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Hong Kong Toys & Games Fair
5 - 8 January, 2009

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HKTDC Toys & Games
HKTDC Toys & Games

13 March 2009
CPSIA Implementation Update

The Consumer Product Safety Commission has continued to move forward with the implementation of various provisions included in the Consumer Product Safety Improvement Act of 2008. The most relevant developments since 24 February are summarised below.

Final Procedures for a CPSC Determination or Exclusion

The CPSC will shortly publish in the Federal Register a final rule that sets forth the procedures and requirements for (1) a CPSC determination that a commodity or class of materials or a specific material or product does not exceed the CPSIA lead content limits and (2) a CPSC exclusion of a commodity or class of materials or a specific material or product under section 101(b) of the CPSIA that exceeds the lead content limits but will neither (i) result in the absorption of any lead into the human body, taking into account normal and reasonably foreseeable use and abuse of such a product by a child (including swallowing, mouthing, breaking or other children’s activities and the aging of the product) nor (ii) have any other adverse impact on public health or safety.

Any request for a CPSC determination that a specific material or product contains no lead or a lead level below the applicable statutory limit must be supported by objectively reasonable and representative test results or other scientific evidence showing that the product or material does not, and would not, exceed the lead limit specified in the request. A justification for a determination would have to include:

  • a detailed description of the product or material and how it is used by the child;
  • representative data on the lead content of parts of the product or the materials used in its production;
  • all relevant data or information on manufacturing processes through which lead may be introduced into the product or material;
  • an assessment of the likelihood or lack thereof that the manufacturing process will result in lead contamination of a material or product that ordinarily does not contain lead;
  • all relevant data or information on the facilities used to manufacture the material or product as well as any other materials used in the product;
  • an assessment of the likelihood or lack thereof that the use of leaded materials in a facility will result in lead contamination of a material or product that ordinarily does not contain lead;
  • any other information relevant to the potential for the lead content of the product or material to exceed the statutory lead limit specified in the request;
  • detailed information on the test methods used to support such data; and
  • any data or information that is unfavourable to the request that is reasonably available to the requestor.

The CPSC’s Office of Hazard Identification and Reduction (EXHR) will make an initial determination within 30 days after receiving a complete request for a determination, although it has the ability to request an extension. If the initial determination is affirmative, EXHR would submit the proposal for a ballot vote on whether to issue a notice of proposed rulemaking in the Federal Register seeking comments from the public. EXHR would then review any comments before making its final determination.

The CPSC notes that while materials or products covered by an affirmative determination would be relieved from the testing and certification requirements of section 102 of the CPSIA, manufacturers and importers would still be responsible for verifying that the materials or products have not been altered or modified or experienced any change in the processing, facility or supplier conditions that could impart lead into such materials or products. In addition, these materials or products must still comply with the CPSIA lead content limits at all times. The CPSC intends to take appropriate enforcement action in instances where this is not the case.

For products that exceed the lead content limits, the CPSC has set forth procedures that will allow for the evaluation of products or materials for possible exclusions. Any request for an exclusion must be supported by the best available, objective, peer-reviewed, scientific evidence showing that lead in such product or material will not result in the absorption of any lead into the body, taking into account normal and reasonable foreseeable use and abuse by a child, nor have any other adverse impact on health or safety.

CPSC Meeting on Phthalates

The CPSC will hold a public meeting on 12 March from 13:00 to 15:00 Eastern Standard Time to review the restrictions on phthalates included in section 108 of the CPSIA. Topics of discussion will include the requirements of section 108, the scope of products subject to the phthalate restrictions and test procedures for phthalates. Parties wishing to participate in this meeting should register on-line at http://www.cpsc.gov/cgibin/phth.aspx by 10 March. Hong Kong and mainland Chinese exporters may be interested in knowing that the meeting will be available live via webcast at http://www.cpsc.gov/webcast/index.html and that registration to view the webcast is not necessary. While the webcast is set to begin on 13 March at about 1:00? Hong Kong time, interested parties would still have the option of watching a recording of the meeting on the CPSC Web site.