product safety 101 - ccbfa pga... · 2019. 7. 9. · • cpsc form 352 – notice of sampling and...

Disclaimer: This presentation was prepared by CPSC staff and may not reflect the views of the Commission.

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Shelby MathisSmall Business Ombudsman

June 20, 2019

Product Safety 101

Presentation Agenda

Tracking Information Children’s Toys Apparel and Sleepwear Regulatory Robot Demo Q & A

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Tracking Information

Tracking InformationPermanently affixed to children’s product and its

packagingMust provide identifying information: Manufacturer or private labeler name Location and date of production of the product Detailed information on the manufacturing process, such

as batch or run number Any other info to ascertain source of product

Check out website FAQs:

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www.cpsc.gov/TrackingLabel

Children’s Toys

16 CFR part 1250: Toy Standard Final Rule Incorporates, as mandatory, ASTM F963-17, with a modification

that sound-producing pull/push toys must comply with the testing requirements outlined in 16 CFR §1250.2(c), instead of complying with Section 8.20.1.5(5) of ASTM F963-17.

ASTM F963-17: Toy Standard Toys manufactured on or after February 28, 2018, must comply

with ASTM F963-17 Standard is available for purchase via astm.org Note: Flammability testing, while included in ASTM F963-17

(section 4.2), is not mandated per the CPSIA, P.L. 110-314, Sec. 106(a).

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Children’s Toys: Testing Requirements

Small Parts Regulation – 16 CFR part 1501 (Section 4.6, Small Objects in ASTM F963-17) Present a choking, aspiration, and ingestion hazard Fit entirely into a small parts cylinder specified in the regulation Ban on toys intended for use by children under 3 years that have

small parts

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Toys & Childcare Articles: Phthalates

Phthalates: 16 CFR part 1307 Effective Date: April 25, 2018 Limit: Children’s toys and child care articles must not contain

concentrations more than 0.1% of the following eight (8) specified phthalates:

Applies to plasticized component materials Each individual phthalate subject to separate 0.1% limit

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1. diisononyl phthalate (DINP) 5. diisobutyl phthalate (DIBP)

2. di-n-pentyl phthalate (DPENP) 6. di-(2-ethylhexyl) phthalate (DEHP)

3. di-n-hexyl phthalate (DHEXP) 7. dibutyl phthalate (DBP)

4. dicyclohexyl phthalate (DCHP) 8. benzyl butyl phthalate (BBP)

Toys & Childcare Articles: Phthalates

Phthalates: Determinations Regarding Certain Plastics: 16 CFR part 1308.2

Effective Date: September 29, 2017 Seven types of plastics listed below are not required to undergo

third party testing for compliance with the mandatory phthalates prohibitions on children’s toys and child care articles:

1. Polypropylene (PP)2. Polyethylene (PE)3. High-impact polystyrene (HIPS)4. Acrylonitrile butadiene styrene (ABS)5. General purpose polystyrene (GPPS)6. Medium-impact polystyrene (MIPS)7. Super-high-impact polystyrene (SHIPS)

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Apparel: Flammability Testing

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Flammability Testing – 16 CFR part 1610 Applies to all textiles used for adult and

children’s wearing apparel.

Does not apply to: Certain hats, gloves, footwear, interlining

fabrics. Children’s sleepwear must meet a more

stringent standard.

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Specific Exemptions under 16 CFR §1610.1(d) -Fabrics that do not require flammability testing: Plain-surface fabrics ≥88.2 g/m2 (2.6 oz/yd2),

regardless of fiber content Plain and raised-fiber surface fabrics made of certain

fibers:Acrylic, modacrylic, nylon, olefin, polyester, wool, or any combination of these fibers, regardless of weight

Apparel: Flammability Testing

Children’s Sleepwear

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Children’s sleepwear means any product of wearing apparel intended to be worn primarily for sleeping or activities related to sleep in sizes 0 through size 14.

Nightgowns, pajamas, robes, or similar or related items, such as loungewear, are included.

Several factors determine whether a garment is sleepwear: Suitability for sleeping, likelihood of garment to be used

for sleeping Garment and fabric features Marketing, merchandising/display, intended use

Children’s Sleepwear: Flammability Testing

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Children’s sleepwear must pass specified flammability requirements – more stringent standard than 16 C.F.R. part 1610 16 CFR part 1615 (Sizes 0-6X) 16 CFR part 1616 (Sizes 7-14)

All fabrics and garments defined as children’s sleepwear must be flame-resistant and self-extinguish (not continue to burn) when removed from a small, open-flame ignition source.

