The CPSC stated within the context of CPSIA, manufacturers, retailers, and importers are all considered to be the equivalent to manufacturers.

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1 This FAQ covers questions related to the new Consumer Product Safety Improvement Act (CPSIA). The information is based on our understanding of the requirements as of September 18, 2008 and will be updated as more information and clarification are received. Definitions Q. 1 Under the CPSIA, who is considered the manufacturer? The CPSC stated within the context of CPSIA, manufacturers, retailers, and importers are all considered to be the equivalent to manufacturers. Q. 2 What is the definition of a substrate material? Do buttons, snaps, zippers and rivets have to be tested as substrates? The CPSC stated that any base material is a substrate. This includes materials such as plastics, metals, textiles (fabrics), paper, glass, and wood. Buttons, snaps, zippers, and rivets on children s products must comply with the lead requirements. Testing: General Q. 3 Is compositing allowed when testing for lead or phthalates? The CPSC stated that compositing of parts is not allowed. Further clarification is necessary and is being requested. Q. 4 How will the CPSC enforce compliance of product produced and warehoused prior to the enactment of the Act, specifically for lead in substrate and phthalates? The CPSC has stated that inventory product must comply with the lead requirements as of the effective dates. They have not provided their position on inventory product in regards to the phthalate requirement. Until a position is established, the CPSC recommends taking the safest action and place only compliant product on the shelf. CPSC stated that they will focus on new products and imports after the effective dates, however, they will also encourage the Attorney Generals at the state level to assist with enforcement. Q. 5 Will the CPSIA preempt California Proposition 65? No. The law does not preempt state labeling laws enacted prior to August 31, 2003, and California Proposition is listed within the Act as an example of a state labeling law not preempted.

2 Q. 6 When do the standards and consumer registration of durable nursery products go into effect? Lead According to the Act, no later than one year after the law s enactment (or August 14, 2009), the Commission will begin rulemaking and promulgate standards for no fewer than two categories of infant or toddler products every six months thereafter. Q. 7 Are fabrics considered a substrate and would they require testing under CPSIA? According to the CPSC, fabric is considered a substrate material and would need to comply with the specific total lead requirements. Q. 8 Are graphics and prints on textiles considered surface coating materials, or will they be tested along with the textile as a substrate for lead? If the print or graphic can be removed by scraping without lifting up the underlying textile, the print or graphic would be considered a surface coating and tested separately from the textile. Q. 9 Will more samples be required to conduct substrate lead testing? In most cases, additional samples will not be needed to conduct substrate lead testing. Q. 10 Will a product that complies with the requirements of EN-71: Part 3, also be in compliance with the lead requirements of CPSIA? The product may not be in compliance. The EN-71 test method determines the soluble or extractable amount of lead, whereas the CPSIA requirement is for the determination of total lead. Therefore, the EN- 71 method is less stringent than CPSIA. Q. 11 Is the total lead in substrate test method the same as the total lead in surface coating test method? No, substrate test methods differ from surface coating test methods. Substrates must undergo a more rigorous digestion, such as microwave digestion for plastics. Q. 12 Under the lead in substrate requirement, is an aging test required to determine inaccessibility of a component? The lead in substrate requirement does not apply to components that are inaccessible to a child through reasonable foreseeable use and abuse of the product, and that would include aging. It is not known if the CPSC will establish or require an aging test.

