FAQ on US Consumer Product Safety Improvement Act

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The US Consumer Product Safety Commission (CPSC) has published more answers to FAQs with regards to the Consumer Product Safety Improvement Act (CPSIA). Below are some of the key points.
1. The ban on the six specified phthalates in section 108 of the CPSIA only applies to products that are manufactured on or after February 10, 2009.
2. The 0.1% limit for the six banned phthalates applies to each individual phthalate, not the total amount of these phthalates in the product.
3. In order to provide additional guidance, CPSC will be evaluating the determination of children's toy for the purposes of compliance with the phthalates limit. In the interim, the Commission staff plans to use the definition of toy in the ASTM F963-07 toy standard for guidance.
4. If a cosmetic material is included in a toy set, it is required to meet the requirements of the phthalates ban. However, cosmetics in general when not packaged with a toy, are not covered by the section 108 prohibitions and fall under the jurisdiction of the Food and Drug Administration (FDA).
5. An unbanned phthalate or an alternative plasticizer that is not one of the banned phthalates may be used in a children's toy or child care article. However, manufacturers are still responsible for ensuring that children's products are not considered “hazardous” under the general requirements of the Federal Hazardous Substances Act (FHSA).
6. Life jackets are not consumer products, they would not be considered as "children’s products" or “children’s toys" under the CPSIA and would not be subject to CPSIA requirements applicable to children's products. However, toy versions of life jackets or flotation devices like "water wings" do fall within the CPSC's jurisdiction.
7. Shoes and socks are not considered to be children’s toys or child care articles.
8. Pool toys, beach balls, blow up rafts and inner tubes designed or intended for children 12 years of age or younger would be considered children’s toys and subject to the phthalates ban.
9. Children’s toys and child care articles manufactured on or after February 10, 2009, will need a general conformity certification to certify its compliance with the phthalates ban based on a “test of each product or a reasonable testing program”. Starting in September 2009, children’s toys and child care articles will have to be certified based on third-party testing of the product by accredited third-party laboratories.