Tween Brands Service Co. Lead, PVC, Cadmium and Phthalate Policy

Transcription

1 Tween Brands Service Co. Lead, PVC, Cadmium and Phthalate Policy Version 2.1 July 2011

2 2 of 17 SECTION 1: OVERVIEW 1. Policy Overview This section describes the current Tween Brands policy concerning products that may contain lead in the substrate material (metal, plastic, crystal, etc.) or in any painted or coated surfaces of products. In addition, this section describes the current Tween Brands policy concerning the lead content of products containing PVC (polyvinyl chloride or vinyl ) materials, as well as any products that may contain chemicals known as Phthalates Federal and State Laws There are numerous Federal and State standards and laws that regulate, restrict, or prohibit the use of lead and other materials (such as phthalates) in consumer products. The current Tween Brands policy seeks to harmonize all existing Federal and State standards and laws (including the Consumer Product Safety Improvement Act of 2008 [ CPSIA ]), as Tween Brands is a national retailer and must comply with all of these requirements. However, Tween Brands policy may be more restrictive in some cases, or may be somewhat different, as the Federal and State standards and laws do not necessarily address every product type or every material used in constructing certain products. Currently, in addition to regulation by the U.S. Consumer Product Safety Commission (CPSC) at the federal level, several states (such as California) have enacted restrictions on lead and/or other materials (such as phthalates). The U.S. Bureau of Customs and Border Protection has also advised that it will enforce CPSC standards at ports of entry and has the authority to test and seize or detain merchandise that it believes may violate CPSC standards.

3 3 of Tween Policy Must Be Followed This policy must be followed as a Law and Regulation as required under the terms of the Tween Brands Master Sourcing Agreement Additional Obligations Imposed by this Policy. Any and all applicable rights and obligations under the Tween Brands Master Sourcing Agreement (MSA) are not affected by the additional requirements, cost assessments, or penalty assessments that may be incorporated into this specific Lead, PVC and Phthalate Policy Updates to this Policy Tween Brands reserves the right to update this policy as may be necessary from time to time in order to comply with any changes or amendments to Federal or State standards, laws, or regulations Measurements Used in this Policy The following units of measure are used throughout this policy: ppm (parts per million) For example, 600 ppm means 0.06% by weight relative to the total weight of the material being analyzed. μg = micrograms

4 4 of 17 SECTION 2: SCOPE OF POLICY 2. Scope of Policy: Products and Materials Covered This policy covers all products sold to Tween Brands that may contain any measurable or detectable amount of lead in the substrate material or in any painted or coated surface. This policy also covers any products that may contain phthalates Examples of Products Covered Examples of the types of products that are covered include, but are not limited to, the following: jewelry hair accessories lunchboxes, totes, bags, bottle insulators/sleeves, water bottles, food containers luggage, handbags, totes, wallets wearing apparel hats, belts, scarves shoes room accessories (frames, boxes, lockers, CD holders, desktop items, artwork, etc.) home goods: pillows, curtains, blankets, bedding beaded curtains, shower curtains lamps furniture school supplies personal care items and cosmetics consumer electronics (handheld, table top, lights, tv s, battery operated and plug- in) toys (as defined under ASTM F963) inflatables sporting goods zippers, buttons, snaps, clasps, rivets (apparel and non-apparel), rhinestones, rhine studs

5 5 of Examples of Materials Covered Examples of the types of materials used in the above products (or in components of these products) that are covered by this policy include, but are not limited to, the following: metal plastic crystal/glass soft or flexible PVC (vinyl) paints, inks, pigments glitter sequins foils flock rubber other materials Materials that may be exempt under California law (i.e. Proposition 65 and AB 1681), such as Class 1 Materials (including crystal, glass, certain ceramics, stainless steel, sterling silver, certain gemstones, etc.) are NOT exempt from testing under this policy Tween Brands, may designate a material as exempt from testing under this policy at its discretion based on its own experience and/or U.S. federal exemptions or policy statements.

6 6 of 17 SECTION 3: STANDARDS FOR LEAD, PHTHALATES, BISPHENOL-A, CADMIUM 3. Standards: Acceptable Limits This section describes the actual Tween Brands standards in terms of the acceptable limits for lead (and phthalates) in most products and materials. (Vendor testing requirements are described in a later section.) There are special limits for certain products described below, as well as a requirement to eliminate the use of bisphenol A and cadmium in certain products Painted or Coated Surfaces: 90 ppm Limit for Lead Paints or surface coatings used on a product, or on any individual component of a product, cannot exceed 90 ppm (0.009% by weight) of lead Any product with a painted or coated surface must be tested in accordance with this section If a product has multiple components, or different color paints or surface coatings, each individual component or color must be tested For apparel, socks, scarves and cold weather accessory products only, composite testing is an appropriate option. A composite sample can consist of no more than 3 individual parts; i.e., multiple color paints from one or more different samples. The total lead in the composite sample cannot exceed 72 ppm (0.007% by weight). Any result greater than 72 ppm (80% of the limit for lead in paint) requires retesting of each component part individually All paints or surface coatings must be removed from the substrate material and tested separately from any substrate material Special Rules: Painted/Coated Surfaces of Toys