3 Q. 13 Do all types of materials in children s jewelry, including those classified as a class 1 material under California law, have to be tested for lead in substrate? The CPSC has confirmed that precious metals need to be tested and comply with this regulation. Additional questions have been submitted to the CPSC for interpretation of other Class 1 materials such as precious stones, crystals and pearls. Phthalates Q. 14 The Consumer Product Safety Improvement Act of 2008 (CPSIA) has just established a phthalates limit of 0.1%. The state of Washington previously set the same limit, but is more stringent than CPSIA as it requires the combination of the six phthalates to be less than 0.1%. Which requirements must be followed, since Washington was first to enact the phthalates requirement? According to the CPSC, the CPSIA intent is to preempt all state laws that address an identical hazard. Since CPSIA covers the hazard associated with phthalates, States should not have the authority to enforce a more stringent requirement, even if enacted prior to CPSIA. However, CPSC is reviewing each State law to confirm this position. Q. 15 Does wearing apparel fall under the scope of the phthalates requirement? The law indicates that the phthalates requirement includes toys and child care articles. A child care article is defined as a product that is designed or intended to facilitate sleep or feeding of children less than three years of age or help such children with sucking or teething. Only apparel that falls within this definition would be required to comply with the phthalates requirement. Q. 16 Is the phthalates requirement only applicable to accessible materials? If so, how is accessibility determined? The CPSC believes the intent of the Act is to include only accessible materials under the definition of mouthable products, however, the CPSC will confirm this position. Q. 17 Is jewelry required to meet the phthalates requirement? According to the CPSC, the phthalates requirement will apply to toy jewelry intended for children 12 and under.

4 Q. 18 Does sporting equipment, such as mitts, balls, and mouth guards fall under the definition of toys and have to comply with the phthalates requirement? The CPSC stated that sports equipment would not fall under the scope of the phthalate requirement unless the sporting goods are toy versions and intended for children under 12 years of age. Apparel Q. 19 Does children s apparel fall under the definition of children s products and would therefore need to comply with the lead in substrate requirements? If so, then what is the maximum size that should be tested to address children 12 years and under? Yes, children s apparel would need to comply with the lead in substrates requirement. The CPSC stated that the age grade guidelines would be revised. Since age versus size is not defined, the CPSC will default to the manufacturer s interpretation for guidance. Marketing and labeling claims should also be considered. Q. 20 Will tracking labels be required for children s apparel products? Should the tracking label cover the final product or list all the individual components? How will components such as zippers or snaps be traced to garments since they are bulk purchased and can cross styles? Children s apparel products must contain a tracking label. The finished product must comply. The label must contain the date and location of production as well as the batch or run number of the final product including any other required information to indicate the source of the product. It is the manufacturer s responsibility to maintain the source of all components within the final product. Q. 21 If a finished apparel product contains several components that require testing, can individual component certificates be issued instead of a final product certificate? The CPSC has stated that the certificate for each style or item must be representative of the manufacturing process. Final product testing is necessary if the final assembly affects the individual components. For example, final product testing is required for small parts testing.

5 Certification Q. 22 When does third-party certification under CPSIA go into effect? Third-party testing is required 90 days after the CPSC publishes the notice of the accreditation requirements for third party testing labs to a particular safety rule in the Federal Register (FR). Time Line for Establishing Laboratory Accreditation Requirements Product/Rule Date CPSC to publish requirements in FR Lead paint ban at 16 C.F.R. part not later than 30 days after enactment [September 13, 2008] Sep-2008 Dec-2008 Full sized cribs at 16 C.F.R. part 1508, non full-sized cribs at 16 C.F.R. part 1509, and pacifiers at 16 C.F.R. part not later than 60 days after enactment [October 13, 2008] Oct-2008 Jan-2009 Small parts at 16 C.F.R. part not later than 90 days after enactment [November 12,2008] Nov-2008 Feb-2009 Children's metal jewelry under the standards for lead at section 10 1(a)(2) of CPSIA --not later than 120 days after enactment [December 12, 2008] Dec-2008 Mar-2009 Baby bouncers, walkers and jumpers at 16 C.F.R (a)(6) and (a) --not later than 210 days after enactment [March 12,2009] Mar-2009 Jun-2009 Children's products subject to the 300 ppm lead content limit of Section 101 of the CPSIA other than metal jewelry -- not later than May 16, 2009 May-2009 Aug-2009 All other current CPSC children's product safety rules -- not later than 10 months after enactment of CPSIA [June 14, 2009] Jun-2009 Sep-2009 Date third-party test required (90 days after published in FR) Q. 23 How often should a product be certified through third-party testing? A testing frequency has not yet been established. New testing and certification is necessary whenever there has been a change in the product s design or manufacturing process, including the sourcing of component parts.

