100ppm of LEAD Now!

On July 13, 2011 the Commission (CPSC) voted (3-2) to accept the CPSC staff recommendation to lower the Lead content limits in substrates to the CPSIA statutory level of 100 parts per million (ppm).

The new total lead content limit, which is called for in the Consumer Product Safety Improvement Act (CPSIA), goes into effect on August 14, 2011 for manufacturers, importers, retailers and distributors of children's products.

Due to a stay of enforcement that is already in place until December 31, 2011, the CPSC will not enforce the CPSIA requirement for independent third party testing for total lead content. The stay of enforcement does not apply to children’s metal jewelry, which currently must undergo independent third party testing.

The rule applies to all materials in children’s products unless otherwise excluded under sections 16 CFR 1500.87 through 1500.91 of the Code of Federal Regulations, which address “inaccessible component parts”, exemptions for “certain electronic devices” and other “certain materials or products”, as well as procedures for requesting exemptions.

The new 100 ppm lead content limit is not applicable to inaccessible (internal) parts of children’s products and certain component parts of children’s electronic devices such as electronic connectors and plugs, including
headphone/earphone plugs.

Lead content levels for children's products are different from the levels Congress set for Lead in paint or surface coatings. The limit for lead in paint or surface coatings is .009 percent. The .009 percent level has been in place since August 14, 2009 and independent third party testing is required for all paints or surfaces coatings used on children's products.

California Proposition 65 Settlement (CP65)

Proposition 65 (Called CP65, P65 or Prop 65) is the “Safe Drinking Water and Toxic Enforcement Act of 1986’, a ballot initiative passed overwhelmingly by Californian residents in November 1986.

The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program. OEHHA, which is part of the California Environmental Protection Agency (Cal/EPA), also evaluates all currently available scientific information on substances considered for placement on the Proposition 65 list.

Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. Proposition 65 requires usinesses to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. Over the years, Prop 65 has concluded consent agreements on lead, phthalates and other chemicals on Prop 65 list that were present in a variety of consumer products. In 2009, there were a total of 321 consent agreements with monetary settlement to the tune of $14.6 million. These products have included bibs, key chains, jewelry, cords, bicycles and accessories, aluminum cookware, ceramic ware, glassware, exercise mats, luggage and accessories.

In the first half of 2010, a number of companies have entered into consent agreements under California Proposition 65 (Prop 65) for a variety of consumer products. Some consent agreements have resulted in the establishment of limits for lead, phthalates and 1,4-dioxane as well.

Against Textile and Garment market, Lead is required for some related products (includes Handbags, Purses, Wallets, Footwear* and Belts*) as below requirements by material type:

- Lead in Paint and Surface Coating on accessible components

<= 90ppm (from 1 December 2010)

- Lead in Polyvinyl Chloride PVC (accessible components)

<= 300ppm (from 1 December 2010)

<= 200ppm (from 1 December 2011)

- Lead in Leather / composite leather (assessible components)

<= 600ppm (from 1 December 2010)

<= 300ppm (from 1 December 2011)

- Lead in all other assessible components other than cubic ziconia

<= 300ppm (from 1 December 2010)

* Effective date are extended for 1 year for belts or footwear.

For more details about Prop 65, please browse the below web-sites:
http://ag.ca.gov/prop65/index.php

http://www.oehha.ca.gov/prop65/background/p65plain.html

RSL Released by AAFA

In March 2010, the American Apparel & Footwear Association (AAFA) released the sixth version of their Restricted Substances List (RSL).

The Restricted Substances List (RSL) was created by a special working group of the American Apparel & Footwear Association’s (AAFA) Environment Task Force and will be updated on a regular basis. Chemicals appearing in the AAFA RSL are those specifically related to both apparel and home textiles as well as footwear and that are banned or restricted by a regulation or law. The country laws with the strictest requirement are cited in the RSL.

Chemicals parameters covered in the latest AAFA RSL Release 6:
• Azo dyes
• Disperse dyes
• Navy blue
• Solvents
• Pesticides
• Dioxins and furans
• Asbestos
• Fluorinated greenhouse gases
• Flame retardants
• Heavy metals

(Cadmium/Lead/Chromium/Chromium Vl/Nickel/Arsenic/Mercury/Copper)
• Organotins (TBT/ TPhT/ DBT/ DOT)
• PFOS
• Formaldehyde
• Phthalates (DEHP/ DNOP/ BBP/ DBP / DINP / DIDP)
• Nonyl Phenol/Nonyl
• Henolethoxylates
• Dimethyl Fumarate

You can browse AAFA official web-site for more details

Sources of the RSL information:

http://www.apparelandfootwear.org/UserFiles/File/Restricted%20Substance%20List/AAFARSLFinalRelease6.pdf

Definition of Children's Products under CPSIA

Several CPSIA provisions use the term ‘children’s product’ and it has been defined as "a consumer product designed or intended primarily for children 12 years of age or younger." For this term, several factors are required to be considered when making a determination as to whether a product is "designed or intended primarily for children 12 years of age or younger."

These factors include:
• A statement by the manufacturer describing the intended use of the product, including a label on such product if such statement is reasonable;
• Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger;
• Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger; and

• The Age Determination Guidelines issued by the Commission staff in September 2002 and any successor to such guidelines.

The new definitions as stated below are presented in the proposed interpretative rule.
"Children's Product” : a consumer product designed or intended primarily for children 12 years of age or younger. The term "designed or intended primarily" applies to those products designed and commonly recognized as intended for use by a population of consumers constituted by a significant proportion of children 12 years old or younger. Products intended for use by children 12 years or younger applies to those products children will physically interact with based on the reasonably foreseeable use and misuse of such products.

"General Use Product" : A consumer product that is not being marketed to or advertised as being primarily intended for use by children 12 years old or younger and that is used by a significant proportion of the population older than 12 years of age.

The information is clearly designed to provide detailed guidance to manufacturers on how to evaluate their consumer products as they attempt to determine whether those products are children's products.

CPSIA Updates - Tracking Lables for Children's Products

According to 'Consumer Product Improvement Act of 2008’ (CPSIA), Section 103 requires that; all manufacturers of children’s products must place permanent distinguishing marks on the product and its packaging to provide certain identifying information.

This section allows the Commission to require labels to include elements which will allow the manufacturer and the ultimate consumer to as certain:
• Manufacturer or private labeler (source of product)
• Date and place of manufacture
• Batch, run or lot number
• Other identifying characteristics


The permanent tracking label is required for all children’s products (up to age 12) and their packaging which are manufactured on or after August 14, 2009 (1). The aim of Section 103 is to provide for effective traceability of children’s products in the event of a recall and to allow the ultimate consumer to as certain traceable information of the product.


Congress indicated in the requirement that the tracking labels will be required “to the extent practicable”. This recognizes that it might not be practical to have a permanent label or mark on very small items. The tracking label must also be on the packaging of a product.


The new labeling provision requires that the tracking label must appear permanently on the product and any packaging. Therefore, placing the required information on hangtags or adhesive labels is not acceptable.


Therefore, some of the concerns are outlined below:
• Unclear provisions for items such as socks, gloves, small toys, jewelry items, etc where it is not practicable to use a permanent tracking label directly on the item.
• Batch’ number is not clearly defined.
• ‘Permanent’ and ‘permanently attached’ has not been clearly defined.
• Manufacturers need time to develop labels or other methods of marking that work for their individual products and situations once CPSC issue rules for implementing the tracking labels.


On 13 May, 2009, the Consumer Products Safety Commission (CPSC) denied the request for a stay of enforcement of the tracking label under section 103 ofthe CPSIA (3). Therefore, this provision will go into effect for items manufactured on or after August 14, 2009. The CPSC is currently working on guidance for tracking labels.


