CPSC Toy Safety Requirements

Transcription

1 CPSC Toy Safety Requirements Meeting with the Toy Industry Association February 18, 2014 Ray M. Aragon Office of Compliance and Field Operations U.S. Consumer Product Safety Commission This presentation was prepared by CPSC staff, has not been reviewed or approved by, and may not reflect the views of, the Commission.

2 CPSC s Mission Protecting the public against unreasonable risks of injury from consumer products through education, safety standards activities, regulation, and enforcement. 2

3 Toys and Children s Products Products designed or intended primarily for children 12 years old and younger Key requirements: Lead content limit: 100 ppm for accessible components 90 ppm for paint and surface coatings Phthalates: Permanent ban (DEHP, DBP, BBP) for use in all toys and child care articles Interim ban (DINP, DIDP, DnOP) for toys that fit in mouth, or for child care articles Toy Safety Standard (ASTM F963-11) 3

4 Children s Product Testing & Certification Third party testing by CPSC-accepted labs Conformity certificates issued by importers or manufacturers (Children s Product Certificate) Tracking labels Certification available to CPSC and U.S. Customs Violations of standards, regulations, and bans can result in: Product detention and destruction civil and criminal penalties 4

5 Testing of Children s Products Importers and manufacturers must ensure that their products meet all requirements. To avoid problems, representative samples should be tested by an approved lab early and often. Remember: The cost of testing is a tiny fraction of the cost of a recall! 5

6 Initial Certification Testing Identify regulatory requirements for your product, based on: Product/product class Intended age/audience & consumer use patterns Material and composition 6

7 Initial Certification Testing CPSC-accepted laboratories test for identified regulatory requirements. Children s Product Certificate (CPC) based on passing test results. CPC must be provided to retailers and distributors, and be available to CPSC or U.S. Customs and Border Protection (CBP). Children s products must pass third party testing and have a CPC prior to sale! 7

8 Component Part Testing A product manufacturer may use supplier s component parts test results or a supplier s certification. Manufacturer must exercise due care in relying on component part certificate or component part test results. The concept of due care will vary depending on the circumstances and the industry in question. Source: 15 CFR

9 Component Part Testing Due care may include: Inquiring about testing and sampling; Reviewing test procedures; Verifying use of CPSC-accepted lab; Spot checking results; Visiting a supplier s factory or laboratory; or Adding testing and recordkeeping to supply contract. Tip: Maintain records that show you exercised due care in accepting test results! Source: 16 CFR

10 Material Change Testing If the manufacturer or importer makes a material change to the children s product after initial certification, you must: Have an approved lab retest the affected part or product for conformity to the rules; and Issue a new Children s Product Certification. Source: 16 CFR

11 Periodic Testing Manufacturer/importer must periodically retest its children s products using a CPSC-accepted laboratory. Periodic testing applies only if you have continued production. Periodic testing ensures that a children's product continues to comply with the applicable children's product safety rules. Source: 16 CFR 1109 ; 11

12 Periodic Testing Periodic testing must be conducted at a minimum of 1-, 2-, or 3-year intervals, depending upon whether the manufacturer has: a periodic testing plan; a production testing plan; or conducts production testing using an accredited ISO/IEC 17025:2005 laboratory. Source: 16 CFR

13 Record Keeping Certifying party must retain for 5 years: Children s Product Certificates; Third party certification tests; Descriptions of material changes in design, process, sourcing, test values, test runs, and undue influence procedures; and Records of periodic test plans and periodic test results. Best Practice: Maintain documentation of all actions that provide assurance that products comply with applicable product safety rules! 13

14 Identifying Defects/Hazards Pattern of defect Defect, flaw, error, or other issues associated with product s design, engineering, quality control, labeling, use, assembly, etc. Severity of risk Severity of injury Likelihood injury will occur Vulnerable population affected Number of defective units distributed into commerce 14

15 Reporting Requirements Importers/Manufacturers/Retailers must report immediately if a product: does not comply with a regulation, ban, or any act enforced by the Commission; or contains a defect that presents or could present a substantial product hazard. Report to: 15

16 Our Import Safety Strategy Working with Global regulators and manufacturers to adhere to U.S. safety standards Ensure good design and manufacturing practices Independent testing Tracking of shipments in transit (CTAC) Partnership with U.S. Customs at key U.S. ports Detect, detain, destroy/re-export violative shipments 16

17 Best Manufacturing Practices Employ an effective compliance plan and internal controls to ensure that only compliant products enter into commerce: Comply with consensus standards and regulations. Seek products with third party certification. Be wary of material or component substitutions. Conduct spot inspections. 17

18 Best Manufacturing Practices Testing: Even when testing and certification is not mandated by CPSC, importers and manufacturers should ensure products meet all requirements. Representative samples should be tested, early and often. The cost of testing is a tiny fraction of the costs associated with recalls and violations. 18

19 Resources 19

20 CPSC Stands For Safety Monitor CPSC Activities: Visit Recall and Public Calendar Subscriptions Recall Handbook: Connect on 20

21 Questions? Ray M. Aragon