Consumer Product Safety Improvement Act (CPSIA) Updated: September 2014
1. GENERAL CERTIFICATION OF CONFORMITY (GCC)... 3 2. CPSIA HIGHLIGHTS... 3 3. SCOPE OF CPSIA... 4 4. DOCUMENTATION OF GCC OR MANUFACTURER S DECLARATION LETTER... 5 Appendix 1: GENERAL CONFORMITY CERTIFICATE ---------------------------------------- 5 Appendix 2: Manufacturer s Declaration Letter ------------------------------------------------- 8 2
Kate Spade & Company (KS&C) requires all products shipped to US comply with applicable laws and regulations as well as company s requirements as specified in the Product Testing and Compliance Manual which can be accessed at www.katespadeconnent.com. The US Consumer Product Safety Improvement Act (CPSIA) of 2008 was enacted into Law on August 14, 2008. Several sections of the Act affect Kate Spade & Company and its business partners. The below summary is to ensure that products shipped to US comply with all applicable Consumer Product Safety Commission (CPSC) regulations, standards, rules and bans and Kate Spade & Company specific requirements by the effective dates noted below: 1. General Certification of Conformity (GCC) Certification is required for all products that are subject to existing CPSC standard, rule, regulation, and bans and are manufactured on or after November 12, 2008. The certificate must state compliance of product with applicable CPSC standard, rule, etc. based on test report from an independent laboratory. The law requires that this certificate must accompany each product or shipment of products covered by the same certificate and a copy (not necessarily a paper copy) of the certificate must be furnished to retailers of the product. The General Conformity Certificate with instructions is shown in Appendix 1. 2. CPSIA highlights 2.1 Children s Product: a consumer product designed or primarily intended for children 12 years of age or younger. 2.2 Children s Toy: a consumer product designed or intended for a child 12 years of age or younger for use by the child when the child plays. 2.3 Lead Limits in Paints and Surface Coatings (Children s Products) New Legal Limit- 90 ppm, Effective Date- August 14, 2009 KS&C Limit- 90 ppm, Effective Date- February 1, 2009 According to CPSC, products containing amounts over the new lead paint limit of 90 ppm in inventory or on store shelves as of August 14, 2009 cannot be sold and must be destroyed. 2.4 Lead Limits in Accessible Materials and Substrates (Children s Products) KS&C Limit- 100 ppm, Effective Date- August 14, 2011 According to CPSC, products that contain lead above the legal limit (100 ppm of Total Lead Content in accessible parts) cannot be sold from inventory or on store shelves after August 14, 2011 and must be destroyed. 2.5 Certain Phthalates in Toys and Child-Care Articles New Legal Limit- 0.1% or less for six phthalates Effective Date- February 10, 2009 KS&C Limit- 0.1% or less, currently enforce 3
2.6 Mandatory Third- Party Testing Requirement Any children s product that is subject to children s product safety rule must be tested by CPSC accredited laboratory to certify the product. Upon CPSC accreditation, third-party testing of children s products is required and are phased in as follows: CPSC Standard Manufactured on or after Lead paint December 22, 2008 Cribs and Pacifiers January 2009 Small Parts February 13, 2009 Metal Jewelry April 12, 2009 300 ppm Lead Content August 14, 2009 Other Children s Product Safety Rules September 14, 2009 According to CPSC, third-party testing requirements will not apply to inventory that was manufactured before these dates. 2.7 Tracking Labels for Children s Products - Effective August 14, 2009. The new law requires, to the extent practicable, that children s products place permanent, distinguishing marks on the product and its packaging that will enable to ascertain location and date of production of the product, including the batch, run number, or other identifying characteristic, etc. According to CPSC, the tracking label requirement will not apply to inventory. The new law can be accessed at http://www.cpsc.gov/cpsia.pdf 3. Scope of CPSIA The products that are within and outside the scope of General Conformity Certificate under the US Consumer Product Safety Improvement Act of 2008 are listed below: Certificate applicability of a product must be determined as part of the approval process of the product involving the manufacturer, the brand, and respective product safety associate. Below are general guidelines: 3.1 Children s Products All products intended for children age 12 and younger must have General Conformity Certificate (GCC) with product shipment. The GCC filing must be based on applicable CPSC standards tested by Independent or Mandatory Third-Party Testing Laboratories based on accreditation by CPSC and corresponding effective dates. 2.8 Adults Products All adult articles of wearing apparel must have General Conformity Certificate. The Certification must be based on independent laboratory testing or on test exemption allowed by CPSC regulation on flammability (follow the guidance on flammability provided in our Product Testing and Compliance Manual). Products listed below are exempt when respective conditions are met; and do not require GCC filing for adult products: 4