In general existing laws define a permanent label to be such that that it can not be removed without destroying or defacingthe label, and shall not be affixed to any part which is easily detached from the product and shall be affixed in a readily accessible position. The format and position of the label on the product is determined by the manufacturer.

Composite Test is allowed by CPSC?

Yes, the Consumer Product Safety Commission (CPSC) recently published a Standard Operating Procedure (SOP) for determining Lead content (Pb) in paint and other similar surface coating materials dated on April 26, 2009 . The new method has an option to test different materials in a composite manner. The rules for accreditation for lead in paint for compliance with 16 CFR 1303 remains unchanged and existing accreditations remain valid.

Below are the highlights of the method:

• Wet paints are dried prior to testing,
• For products coated with paint or a similar surface coating, remove and digest the coating,
• Solvents such as methylene chloride (dichloromethane) may be used to soften the paint prior to removal,
• CPSC considers that it is a reasonable practice to composite up to 3 colors and that any sample having greater than 80 % of the limit for lead in paint (72 ppm) in any of the composited paints should be retested.

___________________________________________________________

Lead Content
Regulation: 16 CFR 1303

Scope: (Paint and similar surface coating material)

Requirement:

Max. is 90ppm (Individual Test)

(Refer to prev. blog: http://textilebulletin.blogspot.com/2008/12/new-us-reguation-cpsia-part-2-lead.html)

Max. is 72ppm (3-in-1 Composite Test)

* Less than 72ppm, Pass

* No Conclusion: if result is the range >72ppm and <270ppm

(further individual test must be conducted)

* More than 270ppm, Fail

1-Year Stay of Enforcement for the CPSIA

One Year Stay of Testing and Certification Requirements for Certain Products

The U.S. Consumer Product Safety Commission is already voted to issue a one year stay of enforcement for certain Testing and Certification requirements for manufacturers and importers of regulated products, including products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards or bans.

It means that the commission will not enforce the testing and certification portion of the Act. Manufacturers and importers of children products will not need to test or certify to these new requirements, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.

The stay does not apply to:
1. Four requirements for third-party testing and certification of certain children products subject to:
- The ban on lead in paint and other surface coatings;
- The standards for full-size and non full-size cribs and pacifiers;
- The ban on small parts; and
- The limits on lead content of metal components of children jewelry.
2. Certification requirements applicable to ATV.
3. Pre-CPSIA testing and certification requirements; and

4. Pool drain cover requirements of the Virginia Graeme Baker Pool & Spa Safety Act.

Please kindly visit for the stay by CPSC in detail:

http://www.cpsc.gov/cpscpub/prerel/prhtml09/09115.html

16 CFR 1610 Flammability Requirement under CPSIA

According to CPSIA, Wearing Apparel Flammability - 16 CFR 1610 is required for both children's and adult's apparels. But certain products may be exempted from testing requirement subjected to following conditions:

Specific Exceptions -

1. Hats, provided they do not constitute or form part of a covering for the neck, face, or shoulders when worn by individuals;
2. Gloves, provided they are not more than 14 inches in length and are not affixed to or do not form an integral part of another garment;
3. Footwear, provided it does not consist of hosiery in whole or part and is not affixed to or does not form an integral part of another garment;
4. Interlining fabrics, when intended or sold for use as a layer between an outer shell and an inner lining in wearing apparel.

Specific Exemptions -

1. Plain surface fabrics, regardless of fiber content, weighing 2.6 ounces per square yard or more; and:
2. All fabrics, both plain surface and raised-fiber surface textiles, regardless of weight, made entirely from any of the following fibers or entirely from combination of the following fibers: acrylic, modacrylic, nylon, olefin, polyester, wool.

