[15] Even if they can, there are not enough testing facilities to handle the volume in time to meet the schedules. Product Safety. c. Legal but unethical. 1 - Short Title 2 - Interpretation 3 - Purpose 4 - Application 5 - Prohibitions 12 - Tests, Studies and Compilation of Information 13 - Preparing and Maintaining Documents 14 - Duties in the Event of an Incident 15 - Disclosure of Information by the Minister 19 - Inspectors 21 - Inspection 23 - Procedures Following Seizure Consumer Product Safety Improvement Act ‏ (CPSIA) Compliance Certification Under the Consumer Product Safety Improvement Act of 2008, some of the products distributed by Henkel Corporation in the United States may require a Certificate of Compliance. The purpose of the Act's whistleblower provision is to protect employees who do the right thing by speaking up when they believe their employer has violated a consumer product safety law. The earlier bill was prompted by various scandals over high lead content in toys, including a December 2006 report at Waxman's behest showing high lead levels in items sold in U.S. Capitol gift shops. CPSC.gov is an official website of the United States government. The certificate must: These certificates must accompany the product through the distribution chain through the retailer. List the name, address, and phone number of the manufacturer, importer, and/or private labeler issuing the certificate and any third party testing facility. d. Uniform Safety Testing Bill. [14] The problem is not the lead or phthalate content, as they imply, but the fact that the products must be tested to make sure they comply. 4040 (110th). This act was seen in part as controversial because of its impact to many types of businesses. The CPSIA defines the term “children’s product” and generally requires that children’s products: The CPSIA also requires domestic manufacturers or importers of non-children’s products to issue a General Certificate of Conformity (GCC). [2], The law increases the CPSC budget authorization from $80 million in 2008 to $136 million in 2014. The Consumer Product Safety Improvement Act of 2008 is a complex law that has wide-ranging implications for manufacturers, importers and retailers, and violations of the Act carry the possibility of severe consequences. This document is intended to It also affects any product that is subject to anything the CPSC regulates by requiring certificates of conformance which state that the product was tested to conform to the regulations it is subject to. Under the Act, the products are also recalled if they are found to be hazardous in nature. This has resulted in an online petition campaign by small manufacturers of children's apparel. The legislation reduces the limit of lead allowed in surface coatings or paint to 90 ppm (from the current limit of 600 ppm) effective on August 14, 2009. [9], Additionally, under the Act a Publicly Available Consumer Product Safety Information Database where consumers can directly report harm or merely a risk of harm officially launched on March 11, 2011.[10]. (v) CPSC does not control this external site or its privacy policy and cannot attest to the accuracy of the information it contains. Thus, unit testing would result in certifying the safety of a product which has unsafe components that could be swallowed by a child. Increases criminal penalties for various prohibited acts to include forfeiture of assets and imprisonment for up to five years, and eliminates the requirement that the CPSC first notify a company of noncompliance before seeking criminal penalties. They must be available to the CPSC during any inspection. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered: See 15 USC 2052 See also 16 CFR 1200.2(a) For the CPSC's detailed analysis about the four factors, see 16 CFR 1200.2(c). SHORT TITLE; TABLE OF CONTENTS. d. Legal and unethical. Illegal and unethical. Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger. ET, Office of Equal Employment Opportunity and Minority Enterprise, Regulations, Mandatory Standards and Bans, The Consumer Product Safety Improvement Act, Durable Infant or Toddler Product Safety Standards: Scroll down the page to, Testing and Certification, including initial testing, periodic testing & material change testing requirements, as well as possible testing cost relief associated with component parts. Falvey provided an additional opinion on November 17, 2008 that the ban does not apply to wearing apparel, but does apply to toy costumes, bibs, sleepwear. Finally, the CPSIA lists special requirements in Section 104 for certain durable infant and toddler products, including cribs. Though many of these later turned out to be problems with design rather than manufacture,[11] public pressure was increased as the result of at least one case of lead poisoning[12] and subsequent issues with tainted pet food[13] and other products shipped from China. The Act imposes or increases both fines and jail time penalties, and mandates coordination with the CPSC when effecting a manufacturer's product recall. An Act To establish consumer product safety standards and other safety requirements for children’s products and to reauthorize and modernize the Consumer Product Safety Commission. [1] The law—public law 110-314—increases the budget of the Consumer Product Safety Commission (CPSC), imposes new testing and documentation requirements, and sets new acceptable levels of several substances. [3], CPSC General Counsel Falvey provided an advisory opinion on October 17, 2008 that the phthalate ban does not apply to children's footwear. August 20, 2008. The legislative bill was known as HR 4040, sponsored by Congressman Bobby Rush (D-Ill.). Because many of these loan agreements and all publicly traded companies require audited financial statements at the end of the year, inventories will be tested. Are you looking for CPSIA business guidance? As of February 10, 2009, it shall be unlawful for any person to manufacture for sale, distribute in commerce, or import any children's toy or childcare article that contains the phthalates DEHP, DBP, or BBP at levels higher than 0.1 percent. On October 9, 2011 CSPC passed final regulations requiring third-party safety testing for children's products. [35] However, on 08/12/11, an amendment was signed by President Obama, which exempts youth ATVs and motorcycles from the CPSIA. The CPSIA also repealed a challenging agency funding limitation and increased the number of authorized CPSC commissioners from three to five. The CPSA encompasses several consumer protection acts, such as the Poison Prevention Packaging Act (PPPA) and the Consumer Product Safety Improvement Act … Table of Contents. 