7 7 of In addition to the total lead limit of 90 ppm for painted/coated surfaces, toys are subject to a separate 90 ppm limit for soluble (or leachable) lead in painted or coated surfaces. (This requirement of ASTM F has not been superseded by the lead rules of the CPSIA.) This special rule is based on ASTM Standard F963-08, which also has limits on other soluble heavy metals in paints and surface coatings on toys, as follows: Antimony (60 ppm), Arsenic (25 ppm), Barium (1000 ppm), Cadmium (75 ppm), Chromium (60 ppm), Mercury (60 ppm), and Selenium (500 ppm) Total Lead in Substrate Materials: 100 ppm Limit The total lead in the substrate material of any and all products (or any individual component of a product) cannot exceed 100 ppm (0.01% by weight) The substrate material is the base/solid material of a product Total lead content testing is required for all products Total lead content testing is required for plastic, metal, glass, etc If a product has multiple components, each individual component type must be tested separately As a general matter, CPSC test methodology must be followed at all times All paints or surface coatings must be removed from the substrate material and tested separately as described under Section 3.1 above Special Rules: Lower Lead Limits,

8 8 of PVC, Neoprene, and other Plastic Materials in Apparel: 30 ppm. This special rule applies to the following items made of the materials above: outerwear, including raincoats, decals and attachments on clothing, such as zippers, drawstrings, snaps and buttons, as well as, PVC components on all other clothing, such as scarves, hats, gloves and socks. This is subject to change based on periodic updates to California Prop 65 rulings Food and Beverage Containers All food and beverage containers should be free of detectable levels of bisphenol A ( BPA ), a chemical additive used in the manufacture of polycarbonate plastic and epoxy resins PVC Material is restricted from use as interior linings of lunchboxes and insulation sleeves. Tween Brands requires the use of Techlon or other materials known not to contain PVC for use as interior surface of a product having direct contact with a food or beverage. Confirmation by FTIR analysis is required The plastic identification code must be imprinted on all plastic beverage containers.

9 9 of Toys: Special Standards In addition to the lead content testing outlined in this policy, toys are subject to the full range of tests set forth in ASTM F ( Standard Consumer Specification on Toy Safety ), which has been incorporated into U.S. federal law and will be enforced by the CPSC in its entirety except as superseded by provisions of the CPSIA that may conflict with ASTM F The ASTM Standard F defines Toy as any object designed, manufactured, or marketed as a plaything for children through the age of 14 years Special Rule: Phthalates in Toys Many children s toys containing plastic, print designs, coatings, surface treatments and elastic components contain phthalates, which are added to provide material flexibility Only children s toys are covered by this special rule. Other products that may contain phthalates are not subject to this rule and do not require phthalate testing. For this special rule, a children s toy is defined as a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays The following are considered phthalates for the purposes of this policy: DEHP, known as di-(2-ethylhexyl) phthalate DBP, known as dibutyl phthalate BBP, known as benzyl butyl phthalate The following are also phthalates, but are restricted only when used in children s toys that can be placed in a child s mouth (i.e., that measure less than 5 cm in at least one dimension).

10 10 of DINP, known as diisononyl phthalate DIDP, known as diisodecyl phthalate DnOP, known as di-n-octyl phthalate The phthalate content for each individual type of phthalate in a product cannot exceed 0.1% by weight (also referred to as 1000 ppm) Phthalate content testing is required on all plastic components, elastic components and print designs on flexible substrates for all toys Cadmium in jewelry, hair accessories, key chains, attachments and the like The total cadmium in the substrate material and surface coating of jewelry, hair accessories, key chains, attachments and the like cannot exceed 75 ppm (0.0075% by weight), compositing is allowed.

11 11 of 17 SECTION 4: VENDOR TESTING, CERTIFICATION, AND LABELING REQUIREMENTS 4. Vendor Requirements Testing and Reports Vendors are required to test at the Style/Color combination level at an independent laboratory accredited by the U.S. Consumer Product Safety Commission for performance of the testing in question Tests must be performed at the Style/Color level and will apply to all Purchase Orders covering that Style/Color for a production run Every Color of a Style must be tested separately All Purchase Orders for a Style/Color number in the production run must be listed on the test report for the test to be valid for that Style A new test will be required for additional orders of a particular Style/Color produced outside the original production run Samples to be tested must be pulled from actual finished production lots for each Style/Color. No prototypes or non-production samples are to be tested Tween Brands, with the assistance of independent laboratories, will specify an appropriate number of samples to be tested of a specific Style/Color based on the size of a particular production run for that Style/Color (which may include multiple orders of a Style/Color) Tween Brands wants to insure that the testing is representative of each production run, and that is why it will advise Vendors as to the number of