NOTE: (1) Diapers and underwear, (2) “infant garments,” and (3) “tight-fitting garments,” are excepted from the definition of children’s sleepwear.

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“Tight-fitting Garments” are also excepted from testing to the children’s sleepwear flammability requirements.

Tight-fitting sleepwear must meet specific maximum dimensions: 16 CFR §1615.1(o) (Sizes 0-6X) 16 CFR §1616.2(m) (Sizes 7-14)

Must still comply with 16 C.F.R. part 1610 – Clothing Textiles Flammability

Must meet tight-fitting label and hangtag requirements

Children’s Sleepwear: Flammability Testing Exceptions

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WEAR SNUG-FITTING NOT FLAME-RESISTANT

Neck label must be at least 5 point sans serif font, all capital letters, set apart from other text by line border, on a contrasting background and not covered by other labels.

Hangtag must be yellow (specified color code) and measure 1.5”x 6.25” with a 1”x 5.75” text boxArial/Helvetica black 18-point font

For child’s safety, garment should fit snugly. This garment is not flame resistant. Loose-fitting garment is more likely to catch fire.

Children’s Sleepwear: Tight-Fitting Garments

Children’s Product Certificates

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All children’s products require a Children’s Product Certificate (CPC)

Manufacturers and importers of children’s products must certify in a written Certificate that their products comply with applicable product safety rules.

Sample Children’s Product Certificates available online: CPC for a Children’s Toy CPC for Children’s Clothing

https://www.cpsc.gov/CPC

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Availability of Certificates (CPC/GCC) – Certificates must “accompany” each product or shipment of

products covered by the same certificate. A copy of the certificate must be “furnished to each distributor or

retailer of the product” (no requirement to provide to ultimate consumer).

A copy of the certificate must be made available to CPSC and Customs, upon request.

Electronic Certificates are acceptable but must be created no later than time of shipment or first distribution within the United States per 16 CFR §1110.13.

Children’s Product Certificates

CPSC Business Resources

16www.cpsc.gov/businesseducation

CPSC Business Resources

CPSC YouTube Channel: www.youtube.com/uscpsc17

Regulatory Robot 2.0

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Available at https://business.cpsc.gov/

Regulatory Robot 2.0

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• Users will first be asked to Title their Report & accept Terms of Use

• CPSC does not keep copies of reports so user should keep report for their records

Regulatory Robot 2.0

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• Select from nine product categories

• Search box will suggest category

• Question marks list products in each category

• Easily toggle between languages

Regulatory Robot 2.0

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• Guides user through a series of product questions

• Question marks open pop-ups that provide definitions and hyperlinks to more info

Regulatory Robot 2.0

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• Printable/ downloadable End Report

• Reports have unique URL (easy to share via email)

• Report generated in one language can be converted into another by toggling

Questions?

Shelby MathisSmall Business Ombudsman

smathis@cpsc.govTele: (301) 504-7945

@CPSCSmallBiz

Desktop Reference Guide: www.cpsc.gov/desktopguide

Want to stay up to date on upcoming SBO webinars? Sign-up for our Newsletter:

www.cpsc.gov/emailSelect “Small Business Ombudsman

updates”

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Regulatory Robothttps://business.cpsc.gov/robot

Consumer Product Imports

CPSC Import SurveillanceChicago Field Office

Overview

• CPSC at the Port• How CPSC exams are targeted• Screening CPSC-regulated product• Detention and Conditional Release Process• Evaluation Process

• National statistics for FY 2018• Detention Rates• Violation Rates

Prior to Port At Port

Commerce

No Exam

CPSC at the Port

CPSC at the PortPrior to Port

How are CPSC exams targeted?

• Commercial Targeting and Analysis Center (CTAC)• CBP-run program• National operation

• Risk Assessment Methodology (RAM)• Local targeting

• CBP Referrals

Prior to Port At Port

Commerce

No Exam

CPSC at the Port

How are CPSC exams screened?Products are screened according to the applicable standard:

• Federal Hazardous Substances Act (FHSA)• Consumer Product Safety Act (CPSA)• Consumer Product Safety Improvement Act (CPSIA)• Flammable Fabrics Act (FFA)• Labeling of Hazardous Art Materials Act (LHAMA)• Poison Prevention Packaging Act (PPA)• The Standard Consumer Safety Specification for Toy

Safety (ASTM F963-17)

How are CPSC exams screened?

