The Consumer Product Safety Improvement Act of 2008 (CPSIA)

Gary Jones
Director of Environmental, Health and Safety Affairs

Todays Agenda
Introduction and Background

Key Definitions
Lead and Phthalate Limits Testing and Certification

Tracking Labels
Component Exemptions Testing and Certification Rules

Advocacy
Next Steps

Introduction
New legislation signed into law August 14, 2008 Consumer Product Safety Improvement Act (CPSIA)

Under the jurisdiction of the Consumer Product

Safety Commission (CPSC) Establishes lead and phthalate limits in childrens products, toys, and child care articles
Establishes testing and certification requirements
Delayed until February 10, 2011!!!

Establishes tracking and labeling requirements Became effective August 14, 2009!!!

Key CPSIA Definitions

Childrens Product a consumer product designed or

intended primarily for children 12 years of age and younger.

Childrens Toy a consumer product designed or

intended by the manufacturer for a child 12 years of age or younger for use when the child plays
Child Care Article a consumer product designed or

intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.

CPSIA Lead Limits (Section 101)

Lead limits for Childrens Products

Product total lead content limit:

300 ppm as of August 14, 2009 100 ppm on August 14, 2011, if technologically possible

Printing ink and other input materials are included

as they are used in Childrens Products

Printing ink is not lead paint under lead paint limits

CPSIA Phthalate Limits (Section 108)

Phthalates are plasticizers Make plastics soft Bans on use in childrens toys & child care articles Permanent ban
Products may not contain more than 0.1% DEHP, DBP, BBP di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or

benzyl buty phthalate (BBP)

Interim ban
Products may not contain more than 0.1% DINP, DIDP, DnOP diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-

octyl phthalate (DnOP) Applies only to Childrens toys that can be placed in the mouth and child care articles

CPSIA Certification & Testing (Section 102)

Certification based on Third Party Testing Required beginning February 10, 2011
Applies to lead content and phthalates Certifications currently required for lead paint

Requires testing of finished product by accredited

third party laboratory

Component testing allowed for certain input materials and

plastic parts

Testing based on sufficient samples of childrens

product, or samples that are identical in all material respects to the product
Certification issued by manufacturer

CPSIA Certification & Testing (Section 102)

CPSIA certifications Required before product is imported for consumption or warehousing or distributed in commerce Certifications must include Identification of product tested Identification of appropriate CPSC standard certified Identification of manufacturer and/or importer Date and place of manufacture Date and place where product was tested Identification of third-party laboratory Contact information for individuals responsible for maintaining testing records

CPSIA Tracking Labels (Section 103)

Began August 14, 2009 Manufacturers required to place permanent,

distinguishing marks on childrens products and packaging. Required Information

Manufacturer Location and date of production Cohort information such as batch, run number, etc,

and any other identifying characteristics needed to ascertain the source of the product

Tracking Labels (Section 103)

No uniform one-sized fits all system Label vs. distinguishing marks Commission does not require a singular collection of information in one discrete location Information must be ascertainable Does not require codes, formats or numbering systems Marking the product and its packaging In certain circumstances marking only the packaging will be acceptable

Childrens Product Definition

Finalized October 14, 2010 Added definition for General Use Products Products not designed or intended primarily for the use by children 12 years of age or younger
Examples include candles, fireworks products with child

resistant features - gasoline containers lighters

For Use Definition A child 12 years of age or younger will physically interact with the product based on reasonable foreseeable use of it Childrens Product Definition Product designed or intended primarily for children 12 years of age or younger Four factors to be used

Childrens Product Definition

Manufacturers statement about intended use of

the product including a product labels

Product use statement should be consistent with

expected use patterns

Product represented in its packaging, display,

promotion or advertising as appropriate for use by children 12 years of age or younger Product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger Commissions Age Determination Guidelines
Issued in 2002

Lead Determinations
Final Rule Issued August 26, 2009 Paper, certain printing inks, and other input

materials determined by the Commission not to exceed 100 ppm of lead.