12 12 of 17 samples that should be tested Vendors must contact the Tween Brands Brand Compliance Group with any testing questions concerning how many samples to test and how often to conduct testing Test reports must include the following information: Tween Brands purchase order number(s) Tween Brands department number Tween Brands style number Fabric Id. # for apparel Color of product Factory/Manufacturer Name Factory/Manufacturer ID number assigned by Tween Brands Tracking number of production being tested Number of samples submitted for testing Lab generated photograph of each style The photographs must be high-quality digital photographs that include all surfaces of the products (front, rear, sides, etc.) The photographs must also be annotated with arrows, lines or other marks clearly identifying and describing all of the relevant components being tested and reported.

13 13 of Chargebacks A failure to provide a test report as required by this section will result in a chargeback to the Vendor in the amount of $ Even where a test report is provided, a failure to list all of the information required by Section on a test report will result in a chargeback to the Vendor of $ Certification Vendors are required, to certify that the specific products in every Purchase Order have been tested and that the products meet all federal and state laws, rules, standards, and regulations, as well as Tween Brands standards, applicable to those products Certifications must be provided to Tween Brands for every shipment requiring testing The following information must appear on each certification: Tracking label number for all non-apparel product Identification of the manufacturer issuing the certificate (name, address, phone number, and contact person issuing the certification) Identification of the laboratory performing the testing (name, address, phone number, and contact person at laboratory) Test report number The specific laws, rules, standards and regulations applicable to the products tested The dates and place of manufacture of the product.

14 14 of The date and place where the product was tested Tween Brands purchase order number Tween Brands department number Tween Brands style number Certifications will be relied upon as true and correct Any false or incorrect certifications will be treated as a breach of the Tween Brands Master Sourcing Agreement Chargebacks A failure to provide a certification as required by this section will result in a chargeback to the Vendor in the amount of $ Even where a certification is provided, a failure to list all of the information required by Section on a certification will result in a chargeback to the Vendor of $ Vendor Reporting Requirements. Prior to shipment, vendors must remit ALL of the following test reports and certifications to the following addresses: For Hardline (non-apparel) products: vendorleadtesting@tweenbrands.com For Softline (apparel) products: qualityassurance@tweenbrands.com Test Reports with the information identified in Section 4.1 above for the following: Total Lead Testing Painted/Coated Surface Testing (if applicable)

15 15 of Cadmium for jewelry, hair accessories, key chains, attachments and the like For Toys, the following additional testing ASTM leachable heavy metals testing Phthalates Testing All other applicable ASTM testing Certification Forms with the information identified in Section 4.2 above 4.4. Tracking Labeling Requirements Under U.S. law enforced by the CPSC, Vendors must place permanent, distinguishing marks on every product and its packaging identifying the location and date of production of the product, the manufacturer or private labeler, batch/lot information (including the batch, run number, or other identifying characteristic), and any other information that would facilitate ascertaining the specific source of the product Please see Tracking Labeling Guidance Supplement for further details Upon Approval. If the vendor testing, certification, reporting, and labeling requirements are in compliance with this policy, and if no validation testing is required as outlined in Section 5 below, then: Styles will be released to the stores Vendor payment will also be approved Upon Failure. If a style arrives at the Tween Brands distribution center but fails to meet its requirements verifying compliance with all relevant standards, or if there is noncompliance with the above vendor testing, certification, reporting and labeling requirements, the following will apply: Tween Brands will issue a debit note for failed/non-

16 16 of 17 compliant units to offset the Vendor invoice A chargeback of 25% of the invoiced value will also be assessed Tween Brands will destroy the product (subject to CPSC approval for goods that violate federal standards).

17 17 of 17 SECTION 5: TWEEN BRANDS VALIDATION TESTING 5. Tween Brands Validation Testing 5.1. Due to past experience with variances between preimportation or pre-delivery test results and post-importation or post-delivery test results, it is the policy of Tween Brands to verify the test results provided by its vendors All purchase orders will be subject to examination in the Tween Brands Distribution Center for validation testing. Tween Brands has the right to conduct testing, at its discretion, on any shipment received in its Distribution Center All Tween Brands validation testing will be deemed final with NO additional validation rounds of testing Upon Approval. If Tween Brands validation testing shows that vendor lab reports are accurate, then: Styles will be released to the stores Vendor payment will also be approved Upon Failure. If Tween Brands validation shows that a style fails to meet its standards for either total lead content or surface coating, the following will apply: Tween Brands will issue a debit note for failed units to offset the Vendor invoice and provide a copy of the failed test report A chargeback of 25% of the invoiced value will also be assessed Tween Brands will destroy the product (subject to CPSC approval for goods that violate federal standards as described below). * * *