New Rules on Consumer Product Safety

FAQs

Q: What new standards does the Consumer Product Safety Improvement Act (CPSIA) set for lead in children's products?

A: As of February 10, 2009, any toy or any other product intended for children 12 and under cannot contain any component or material with more than 600 parts per million (ppm) of lead. The lead limit phases down to 300 ppm by August 14, 2009; and finally, the limit phases down to 100 ppm by August 14, 2011.

Also, after August 14, 2009, the federal standard for lead in paint on children's products phases down from the current 600 ppm to 90 ppm.

The lead standards apply to all children's products sold after February 9, regardless of when they were manufactured.

Q: What standards does CPSIA set for phthalates?

A: The new law bans three phthalates, di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), and benzyl butyl phthalate (BBP), at concentrations of more than 0.1% in toys or child care articles (defined as products designed "to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.") The law also establishes an interim ban, pending review by scientific advisors, on three other phthalates, diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), at concentration so more than 0.1%, in toys that can be mouthed and in child care articles.

The phthalate standard is also effective February 10. However, CPSC has stated that the new phthalate rules apply only to products manufactured after February 9, 2009, ie, products with phthalates can be sold after that date if they were manufactured before February 9. This decision has raised concern among some members of Congress, who say that their intent was to stop the sale of products with phthalates regardless of when they were manufactured.

Also, it is now against California law (AB 1108) to sell any phthalate-containing children's product regardless of when it was manufactured.

Q: Are there exemptions to the new lead rules?

A: CPSC can establish a list of exempt products or materials, if such products or materials are shown to pose no threat of lead exposure and no other public health threat. Natural materials that pose no lead concerns, like cotton, untreated leather, hemp, etc. may be considered exempt materials. The law also allows CPSC to exempt lead components that are inaccessible, ie, if the component is covered by a sealed cover or case (eg, electronic products with sealed batteries or circuitry that contain lead.)

Q: Do retailers need to test all of their children's products?

A: The new rules state that manufacturers are responsible for providing certification of third-party testing of products that are made after February 10; if a retailer sells a private-label (store brand) product, the retailer is also responsible for providing test certification. Other than for private label products, retailers are not responsible for testing.

Q: Must retailers test products they have on their shelves now?

A:  Retailers are not required to test their products, but they are responsible for insuring that products meet the new requirements. Products that contain questionable materials, such as metal toys or jewelry, products with vinyl or other soft plastic materials, and some painted products sometimes contain lead and/or phthalates, so retailers may want to avoid such products or have them tested before offering them for sale.

Q: Do thrift shops and other resellers have to comply with the new rules?

A: Resellers are not responsible for testing their products, however they are responsible for complying with the new requirements.

For more information, see http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML