GUIDANCE ON CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF

Transcription

1 GUIDANCE ON CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008 Section 103: Determination of the Practicability of a Tracking Label on Product and Packaging Scope This guidance document is intended to assist Walmart and Sam s Club proprietary brand suppliers with determining whether it is practicable to place a permanent a children s product as required by Section 103 of the Consumer Product Safety Improvement Act of 2008 (CPSIA). For a definition of proprietary brand please refer to the FAQ document on Retail Link entitled Children's Proprietary Brand Product Tracking Label Frequently Asked Questions. All guidance in this document is subject to change based on future rulings by the Consumer Product Safety Commission (CPSC). Discussion Tracking Label on Product Section 103 of the CPSIA requires that children s products and their packaging, manufactured on or after August 14, 2009, have a tracking label, to the extent practicable. In the event of a recall, this tracking label must allow the manufacturer to: Determine the location and date of production Determine the batch or lot number Determine any cohort information Determine the source of the children s product by including any other information the manufacturer deems necessary to help In the event of a recall, this tracking label must allow the ultimate purchaser of the children s product to: Determine the manufacturer or private labeler of the product Determine the location and date of production of the product Determine the batch or lot number Determine any cohort information or other identifying characteristics The practicability of using a tracking label is assessed by examining the size and surface area of the children s product. In general, if the product is able to be conspicuously labeled with the country of origin marking (e.g. Made in China ) adding a tracking label could be considered practicable. It can be argued that adding a tracking label to a product will detract from the aesthetic value of the product. While this may be true, it will only be a consideration if the product is meant to be aesthetically pleasing, such as jewelry. We encourage suppliers to consult their legal counsel for questions regarding the issue of practicability. Revised 7/22/2009 Page 1 of 10

2 The following factors should be considered when determining whether it is practicable to place a permanent a children s product that is a single item: Size of children s product the product may be too small for a legible tracking label (Jewelry, Lego Blocks, etc.). o If the product is able to be conspicuously labeled with the country of origin marking (e.g. Made in China ), adding a tracking label of equivalent font size is practicable. The tracking label can be placed in the same location as the country of origin marking and/or UPC. o Tracking label can consist of alpha-numeric characters and be limited to digits. Affect on aesthetic value of product - surface area and type of product is such that there would not be space for permanent tracking label without marring aesthetic value of product. Affect on shape, functionality, material, safety, etc. - suppliers must take all aspects into consideration when placing the product. If, through exhaustive attempts, the supplier has determined that the tracking label will adversely affect the product s functionality, safety or other equally significant aspects of the product, the supplier may deem the use of a tracking label not practicable for purposes of the CPSIA tracking label requirement. For example, using an ink stamp on a food contact surface such as a baby bottle nipple might affect the safety of the product. In addition to applying the factors for a children s product that is a single item, the following factors should be considered when determining whether it is practicable to place a permanent tracking label on a children s product that is a component of a multiple item set or an item with interchangeable parts: Whether the components are available for purchase separately from the set (e.g. Little People) Whether the component has a function outside of the set (e.g. Monopoly Chance Cards do not have a function outside of the game) Whether the component is the main component or reusable packaging for the set o A game board is an example of a main component o A tub for a set of blocks is an example of reusable packaging Number of components in the children s product and the size of those components If it is determined that it is not practicable to place a permanent the product or packaging, justification and explanation of the logic used to make this determination must be listed with the tracking number on the General Certification of Conformity (GCC). Justification and logic must also accompany samples for pre-production and production testing. For additional information on the format of the tracking label please refer to the Children's Proprietary Brand Product Tracking Label Frequently Asked Questions and Tracking Label Process for Proprietary Brand Suppliers documents which can be found on the Merchandise Compliance site on Retail Link. Please also refer to the CPSIA Compliance Standards for Walmart Proprietary Brands which can be found on the Packaging Tool Kits > Pkg Production Guidelines site on Retail Link. Revised 7/22/2009 Page 2 of 10

3 Discussion Tracking Label on Packaging If deemed practicable, the tracking label must appear permanently on the product and any reusable packaging. The tracking label must remain on disposable packaging until the point of sale. Reusable packaging is intended to stay in use with the product (e.g. zippered bag in which the products are stored after use by the child) Disposable packing is customarily discarded after point of sale (e.g. cellophane bags, hang tags, stickers, bubble wrap, Styrofoam, hangers) In general, the tracking label is required for disposable packaging however, a tracking label will not be required on disposable packaging if one or more of the following factors apply: In the absence of substantive packaging (e.g. product only uses small UPC sticker) If the product tracking label is legible through the packaging without being opened (e.g. product tracking label can be easily seen thru plastic clam shell package) If the product tracking label is easily accessible while on the shelf or rack (e.g. sewn-in apparel label can be accessed while apparel item is hanging on rack) For see-thru packaging, the tracking label must be legible or easily accessible without opening the package. Revised 7/22/2009 Page 3 of 10

