that the views expressed in Ms. Falvey's letter are her own and, having not been reviewed or approved by the CPSC, could be superseded at any time by the CPSC or by operation of law.
CPSC's second letter regarding books.
STR's previous News Alert regarding CPSC's first letter regarding books.
In a related development, four Congressional lawmakers have written to the leadership of the CPSC to express their concerns about the implementation of the CPSIA. In their January 16, 2009, letter they urged the CPSC to consider exempting the following product categories from third-party testing:
- Children's books that have no unusual components or materials beyond those of an ordinary book; and
- Children's apparel that consists entirely of dyed or undyed fabric that is unlikely to contain excess amounts of lead and does not include metal, plastic, or painted components that may contain excessive lead.
The recommended exemption would only be from testing and certification requirements, not from the lead limits themselves. An exemption for children's apparel would relieve not only apparel manufacturers but also resellers, such as thrift and consignment stores, which typically sell large volumes of apparel.
They encouraged the CPSC to provide clearer guidance on the issue of component versus finished product testing and to do so with greater speed than it has exhibited thus far. They urged the CPSC to provide guidance to consumers and manufacturers before February 10, 2009, and to strengthen its efforts to educate small businesses about the impact of the CPSIA.
Letter from Congress to the CPSC.
As a CPSC accredited laboratory, STR can assist our clients in complying with the new testing and certification requirements under the CPSIA. Our hazard prevention program includes comprehensive design evaluation, safety testing, audit, certification, and responsible sourcing services to help ensure that clients have the highest level of confidence in the quality, safety and social standards of their products and systems. For more information regarding STR global services, please contact us at info@STRQuality.com.
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