Summary of Test Criteria for Specimen Classification
Plain surface textile fabric
Class 1: Burn time is 3.5 seconds or more, then ACCEPTABLE
Class 2: This class is not applicable to plain surface textile fabrics
Class 3: Burn time is less than 3.5 seconds, then NOT ACCEPTABLE

Raised surface textile fabric
Class 1: (1) Burn time is greater than 7.0 seconds; or (2) Burn time is 0-7 seconds with no base burns (SFBB). Exhibits rapid surface flash only, then ACCEPTABLE.
Class 2: Burn time is 4–7 seconds (inclusive) with base burn (SFBB), then ACCEPTABLE.
Class 3: Burn time is less than 4.0 seconds with base burn (SFBB), then NOT ACCEPTABLE.

Important:
Even though the some fabrics may be exempted from the flammability test, the Certificate of Conformity is still required.

Example of GCC

Here below is an example of General Conformity of Certificate (GCC)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

General Conformity of Certificate

1. Product Description: ____________________________________

2. Safety Regulation Citations:
( ) Wearing Apparel Flammability (16 CFR 1610)
( ) Flammability Standard for Children's Sleepwear (16 CFR 1615 and 1616)
( ) Small Parts (16 CFR Part 1501 and 1500.50 - 53)
( ) Sharp Points and Edges (16 CFR 1500.48 and 49)
( ) Lead Paint Ban (16 CFR 1303)
( ) Lead in substrate CPSIA Section 101 (Lead in substrate)
( ) Phthalates CPSIA Section 108
( ) Flammability of Carpets and Rugs (16 CFR 1630 and 1631)
( ) Flammability of Mattress Pads (16 CFR 1632)


3. Importer/ Private Labeler’s or Domestic manufacturer’s Information:

Importer/ Private Labeler’s OR Domestic manufacturer’s name: ___________________________________________________
Full address: _____________________
Telephone number: _________________________
Manufacturer’s contact: _______________________________

4. Record Holder’s Information:
Name: __________________________________
Full Address: ____________________________________

Telephone number: _______________________________

5. Date of Manufacture:

Month__________ Year_____________

6. Date of testing:

Date of Third Party testing: _____________________________

TPCA (Third Party Conformity Assessment Body):
Place of TP testing: ____________________________________
TPCA name: __________________________________________
TPCA address: ________________________________________
TPCA telephone number: ________________________________

* The above information are just for reference only and it may be changed subjected to CPSC's updated requirement.

How to prepare General Conformity Certification?

The contents of General Conformity of Certificate of a product must include the following information.

• Identification of the product covered by the certificate,
• Citation to each CPSC product safety regulation to which product is being certified,
• Identification of the importer or domestic manufacturer certifying compliance including manufacturer's name, full address and telephone number,
• Contact information for the individual responsible for maintaining test records including the name, email address, full address and telephone number,
• Date and place where the product was manufactured,
• Date and place where the product was tested for compliance with the regulation(s) cited above,
• Identification of any third-party laboratory on whose testing the certificate depends including name, full address and telephone number.

Remarks:

• One Certificate can be used for each product but must list separately each safety rule applicable to the product.
• One Certificate can include compliance with both general conformity and third-party testing requirements.
• Third-party testing requirements are effective 90 days after the CPSC establishes and publishes the accreditation requirements for third-party laboratories.
• CPSC has stated that laboratories are NOT allowed to issue certificates for final products.
• Cerificates must be specified in English.

Certificate of Conformity is required for all garments under CPSIA

From now on, both importers and US domestic manufactuers are required to issue a certificate stating that their product complies with all bans, standards or regulations enforced by the CPSC.

But what are the tests required on conformity certificates for Apparel and Textile Products?

Plesase kindly see the below guidelines or consult to 3rd party testing laboratories.