Products are screened using tools, templates, and screening guides:

• XRF: X-ray Fluorescence device• FTIR: Fourier Transform Infrared device• Screening templates

• Small parts cylinder• Rattle template• Pacifier template• Small ball template• Toys with spherical ends template• Expanding materials template

Regulated Products

• Children’s Art Materials• ATVs• Bicycles/Helmets• Carpets/Rugs• Clothing• Children’s Sleepwear• Drawstrings• Durable Infant/Toddler

Products• Holiday Lights

• Consumer Fireworks• Lighters• Mattresses• Rattles• Pacifiers• Strollers• Children’s Toys• Hand-Held Hairdryers• Balloons• And more!

Unregulated Products

Products within CPSC’s jurisdiction that do not have a mandatory standard or ban associated with them.

Importers/manufacturers/distributors/retailers are required to report defective or dangerous products

to CPSC (CPSA Section 15 & 37).

Prior to Port At Port

Commerce

No Exam

CPSC at the Port

Screening Product Failures

• Samples are collected for testing and/or evaluation;• A receipt is issued to CBP, the Customs Broker, and to

the IOR; and• The shipment is detained or conditionally released:

• CPSC Form 352 – Notice of Sampling and Detention• CPSC Form 353 – Notice of Sampling and Conditional

ReleaseThe Notice is provided to CBP, the Customs Broker, and to the IOR.

Screening Product Failures

Detention

• Product must remain held, in-tact, at a CBP-bonded facility until completion of CPSC testing/evaluation

• CPSC’s detention authority• 60+ day detention

Conditional Release

• Products are conditionally released to the Importer/Ultimate Consignee, to be held intact, pending completion of CPSC testing/evaluation

• CBP bond• 60+ day conditional release

Prior to Port At Port

Commerce

No Exam

CPSC at the Port

Where do CPSC samples go?

• Office of Regulatory Compliance (Compliance Officer)• Human Factors for age determination• CPSC laboratory for chemical and/or mechanical testing• Sample Storage Facility

Samples are not returned to the shipment or to the IOR/Ultimate Consignee.

Prior to Port At Port

Commerce

No Exam

CPSC at the Port

CPSC evaluation process

• If the product is determined to be violative, the CPSC Compliance Officer contacts the IOR to review the test report and the next steps:

• Seizure• Release for Reconditioning• Correct Future Production

• IOR’s compliance history is taken into consideration• Documents issued by CPSC

• CPSC Form 330 – to CBP only• Notice of Non-Compliance (Letter of Advice – LOA) – to IOR

only

Prior to Port At Port

Commerce

No Exam

CPSC at the Port

Product Reconditioning Process

• IOR must recondition products into compliance within the specified period of time noted in the Notice of Non-Compliance.

• IOR must provide proof that the reconditioning process is complete and:

• Submit updated third party test reports and certificates• Provide pictures of reconditioned product/destroyed violative

components• Provide a signed affidavit that the products are now compliant

with all applicable standards• CPSC issues a Form 330 when the reconditioning process is

complete and verified. The notice is provided to CBP.• Product is released into commerce. • If product is not reconditioned, CPSC may require that the product

be destroyed by the IOR or redelivered to CBP for seizure.

Prior to Port At Port

Commerce

No Exam

CPSC at the Port

CPSC Exam and Sample DataFY 2018

Number RateEntry Lines Risk Scored in RAM 3,600,000Entries Screened/Examined 8,760Entries Sampled 1,137 13.0%Samples Collected 2,621Violations Found 2,174 82.9%Samples Seized 1,032 47.5%Samples Released for Reconditioning 425 19.5%Samples Released with LOA/CFP 523 24.1%Samples Released for Destruction/Export 41 1.9%Average Detention Time 38 days

CPSC Seizures by Commodity

51%

26%

5%

4%

3%

3%2% 1%

5%

Toys

Clothing & Footwear

Baby/Toddler Products

Bags

Bicycles & Accessories

Art Material

Hair Dryers

Rugs or Carpets

Other

CPSC Seizure by Mode

68%1%

9%

22%

SeaRailTruckAir

FY 2018 CPSC Violations

*- Entries can have more than one violation type.

Primary Rate*Lead 18%Mechanical 11%Chemical 5%Phthalates 3%Electrical 2%Flammability 1%Other 1%Lighters 1%Fireworks 0%Generators 0%SecondaryCertificates 62%Tracking Labels 61%Product Registration 3%

CPSC Field Office ContactsSupervisory CI Hank Tapy

htapy@cpsc.gov240-429-4013

CI Guadalupe Whytegwhyte@cpsc.gov

240-429-4514

PSI Jonathan Williamsjwilliams@cpsc.gov

240-429-4014

Thank you!Questions?

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