4 Decision Tree - Determination of the Practicability of a Tracking Label Is the children s product a single item or a multiple item set? Single Item Multiple Item Set or Item with Interchangeable Parts Is the single item large enough to accommodate a tracking label that uses alphanumeric characters, limited to digits, and the same font size used for the Country of Origin and/or UPC label? Are the components of the multiple item set available for purchase separately from the set? It is not practicable to have a permanent this single item children s product. Tracking label should appear on packaging. Each component should be treated as a single item children s product. Is the surface area and type of item such that there would be space for a permanent tracking label without marring the aesthetic value of the item? Note: this applies only where aesthetics is a product characteristic such as jewelry. Are the components required to stay together for functionality, i.e. board game, deck of cards, or puzzle? It is not practicable to have a permanent this single item children s product. Tracking label should appear on packaging. Each component should be treated as a single item children s product. Is the item safe, functional, and/or durable after the addition of a permanent tracking label? Examples: using an ink stamp might affect the safety of a food contact item such as a baby bottle nipple; using an engraved tracking label might weaken the strength of a thin children s ring Can one of the components be treated as a main component or reusable packaging of the multiple item set? Examples of main components or reusable packaging include but are not limited to the board from a board game or the tub for a set of blocks. It is not practicable to have a permanent this single item children s product. Tracking label should appear on packaging. Each component should be treated as a single item children s product. It is practicable to have a permanent this single item children s product. Only the main component or reusable packaging must receive the permanent tracking label. Examples of multiple item sets that do not have a main component include but are not limited to craft or hobby sets where numerous pieces must be combined to create a finished product which will be used as a whole. Revised 7/22/2009 Page 4 of 10

5 Illustrative Examples The following illustrations are meant only to be used as examples and are not an inclusive list of all items upon which it would be practicable or not practicable to place a tracking label. Practicability of Tracking Label on Single Items Single items where it is practicable to use a permanent tracking label. Tracking label can be permanently attached to bath rug. Single item children s product is large enough to accommodate a permanent tracking label. Surface area of sunglasses frame allows room for permanent tracking label without marring aesthetics of item. Permanent tracking label can be attached to stuffed animal toy. Single items where it is not practicable to use a permanent tracking label. Tracking label should appear on packaging. The size and surface area of these musical note earrings are too small to accommodate a country of origin label or a permanent tracking label. It is not practicable to use a permanent socks because socks are unable to be marked directly with country of origin labeling. Revised 7/22/2009 Page 5 of 10

6 Practicability of Tracking Label on Product Components of Multiple Item Sets or Items with Interchangeable Parts Items where it is practicable to use a permanent tracking label directly on the item. Permanent tracking label can be placed on each component of these sippy cups with interchangeable lids. Tracking label should be non-ink and should not be leachable. Permanent tracking label can be placed on each component of this multiple item children s bathroom set. Permanent tracking label can be placed on each component of this multiple item children s tennis set. Items where it is not practicable to use a permanent tracking label directly on the item. Tracking label should appear on packaging. Size of item does not allow practicable use of a permanent tracking label. Surface area of individual stick-on nails does not allow use of permanent tracking label without marring aesthetics of item. Size and surface area of jacks game pieces do not allow use of permanent tracking label. Revised 7/22/2009 Page 6 of 10

7 Tracking Label on Main Product Component or Reusable Packaging of Multiple Item Set Examples of multiple item sets with main product components Main product component of this multiple item set is the book Game components may be too small for permanent tracking label but main product component (board) can accommodate label. Examples of multiple item sets with reusable packaging Lip Glosses may be too small for permanent tracking label but reusable carrying pouch can accommodate tracking label. Individual blocks may be too small for permanent tracking label but label can be placed on reusable block tub. Examples of multiple item sets lacking a main product component or reusable packaging This multiple item set of children s golf balls does not contain a main component or reusable packaging. It is practicable to place a permanent the single items. Package of girl s hair barrettes does not contain main component or have reusable packaging. Permanent tracking label must appear on individual items. Revised 7/22/2009 Page 7 of 10

8 Items where Tracking Labels are not Required on Packaging Items without substantive packaging do not require a the packaging. Hula hoops do not have substantive packaging and thus will not require a separate the small UPC sticker. Children s pail does not have substantive packaging and thus will not require a separate tracking label on the UPC sticker. Items with seethru packaging do not require a the packaging. The tracking label must be legible without opening the packaging. The packaging of this children s croquet set will not require a separate tracking label if the the toy itself can be easily seen through the plastic bag without opening the package. The see-thru plastic clam shell packaging of this bicycle helmet does not require a separate tracking label if the tracking label on the product can be easily seen through the packaging without opening the package. Items with a product tracking label that is easily accessible do not require a separate the packaging. The these apparel items can be found on the sewn-in apparel label. This label is easily accessible while the apparel item is on the display rack thus a separate tracking label will not be required on the disposable packaging (hangtags, integrated stickers). Revised 7/22/2009 Page 8 of 10

9 Items where Tracking Labels must be on Packaging Items where tracking label must be on packaging because product cannot accommodate a tracking label. The surface area of this children s tiara is such that a tracking label cannot be placed directly on the product. Tracking label must appear on disposable packaging even though the bag is see-thru. The size of these children s bracelets is such that a tracking label cannot be placed directly on the product. Tracking label must appear on disposable packaging even though the bag is seethru. Items where tracking label must be on packaging because product cannot be seen through the packaging. The necklace pendants are large enough to accommodate a the back of the product. The tracking label must also appear on the packaging because the product tracking label is not legible or easily accessible thru the packaging. YoYo toys are large enough to accommodate a the back of the product. The tracking label must also appear on the packaging because the product tracking label is not legible or easily accessible thru the packaging. Revised 7/22/2009 Page 9 of 10

10 Additional Information Applicable FAQ and Decision Tree: Children's Proprietary Brand Product Tracking Label Frequently Asked Questions Tracking Label Process for Proprietary Brand Suppliers CPSIA Compliance Standards for Walmart Proprietary Brands For Information on Compliance Standards, please visit: Home Office Link Supplier Link Additional information on the Consumer Product Safety Improvement Act (CPSIA): For additional information or clarification, please Revised 7/22/2009 Page 10 of 10