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CPSC extends enforcement on testing of children's products

21
Dec '09
The U.S. Consumer Product Safety Commission voted unanimously (5-0) to extend a stay of enforcement on testing and certification of many regulated children's products. While enforcement of specific CPSC testing requirements has been stayed, the products must still comply with all applicable rules and bans.

Children's Products:

Categories of children's products to remain covered by the stay of enforcement include: children's toys and child care articles with banned phthalates, children's toys subject to ASTM's F-963 toy safety standard, caps and toy guns, clacker balls, baby walkers, bath seats, other durable infant products, electrically-operated toys, youth all-terrain vehicles, youth mattresses, children's bicycles, carpets and rugs, vinyl plastic film and children's sleepwear.

The stay of enforcement will remain in effect for these children's products while CPSC continues to work toward recognizing labs. Independent third party testing and certification will only be required for these categories of children's products 90 days after CPSC publishes the laboratory accreditation requirements for any individual category in the Federal Register.

Additionally, the Commission voted 4-1 to extend the stay on certification and third party testing for children's products subject to lead content limits until February 10, 2011. Under this decision, products must still meet the 300 ppm lead limit now, but certification and third party testing to show compliance will be required for all children's products manufactured after February 10, 2011. A children's product is one that is primarily intended for children 12 and younger.

The stay will end on February 10, 2010 for four children's products: bicycle helmets, bunk beds, infant rattles and dive sticks. These children's products, manufactured after February 10, 2010, will be required to have certification based on independent third party testing. The testing must be conducted by a laboratory recognized by CPSC.

Unchanged is the current independent third party testing and certification required for all children's products subject to the following consumer product safety rules:

• The ban on lead in paint and other surface coatings
• The standards for full-size and non full-size cribs and pacifiers
• The ban on small parts
• The limits on lead content of metal components of children's jewelry

Nonchildren's Products:

Under the CPSIA, different rules apply to nonchildren's products. Domestic manufacturers and importers are not required to test nonchildren's products using an independent third party lab. However, they must certify that nonchildren's products comply with applicable CPSC regulations by issuing a general certificate of conformity (GCC) based on a reasonable testing program.

A GCC will be required for some nonchildren's products manufactured after February 10, 2010. These products include: architectural glazing materials, ATVs, adult bunk beds, candles with metal wicks, CB antennas, contact adhesives, cigarette lighters, multi-purpose lighters, matchbooks, garage door openers, portable gas containers, lawn mowers, mattresses, unstable refuse bins, refrigerator door latches, swimming pool slides, products subject to regulations under the Poison Prevention Packaging Act (PPPA), paint and household furniture subject to lead paint regulations.


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