6 Q. 24 Who will be held accountable for the record keeping of the certificate? The CPSC has not defined who will be responsible for holding the certificates. The current recommendation is for each manufacturer, retailer and importer to maintain a copy of the certificate on file in an organized manner. Q. 25 Is the manufacturer required to supply each retailer with the certificate? Yes. Per the CPSIA, each retailer and distributor must receive a certificate. Q. 26 Are certificates required to accompany each container load or every master carton in a container? According to the CPSC, certificates can apply to the whole shipment. It is not necessary to have a certificate for each individual box if the shipment remains together. If the shipment is later split up, an individual certificate must accompany that portion of the shipment. Q. 27 Can testing labs issue certificates on similar products that may only vary in size or color (assortments)? Per the CPSC, one (1) certificate per product is required provided the materials and manufacturing process are the same. Variations in color would require different materials (dyes) or may incorporate different manufacturing processes and therefore would require a separate certificate for each color. We are reconfirming with the CPSC on this information. Q. 28 Can certificates be issued based on a hazard assessment? The CPSC indicated that testing is required for all applicable products. Hazard assessments are not allowed to replace testing. Q. 29 Is there a standard format for the certificate of compliance? Does this need to be issued by the manufacturer or private labeler or can a third-party test report be used as the certificate? The CPSC indicated that test reports are equivalent to certificates and must contain, at a minimum, the following in English: Identification of issuer and conformity assessment body Name of manufacturer or product labeler Date of manufacture Place of manufacture Date and place where product is tested Each party s name, full mailing address, and telephone number Contact information for the person maintaining records of test results

7 Tracking Q. 30 Are tracking labels required on domestically made products or are they only required for imported products? According to the CPSC, tracking labels are required for all products, imported and domestic. Q. 31 Do tracking labels have to be applied to each individual product, or can they be applied only to the packaging? The law states that the required information must appear on both the product and its packaging to the extent practicable. Q. 32 The date of manufacture can be over multiple dates. How can retailers make sure the items comply since retailers will typically only test one production lot? According to the CPSC, testing frequency and sample size have not been defined. Manufacturers and importers need to ensure that the certificate is representative of the production lot. The certificate should be representative of the materials and manufacturing process. If either the process or materials change, a new certificate is necessary. Q. 33 Will the tracking label requirement be met if a small toy or giveaway items is labeled with a date of distribution, a production date, and trademark information? Is it acceptable to include the batch code, factory name, country of origin, and the year of production on just the packaging for small toys or giveaway items? The label must contain the date and location of production as well as the batch or run number of each product including any other required information to indicate the source of the product. The CPSC is advising the label provide as much information as possible to limit the lot size for recall purposes. The CPSC may provide a model tracking label form to be used as an example. Further clarification is needed from the CPSC with regard to labeling of small item. Q. 34 Will there be location or font size requirements for the tracking label? Currently there are no defined guidelines. The CPSC is considering providing direction, possibly in the form of a rule. Q. 35 Are mandatory standards going to replace voluntary standards? The Commission will examine the effectiveness of any voluntary consumer product safety standards for durable infant and toddler products. They will promulgate product safety standards that are substantially the same as such voluntary standards, or ones that are more stringent than the voluntary standards, if it were determined that more stringent standards would further reduce the risk of injury associated with such products.

