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CPSIA Update 27:
CPSC Issues Statement of Policy and SOP on Phthalates Testing

  The General Counsel of the US Commission Product Safety Commission (CPSC) recently issued a Statement of Policy concerning testing for phthalates for compliance with Section 108 of CPSIA. The CPSC staff interprets the prohibition on specified phthalates to apply to “each individual plasticized component.” In line with this policy, the Commission staff released a new SOP for determination of phthalate concentration in each plasticized material. No. 142/09 August 2009.

CPSIA Update 26: CPSC Interpretative Rule on Inaccessibility for Lead Content

  The Consumer Product Safety Commission (CPSC) has recently published a final rule providing guidance with respect to what product components, or classes of components, will be considered inaccessible. This interpretative rule is effective 14 August, 2009. No. 140/09 August 2009.

CPSIA Part 25:
CPSC Denies Exclusion for Crystal and Glass Beads

  On July, 17th 2009, the US Consumer Product Safety Commission (CPSC) voted 2-1 to deny the Fashion Jewellery Trade Association’s (FJTA) request to exclude crystal and glass beads including rhinestones and cubic zirconium in children’s products from lead content rule under the Consumer Product Safety Improvement Act (CPSIA) of 2008. No. 138/09 August 2009.

CPSIA Part 24:
Tracking Labels for Children’s Products

  On 14 August, 2008, the ‘Consumer Product Improvement Act of 2008’ (CPSIA). was signed into law. Section 103 requires that, effective August 14, 2009; all manufacturers of children’s products must place permanent distinguishing marks on the product and its packaging to provide certain identifying information. No. 123/09 July 2009

CPSIA Part 23:
Lead Content Exclusion for ‘general purpose’ Pen Tip Components


  The Writing Instrument Manufacturers Association (WIMA) submitted a request for exclusion from the lead limit of the CPSIA on tip of ballpoint pens and roller ball pens on February 9, 2009. WIMA states that most of the pens sold for use in schools or by children are ballpoint pens and roller ball pens and the brass tips of these pens contain up to 5% lead, currently there are no alternatives materials that can be used. No. 111/09 June 2009

CPSIA Part 22

  The Consumer Product Safety Commission (CPSC) voted to deny the request for a stay on enforcement of section 103 of the Consumer Product Safety Improvement Act (CPSIA). No. 107/09 June 09

CPSIA Part 21:
Congress Drafts Amendments

  Several bills have been introduced in the US Congress to amend the Consumer Product safety Improvement Act of 2008 (CPSIA). The scope of the proposed amendments range from exemption of certain products containing specific materials to exemptions for second-hand sellers. No. 052/09 FEBRUARY 2009

CPSIA Part 20:
CPSC Offers Practical Guidance on Phthalates and Seeks Public Comment


  Consumer Product Safety Commission (CPSC) published guidance to assist manufactures, importers, retailers and consumers to determine what products are covered by the phthalates requirements. The effective date for phthalates was February 10, 2009. No. 045/09 February 2009

CPSIA Part 19:
CPSC Enforcement Policy on Lead in Children’s Products and Guidance for Certain Businesses


  The CPSC spelled out the enforcement policy for new lead limits in children’s products established by the CPSIA. Penalties will not be imposed on certain materials or products but sellers are not immune from prosecution if they are aware or continue to sell non-compliant products after being put on notice. The effective date for lead content in accessible materials other than paint / surface coating is February 10, 2009. No. 042/09 February 2009

CPSIA Part 18:
Interim Final Rule on Lead Exemption in Certain Electronic Devices


  The CPSC issued an interim final rule concerning certain electronic devices for which it is not technologically feasible to meet the lead limits as required under CPSIA section 101. No. 044/09 February 2009

CPSIA Part 17:
US District Court Rules Against the CPSC’s General Counsel’s Advisory Opinion Letter - Court Holds that the Phthalate Ban is Retroactive

  United States District Court, Southern District of New York, issued a ruling on February 5, 2009, on a law suit brought by the National Resources Defense Council, Inc. and Public Citizen, Inc against the US CPSC. The lawsuit challenged the Commission’s General Counsel’s determination that products containing phthalates could be sold if they were manufactured before the February 10, 2009, the date when the CPSIA legislation stated that the phthalates ban would come in to effect. No. 027/09 February 2009

CPSIA Part 14:
Supplementary Advisory Opinion on Books and Children’s Products


  Certification of children’s products based on third-party testing requires testing of the finished product for lead content and not just on components of such products. Certification based on third-party testing for lead content limits on children’s products is not required until August 2009. No. 029/09 February 2009

CPSIA Part 13:
Stay of Enforcement of the Critical Provisions of Consumer Product Safety Improvement Act (CPSIA)


  The US CPSC voted to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the CPSIA, which added certification and testing requirements for all products subject to CPSC standards or bans. A number of these requirements are slated to come in to effect on February 10, 2009 including lead content rule for children’s products, ban on use of certain phthalates in toys and childcare items, and mandatory testing of toys to ASTM F963. No. 020/09 February 2009

CPSIA Part 12:
Controversy and Confusion Continue in Regards to the Requirements of CPSIA and to the Pre-emption of Some State Laws


  Manufacturers and attorneys continue to question the implementation details of the CPSIA requirements and the pre-emption of some state regulations. Numerous letters have been sent to CPSC requesting clarification of the lead restrictions particularly as it affects materials that may not be considered hazardous or may be considered accessible. No. 015/09 January 2009

CPSIA Part 10:
Advisory Opinion on Books and Similar Products


  The CPSC published an advisory opinion on applicability of the CPSIA of 2008 for books and similar products. It provides further clarification regarding CPSIA requirements for ordinary books and books intended for children under 12 years. Books with inherent play value are applicable to the phthalates requirement. No. 012/09 January 2009

CPSIA Part 9:
Guidance for Sellers of Used Children Products


  CPSC reveals sellers of used children’s products such as thrift and consignment stores are not required to certify such products to meet the new lead limits, phthalates standard or new toy standard. No. 013/09 January 2009

US CPSIA Part 8:
CPSC Approves Exemptions from New Lead Testing Requirements


  The US CPSC voted yes to exempt certain electronic components and products containing lead along with certain natural materials used in children’s products from lead limits and testing requirements. No. 010/09 January 2009 Revised

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