Whether or not you are ready for it or even aware of it, the federal mandate for CPSIA compliance is scheduled to go into effect on February 10th, 2010. If you are ready for it, then you know the major impact that this regulation will have on business and the implications for non-compliance. If you’re not aware of it, you should really accelerate your understanding, because the repercussions may put your company at risk!
What is CPSIA?
The Consumer Product Safety Improvement Act of 2008 (CPSIA) was passed by U.S. Congress and signed into law by President Bush on Aug. 14, 2008. CPSIA is designed to allow The U.S. Consumer Products Safety Commission (CPSC) to better regulate the safety of products made and imported for sale in the U.S. CPSIA also contains regulations that are intended to make products for children under age 12 safer by requiring manufacturers and importers to show that these products do not have harmful levels of lead and phthalates.
A “children’s product” means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:
- A statement by the manufacturer about the intended use of the product, including a label on the 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.
- The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
To learn more go to: www.cpsc.gov or www.strquality.com
Why is it important to know about CPSIA?
You probably remember the reports from 2007 and early 2008 about problems with children’s toys. There were many toy recalls due to all sorts of issues ranging from lead in the toys to small parts that could cause choking in toys that were designated for young children. This was due to many toy manufacturers outsourcing toy production to foreign countries. The Consumer Products Safety Commission (CPSC) did not have the authority to prevent these dangerous toys and other products from coming into the United States and being sold.
To alleviate this problem, Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August of 2008. The law redefines the meaning of “children’s products” as anything created for children 12 and under places extensive third-party testing requirements for banned lead and phthalates and choking hazards. It also requires permanent labeling of each item with a date and batch number.
While this may sound like a good idea, there are many concerns over the law. The law requires third-party testing and certification of all toys, games, clothing, books, art, educational supplies, and more by February 10th, 2010. Anything that has not been certified will be considered contraband, illegal to sell, give to customers, or charity, and must be destroyed or permanently disposed of. This includes American-made products, including products made in small batches by small companies, and even used items.
The bottom line is that you need to understand where the products you purchase come from, how they are made, and their intended use. Supply chain management will take on a whole new meaning as a result of this legislation.
What is Newton doing about it?
Through execution of Newton’s Code of Conduct agreement, all Suppliers to Newton will agree to comply with the following Product Safety standards:
- Abide to all applicable State, Federal and International laws and regulations regarding the safety of the products we supply.
- Meet applicable recognized voluntary industry standards for our products and processes.
- Affirm they have available applicable toxicology and testing reports on all products. Depending on legal requirement, these reports are issued from in-house or third party laboratory sources.
- Provide the testing compliance for CPSA (Consumer Product Safety Act), FDA and FHSA regulations. If our products require a General Conformity Certificate, copies are available if requested.
- Verify they are in compliance regarding the CPSIA (Consumer Product Safety Improvement Act) regulations specifically with “children’s products.” Our compliance efforts include performing and monitoring age grading, third party testing, cautionary labeling and tracking labels, but also extend to all aspects of the law as it is being implemented.
Newton has been a trusted source for promotional items for over 100 years and by making sure that our supply chain is compliant and that our clients are insured and indemnified...why would anyone trust buying their promotional items anywhere else?