No longer subject to Section 101

No section 102 certification required for products

made exclusively from exempt components

Additional work on the issue continuing

Lead Determinations
No longer require testing Still require testing
Paper Any product printed with four Spot or PMS inks Saddle stitching wire Non-animal based glues

color process inks (CMYK) Any product coated with varnish, water-based, or UVcured coatings Threads used for book binding Animal based glues Adhesives that are not accessible* Binding materials that are not accessible*

that are accessible* Metal coils both coated and uncoated for coil bound materials Plastic coils for coil bound materials Foils used in foil stamping Laminates

*CPSC has specific rule on accessibility

Testing and Certification Rules

Proposed May 20, 2010

Two separate rules proposed Product Testing = aka 15 month rule Component Testing Comments submitted August 3, 2010 by Printing

Industries, BMI, AAP Rules address component testing, sampling, testing frequency, undue influence, material change, small manufacturers, and certification.

Testing and Certification Rules

Can test either whole product non-exempt

components Initial testing product or a non-exempt required

No additional testing is required until 10,000 units of

finished product are manufactured, Or

Material change occurs that would affect ability of

product or non-exempt component to be in compliance

Testing for products or non-exempt components

with more than 10,000 units will be allowed on a yearly basis unless there is a material change

Testing and Certification Rules

Material Change Any change in the products design, manufacturing process, or sourcing of component parts, that a manufacturer using due care knows, or should know, could affect the products ability to comply with applicable rules, bans, standards, or regulations
Product design changes include composition, interaction,

or function of all component parts

Manufacturing process changes include new cleaning

solvents, new product molds, or new manufacturing techniques

Component part changes include part composition, part

supplier, or using a different part from the same supplier

Testing and Certification Rules

Representative product or non-exempt

component testing can be used instead of testing each product every time it is manufactured
Representative testing only allowed if the products are

identical in all material aspects

Developing and implementing a reasonable

testing program (RTP) will extend the testing frequency to every two years
RTP has 5 elements

Testing and Certification Rules

RTP Elements Product Specification- Product description and all applicable rules, standards, regulations, and bans Certification Tests- Certification tests completes before issuing a general conformity certificate Production Testing Plan-Describes what tests must be performed at what frequency Remedial Action Plan-Describes steps to be taken when samples of products/components fail a test Recordkeeping-General conformity certificates, product specifications, certification tests, compliance with production testing plan, remedial actions

Testing and Certification Rules

Printing Industries, BMI, AAP Comments Allow testing of components components
Mixing bases for spot or PMS inks

Reaffirm categorical testing is allowed as

representative testing
Two color books/jobs, four color books/jobs, etc

Reasonable Testing Program More flexibility on random sampling Eliminate annual staff training for undue influence Extend testing to every 4 years

Testing and Certification Rules

Printing Industries, BMI, AAP Comments Revise Compliance Certificate to make specific product or component testing information optional or allow the use of codes for generic certificate
Lab identification, date of testing, location of testing, etc

Allowing component certification from a supplier

to apply to all of the same material from that supplier, not just the batch or lot tested, unless there is a material change.

What is the Printing Industry Doing?

Advocacy Before CPSC Formed industry taskforce of leading manufacturers and allied associations
Includes PIA, AAP, BMI, MPA, AF&PA, & NAPIM

Launched an online database to collect and

disseminate test data Engaged in written dialogue with CPSC regarding need for exemptions and flexibility Ongoing meetings with CPSC Commissioners, General Counsel, and Compliance Team
January 15, 2010 Report to Congress

Meetings with legislators and staff Bills introduced in 2010 to exempt books and other printed matter

CPSIA Next Steps

Task force analyzed Aug 09 CPSC determination Test data alone is not sufficient CONEG is not sufficient no 3rd party testing Need to present technical reasons why lead cant be used in remaining components

Distributed vendor request letters/phone calls Need to go back deep into the supply chain
Lobby group formed to continue pressure on

Congress seeking legislative relief

Thank you for listening!

Gary A. Jones
Director, Environmental Health, & Safety Affairs (412) 259-1794 gjones@printing.org www.printing.org