____________________________________________________________

Regulations

Children's Product Only

- Lead in Paint - 16 CFR 1303

* Applied to all children's items with scrapable surface coatings or paints

* GCC required on 12 Nov, 2008

* 3rd testing required on 22 Dec, 2008

(Please check with previous post for detail information)

- Small Parts - 16 CFR 1501

* Applied to children's items by age

* GCC required on 12 Nov, 2008
* 3rd testing required on 16 Feb, 2009

- Children's Sleepwear Flammability - 16CFR 1615/1616

* Applied to all children's sleepwear except tightfitting or size 0-9 month
* GCC required on 12 Nov, 2008

* 3rd testing required on Sep, 2009

- Sharp Points / Sharp Edges - 16 CFR1500.48 & 49

* Applied to children's items by age (age 8 and under)
* GCC required on 12 Nov, 2008

* 3rd testing required on Sep, 2009

- Lead Content in Substances - CPSIA Section 101

* Applied to all substances in individual children's products (include textile materials)

* GCC required on 10 Feb, 2009

* 3rd testing required on Aug, 2009

(Please check with previous post for detail information)

- Phthalates - CPSIA Section 108

* Applied to toys and childcare articles that include sleepwear

* GCC required on 10 Feb, 2009
* 3rd testing required on Sep, 2009

(Please check with previous post for detail information)

Children's and Adult's Product

- Wearing Apparel Flammability - 16 CFR 1610

* Applied to textile materials except some exemption from testing by weight or fiber content

* GCC required on 12 Nov, 2008
* 3rd testing required on Sep, 2009

- Flammability of Carpets and Rugs - 16 CFR 1630 & 1631

* Applied to small and large capets and rugs

* GCC required on 12 Nov, 2008
* 3rd testing required on Sep, 2009

- Flammability of Mattress Pads - 16 CFR 1632

* Applied to mattress pads and mattresses

* GCC required on 12 Nov, 2008
* 3rd testing required on Sep, 2009

- Flammability (Open Flame) of Mattress Sets - 16 CFR 1633

* Applied to mattresses and box springs

* GCC required on 12 Nov, 2008
* 3rd testing required on Sep, 2009

New US Regulation CPSIA - Part 4 (Certification)

According to CPSIA, section 102, certifications are mandated for all consumer products sold in USA, both imported and domestic that are subjected to any of the other ACTS for which the CPSC has jurisdiction.

General Conformity Cerification (for any Consumer Products)
Consumer products are defined as any product that is used in residence, school, or for recreational or personal use. The general conformity certification (GCC) is an amendment of paragraph (1) of section 14(a)(15 U.S.C. 2063(a). It is required for all consumer products subject to CPSA bans as well as standards, or to any similar rules, such as Federal Hazardous Substances Act (FHSA) and Flammable Fabrics Act (FFA).

For Flammable Fabrics Act, the requirements for clothing textiles, 16C.F.R. Part 1610, wearing apparel includes any costume or article of clothing that people wear. The standard applies to all textiles used in adult and children's wearing apparel. Most children's sleepwear must also meet more stringent flammability requireent (16 C.F.R. Part 1615 & 1616). Most hats, gloves, footwear, and fabrics used between the linings and other fabrics of garments are not required to meet this standard.

A certifictae shall certify, based on "a test of each product or upon a reasonable testing program"; and specify that the product meets all applicable CPSC requirements. Certification will be required for products that are manufactured on or after Novemeber 12, 2008. You can consult to the testing laboratory for test suggestion.

Certification of children's Products
Certification of children's products imposes an additional third-party testing requirement for consumer products primarily intended for children that are 12 or younger. Each children's product in the following categories that is manufactured more than 90 days after that date (when CPSC publishes accreditation procedure) must be tested at a CPSC accredited thrid party laboratory and certified to the applicable requirements.