8 The following questions have been submitted to the CPSC for review and interpretation. DEFINITIONS Q: How does the CPSC define the age of children under 16 CFR 1303 or 16 CFR 1505, when it references articles intended for use by children? Does the definition of children s products from the CPSIA affect these requirements? Q: What is the definition of durable? Q: Can the CPSC define age limit in terms of shoe size? How will they define 3 years and 12 years regarding sizes? Q: How is the actual production date determined? Is it the first day the factory starts work on a product or the day it leaves the production line? TESTING: GENERAL Q: Does packaging have to comply with the lead or phthalates requirements? Does it matter if the packaging is intended to be reused (e.g., a heavy gauge reusable bag with a zipper closure to store a set of blocks)? Q: Will the CPSC conduct or expect an aging test to be performed for reasonably foreseeable use and abuse of the product? If so, how is this test to be performed? Q: Does the warning label that is required for the Internet advertisement, need to be on the same page as the product? Is it acceptable to require the user to scroll down the page to see it, click a link with a title called click here for safety info, have an information tab listing the information, or have pop-up s with the required information? Q: Is there any liability if the third-party test report reveals other non-safety related tests that have failed? LEAD Q: Will the CPSIA override the CPSC interim jewelry requirements for children s metal jewelry? Q: Will the CPSC expect all textile materials in children s products including low risk materials such as white cotton from an onesie, be tested for lead in substrate? Will all wood in children s furniture have to be tested? Q: Do labels on children apparel have to comply with the lead in substrate requirement? PHTHALATES Q: Will the CPSC screen all types of plastics for phthalates or only certain high-risk plastics, such as PVC, PU, and EVA? Will they test PC, ABS? Do they expect companies to test all types of plastics for phthalates? If not, what criteria will they use to determine what materials have to be tested? Will they use criteria such as PVC, rubber, etc? Will any plastics be exempt from testing? Q: Will the law include a provision for companies to sell off existing product that may contain phthalates after the effective date? Q: Will the CPSC use the EU phthalates guidance document to determine the scope for the phthalates requirement?

9 Q: Will the CPSC require non-plastic materials such as nail polish be tested for Phthalates? Q: Will there be further guidance provided for mouthable products under the phthalates requirement, similar to the Guidance documents provided by the EU? For example, how should inflatable items be evaluated, in the inflated or deflated state? Q: Do bibs and sleepwear fall under the phthalates requirement? Is there any other apparel that would fall under the phthalates requirement? Q: Does a (4cm) wheel on a toy car intended for children 8 years old and over have to comply with the phthalates requirement as it falls under the definition of a toy that can be placed in a child s mouth? Q: Does a (4cm) wheel on a stroller have to comply with the phthalates requirement as it falls under a definition of a child care article? Q: As ASTM D3421 is withdrawn; will the CPSC accept phthalates determination based on ASTM D3421? Will the CPSC accept any validated in-house test method? Q: If a plastisol print or PU/PVC lamination on a textile cannot be physically separated from the textile substrate, will the CPSC consider the phthalates compliance on the printed or coated textiles as a whole, or will it be based on the print or PU/PVC laminate only? TRACKING LABELS Q: Could hangtags and adhesive labels be used as tracking labels for textile type items? Q: Can a number or website meet the tracking label requirement for small products? Q: If the tracking label is in place and has the required information, but the factory has since gone out of business, who will be liable? Additional Resources For more FAQs, documents and updates, visit the CPSC s website: For more information on the Consumer Product Safety Improvement Act of 2008, please contact: Analytical Services, Americas: analyticalservices@us.bureauveritas.com Toy/JP Technical Services, Americas: ToyJPTechnicalServicesAmericasMail@us.bureauveritas.com, Inc. ( BVCPS ) provides the information in these frequently asked questions as is. In no event will BVCPS be liable for any loss in profits, business, use or data or for indirect, special, incidental, consequential or other damages of any kind in connection with these frequently asked questions. These frequently asked questions are a resource of general information and do not constitute the legal or other professional advice of BVCPS. Readers of these frequently asked questions should seek legal counsel regarding statutory or regulatory requirements discussed in these frequently asked questions. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR- POSE, IN CONNECTION WITH THESE FREQUENTLY ASKED QUESTIONS. Copyright 2008, Inc. All Rights Reserved. 09/08