Hats (if do not form part of a covering for the neck, face, or shoulders when worn) Gloves (if not more than 14 inches in length and are not affixed to or do not form an integral part of a garment) Footwear (does not consist of hosiery in whole or in part is not affixed to or does not form an integral part of a garment) Handkerchiefs (if not exceeding a finished size of 24 inches on any side or not exceeding 576 square inches in area) Following adult products generally do not fall within the scope of GCC requirements and do not require filing: Handbags Small leather goods Belts Jewelry Shoes Technology Home Products 2.9 Pets Products General Conformity Certificate does not apply to pet products 2.10 Manufacturer s Declaration Letter For products manufactured on or after November 12, 2008 and General Conformity Certificate does not apply, the manufacturer has to sign the attached Declaration Letter (except adult Jewelry products) confirming the product does not require GCC. This must be verified by Kate Spade & Company representative involved in the release of orders for shipment and the format is shown in Appendix 2. The signed Manufacturer s Declaration Letter must be included with shipping document. The signed Manufacturer s Declaration Letter must also be filed in Corporate Certificate of Conformity system. 4. Documentation of GCC or Manufacturer s Declaration Letter All GCC or Declaration Letter must be created via www.katespadeconnect.com Certificate of Conformity system 5
Appendix 1: GENERAL CONFORMITY CERTIFICATE We herby certify that products within this shipment comply with the applicable Consumer Product Safety Commission s standards, rules, bans, regulations as identified (checked) below: Adults Standard for the Flammability of Textile Clothing (16 CFR 1610) Test Exempt Standard for Extreme Flammable or Flammable Solids (16 CFR 1500.3(c) (6) (vi) Children (age 12 and younger) Total Lead in Paint and Surface Coating (16 CFR 1303) Total Lead in Substrate (PL 110-314, Sec. 101) Phthalates (PL 110-314, Sec. 108) Small Parts (16 CFR 1501, 1500.50-53) Sharp Points or Edges (16 CFR 1500.48-49) Drawstrings CPSC Guidance Document (ASTM F1816) Standard for the Flammability of Children s Sleepwear (16 CFR 1615 / 1616) Standard for the Flammability of Textile Clothing (16 CFR 1610) Test Exempt Standard for Extreme Flammable or Flammable Solids (16 CFR 1500.3(c)(6)(vi) Standard Consumer Safety Specification for Toy Safety (ASTM F963-2007) Product Information: Product Description: Style Number (s) / PO #: Brand: Name of Manufacturer: Date of Manufacture: (Factory) Mailing Address: Telephone Number: Manufacturer s Contact Name: Name of Testing Laboratory: Test Report Date(s): Mailing Address: Telephone Number: Kate Spade & Company 5901 West Side Avenue, North Bergen, NJ 07047 201 295-6666 Contact Name: Teklu Anno Mailing Address: 5901 West Side Avenue, North Bergen, NJ 07047 Telephone Number: 201 295 6958 Contact Email: ProductSafety@katespade.com Date Issued: 6
INSTRUCTIONS FOR GENERAL CONFORMITY CERTIFICATE No Certificate can be issued without meeting the applicable Consumer Product Safety Act s rules, regulations, ban, and standards. Certificate must accompany each product or shipment of products covered by the same certificate for products manufactured on or after November 12, 2008. 1. Certificate must be legible and all required information must be in English. 2. Standards: Check the applicable box or boxes in the standards, regulations, etc. listing. Compliance of product to each standard must be based on an independent testing, or Third-Party Testing, except for regulation where testing is exempted, example plain surface fabrics weighing over 3.0 oz/yd 2 and certain synthetic fibers. 3. Product Information: Provide description of the product (s) based on invoice info. and it should identify the product covered by the certificate. List the style number (s) and purchase order number, and the Brand. 4. Name of Manufacturer: Place where the product is manufactured or where the product is finally assembled. Complete mailing address must be provided for place of manufacture and contact person for the manufacturer. Telephone number must include country code. The Manufacturer should stamp (Chop) the Certificate to confirm product compliance. 5. Date of Manufacture: Month, date and year of completion of product covered by the certificate. Minimum month and year required. 6. Testing Laboratory: Provide the name of independent or Third-Party Testing Laboratory where the product was tested for identified standards, regulations, etc. in the certificate, complete mailing address, and telephone number. 7. Test Report Date: Fill in the test report date used as basis for certification. If there are more than one test reports or from more than one laboratory, the dates of each test report and the corresponding laboratory s name, mailing address, and telephone number must be provided. 8. Name of Importer / Private labeler: This will be Kate Spade & Company for both imported and US manufactured products. Identify whether Importer or Private Labeler by circling, as applicable. 7
Appendix 2: Manufacturer s Declaration Letter (MANUFACTURER COMPANY LETTER HEAD) Manufacturer s Declaration Letter We hereby certify that the product listed below is not subject to General Conformity Certificate under the US Consumer Product Safety Improvement Act of 2008. Product Description: Style Number: Source Order Number: Brand: Manufacturer Name: Manufacturer Address: Contact Name: Telephone Number: Reason for not filling GCC: Authorized Manufacturer Name: Signature: Date: Company Stamp (Chop): Verified by Kate Spade & Company Representative: Name and Signature 8