BACKGROUND

While both Congressional parties were in agreement that CPSIA required changes, there was disagreement over the extent of these changes that resulted in several failed amendments.  After months of no movement, and propelled by the impending retroactive decrease in the lead limit for children’s products, a Bill was put together and then passed over the course of a few days that had bipartisan agreement and minimal opposition. The President is expected to approve the bill before an August 12th deadline and the amendments will be effective upon signature. (Note: Subsequent to this bulletin's release, President Obama signed the Bill into law on August 12th.)

OVERVIEW

(More details in following ‘Analytical Highlights’ section)
> The Bill contains 11 sections. Below is a summary of some significant CPSIA changes.
 
Lead in children’s products:
> The lead limit, set to decrease from 300 ppm to 100 ppm on August 14, 2011, will be prospective and not retroactive, and some exemptions and potential exemptions are outlined.

Application of third-party testing requirements:
> The requirement for “random samples” is removed in favor of “representative” samples for third-party testing under certification testing procedures.
> The CPSC will solicit comments and make any appropriate changes to the requirements targeted at reducing the costs of third-party testing.
> Some small batch manufacturers may apply for exemption from third-party testing requirements for any product with production under 7,500 units per year.

Updating standards for durable nursery products:
> Upon update of a standard, the CPSC will have 90 days to reject the standard or it will become a mandatory requirement 180 days after notification.

Application of the phthalate requirements:
> Clarifications were made to the application of the phthalate requirements.

Improved product identification on the Public Database:
> Provides more time when a claim is made of an inaccurate report.
> Requires the CPSC to request a serial/model number if not submitted.

Tracking label modification:
> Allows the CPSC to exempt products or class of products if it determines it is not practicable to mark such items.

Key Analytical Highlights

Changes to Lead Requirements
>100 ppm Total Lead in Substrates Requirement
     --- The total lead in substrates requirement that goes into effect on August 14, 2011 only applies to products  
     manufactured after the effective date.  All current inventory must still meet the 300ppm limit in order to be sold
     after August 14.

Functional Purpose Exemption from Lead in Substrates
> Off-highway motorized vehicles including snowmobiles
> Resale of used children’s products
    --- This exclusion does not apply to metal children’s jewelry or any product in which it is known that the product
    violates the lead limits
> Bicycles and other related products
   --- The lead limits for metal components described in the June 20, 2009 Notice of Stay of Enforcement Pertaining
    to Bicycles and Related Products continues to be effective for the products identified in the notice until December
    31, 2011. After that date, these metal components must meet a 300 ppm total lead limit
> The CPSC may grant exceptions for a specific product, class of products, material, or component part if all three of the following criteria are met:
    ---  The product or component requires the inclusion of lead because it is not practicable or technologically
    feasible to meet the lead requirement; and
    --- The product or component is not likely to be placed into the mouth or swallowed under normal and
    foreseeable use and abuse of the product; and
    ---  It will have no measurable adverse effect on public health and safety in that it will have no measurable
    increase in blood lead levels of a child.
    --- The Commission may establish a limit or place a manufacturing expiration date or compliance schedule for  
    any exception granted. Any such established limit will be effective retroactively unless otherwise stated

Third Party Lead Testing Exemptions
> Metal component parts on bicycles
> Ordinary books and paper-based printed materials
    --- Defined as ordinary books, magazines, post cards, and similar products printed on paper or cardboard,
    printed with inks or toners, and bound by conventional methods
    ---Third-party testing is still required for books with inherent play value, books intended for children three years
    or younger, accessories sold with an ordinary book, and components printed on material other than paper or
    cardboard or that contain non-paper based components which are not part of the binding or finishing materials
    used in a conventional method

Changes to Phthalates Requirements
> Applications
    --- Phthalates requirements only apply to plasticized component parts or other component parts that are made of
    a material that may contain phthalates
> Inaccessible Components
    --- Phthalates requirements do not apply to components that are inaccessible under reasonable and foreseeable
    use and abuse of the product. The Commission has one year to create a rule providing guidance on product
    components or classes of components that are considered inaccessible or adopt the same guidance as those used
    for determining inaccessibility for lead.    

How Can Bureau Veritas Help?
If you have any comments and/or questions about CPSIA or other analytical requirements, please contact your customer service representative or email: cps.info@us.bureauveritas.com