• Lead Paint, 16 CFR Part 130 (effective date 12/21/2008)
• Full-Size Cribs, 16 CFR Part 1508 (effective date 01/20/2009)
• Non Full-Size Cribs, 16 CFR Part 1509 (effective date 01/20/2009)
• Pacifiers, 16 CFR Part 1511 (effective date 01/20/2009)
• Small Parts Rule, 16 CFR Part 1501 (effective date 02/15/2009)

You can check the below site for further information about accredited laboratories by CPSC.
http://www.cpsc.gov/cgi-bin/labapplist.aspx

Certificates must "accompany" each product or shipment of products covered by the same certificate. This may not include certian products are imported for testing, for trade shows or for re-export, etc. In addition, the responsibilities of issuing certificates are the importers in the case of products manufactured outside the US and the domestic manufacturer in the case of products manufactured in the US. Test laboratories cannot issue certificates.

New US Regulation CPSIA - Part 3 (Phthalates)

Apart from the Lead ban, the prohibition of Phthalates is one of new requirements in the CPSIA. Mandatory and interim bans on phthalates (DEHP, DBP, BBP are permanently banned and DINP, DIDP, DNOP are banned on an interim) applied in toys for children and childcare articles.

"Children's Toys" are defined as "a consumer product designed or intended by the manufacturer for a child up to age 12 for use by the child when the child plays".

"Child Care Articles" are defined as "a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething".



Phthalates ban (Sec. 108)
___________________________________________________________
Group 1 (DEHP, DBP, BBP) [Permanent Ban]
Scope: Toys for children up to age 12 or childcare articles up to age 3
DEHP <= 0.1%
DBP <= 0.1%
BBP <= 0.1%

Group 2 (DIDP, DINP, DNOP) [Interim Ban]
Scope: Toys for children up to age 12 that can be placed in the mouth* or childcare articles up to age 3
DIDP <= 0.1%
DINP <= 0.1%
DNOP <= 0.1%
___________________________________________________________

* Remark:

"Placed in the mouth" is defined if a toy or a part of a toy in one dimension is smaller than 5cm. If the children's product can only be licked, it is not regarded as able to be placed in the mouth.

** Effective Date on 10 Feb, 2009

New US Regulation CPSIA - Part 2 (Lead)

Under the Consumer Product safety Improvement Act (CPSIA) of 2008, new chemical substance requirements were enacted on 14 August, 2008. Lead containing paint and lead in substrates are banned in all children's products in order to prevent children from being poisoned from eating or licking any lead-containing products.

Lead ban (Sec. 101): __________________________________________________

A. Total substrate of products for children up to age 12

<=600ppm (Effective date on 10 Feb,2009)

<= 300ppm (Effective date on 14 Aug,2009)

<= 100ppm (Effective date on 14 Aug,2011)

B. Lead in Paint / Surface Coating

<= 600ppm (Crrent)

<= 90ppm (Effective date on 14 Aug, 2009)

__________________________________________________

Remarks:

1. Total substance excludes any component part of a children's product that is not accessible to be a child through normal and reasonably foreseeable use and abuse of such product.

2. Reasonably foreseeable use and abuse is including, swallowing, breaking, mouthing, or other children's activities, and the aging of the product.

3. Paint, coating or electroplating are not barriers to be the substrate being inaccessible as these substances will peal off or ageing from the total substrate.

For more understanding about Lead poisoning:

http://www.faqs.org/health/Sick-V3/Lead-Poisoning.html

New US Regulation CPSIA - Part 1

On August 2008, President George W. Bush of the United States signed a landmark legislation 'Consumer Product Safety Improvement Act (CPSIA) of 2008 (HR 4040)', to reauthorise the Consumer Product Safety Commission (CPSC) for FY 2010-2014 and expanded the Commision's role in ensuring the safety of consumer products, especially those intended for children. The aim of this act is to protect th American public from unresonable risks of injiry and dealth posed by consumer products and is in response to a wave of recalls of "toxic toys" and other products.

The act directs CPSC to provide guidance on implementation specific provisions as per schedule mndated in the CPSIA legislation. To further address he requirements for the GCC (General Certificate of Conformity), the CPSC has published a final rule for such requirements.

For new requirements under CPSIA, please kindly see the further parts of this topic.

For more detail about:
Consumer Product Safety Commission (CPSC)