15 use 2051 note. Passed in 2008, the Consumer Product Safety Improvement Act (CPSIA), imposes new testing and documentation requirements, and sets new acceptable levels of several substances, namely lead and the phthalates DEHP, DBP, and BBP. CPSIA requires businesses to provide a General Conformity Certification (GCC) that confirms products meet a range of safety specifications, and requires mandatory third party testing for all children’s products. The Consumer Product Safety Improvement Act (CPSIA) is a U.S. Federal regulation regarding labeling choking hazards for kids. The CPSIA increases the budget of the Consumer Product Safety Commission (CPSC) and imposes new testing and documentation obligation on manufacturers, importers and retailers of … Consumer Product Safety Improvement Act of 2008 (CPSIA) Public Law 110–314, August 14, 2008 On August 14, 2008, the President signed into … To establish consumer product safety standards and other safety requirements for children's products and to reauthorize and modernize the Consumer Product Safety Commission. The Consumer Product Safety Improvement Act or CPSIA establishes lead and phthalate limits in children’s products, toys, and child care articles for any product that is used by children 12 and under. [34] The ban has left many motorsports retailers with unsalable products, and motorcycle industry leaders suggest that the ban may cost the US economy $1 billion. 3016), as part of the Danny Keysar Child Product Safety Notification Act, on August 14, 2008. However, the decision was challenged by the Natural Resources Defense Council (NRDC) and Public Citizen in the New York Southern District Court and set aside by Judge Paul Gardephe on February 5, 2009.[4]. An Act Nov. 16, 1990 [S. 605] Consumer Product Safety Improvement Act of 1990. [28], The enactment of the CPSIA banned the sale of youth motorcycles and ATVs because of the lead content of battery terminals and tire valve stems. The link you selected is for a destination outside of the Federal Government. [33], According to Walter Olson's report 'The New Book Banning' in 'City Journal' (NYC), the CPSIA has problems because due to economics, some stores destroyed books, and some used book sellers removed many books. The law requires some rulings from the CPSC on a predetermined schedule, and allows for other rulings as necessary. Whistleblower protections. [6] The actual date for compliance as publish for compliance will be February 8, 2013 for their own Product Testing and Certification Program.[7]. Requires CPSC approval of the remedy offered in a product recall, rather than giving the recalling party its choice of repair, replace, or refund. One small bookstore owner interviewee criticized the CPSC and referenced the book Fahrenheit 451, where the destruction of books at government behest was a plot point. Counseling numerous manufacturers, importers and retailers regarding compliance with consumer product safety requirements, including the Consumer Product Safety Improvement Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act and the Flammable Fabrics Act. 4040--110th Congress (2007): Consumer Product Safety Improvement Act of 2008, "Third-Party Testing of Children's Toys Required by CPSC", "A New 'Must-Do' for Children's Products Importers and Domestic Manufacturers: A CPSC-Compliant Product Testing and Certification Program", http://www.cpsc.gov/Business--Manufacturing/Business-Education/Durable-Infant-or-Toddler-Products/, Consumer Products Act Whistleblower Provisions, "The "Safer Products" Database: Reports of Harm Made Public on March 11, 2011", Pet Food Recall (Melamine)/Tainted Animal Feed, Suit Challenges Agency Over Phthalates Ruling, 5 Tips for Implementing a CPSC Compliance Program, CSPC ruling on the certificate of compliance, Notice of Stay of Enforcement of Testing and Certification Requirements, Goodwill stores pull clothes, toys from shelves to comply with lead safety law, CPSC stays delay; too little too late for some businesses, Safety law has local business closing doors, New law has thrift stores worried about the toys on their shelves, Goodwill stores pull items to comply with new federal laws, Doll shop closes despite temporary hold on anti-lead law, New law for lead confounds resale and thrift shop owners, New lead law impacting local thrift stores, Links to other legislation relevant to CPSC and CPSIA, The Handmade Toy Alliance Urges the Senate to hold Hearings on the CPSIA, https://en.wikipedia.org/w/index.php?title=Consumer_Product_Safety_Improvement_Act&oldid=972595663, United States federal commerce legislation, Articles with unsourced statements from March 2009, Creative Commons Attribution-ShareAlike License, Consumer Product Safety Improvement Act of 2008. The consumer product safety act improvement act of 2008 includes rules covering the resale of goods such as in a garage sale True Federal trademark law provisions provide remedies for companies whose products are misrepresented in comparative advertising. The law—public law 110-314—increases the budget of the Consumer Product Safety Commission(CPSC), imposes new testing and documentation r… [17][18], Final product testing may actually be counterproductive if, for example, a solid lead button is tested as part of a larger product. 15(a) of the Consumer Product Safety Act, 15 U.S.C. Beginning August 14, 2009, children's products must be marked by a permanent distinguishing mark or label that indicates the manufacturer, cohort (batch), and any other mark necessary to trace the product. The products below are those that require a certificate of compliance with the Consumer Product Safety Improvement Act of 2008 (CPSIA). The legislative bill was known as HR 4040, sponsored by Congressman Bobby Rush (D-Ill.). You may wish to review the privacy policy of the external site as its information collection practices may differ from ours. Many times this ruling isn't available until after the item is already required. According to 2002 business census data, 99% of the apparel manufacturers in the United States are small businesses, using the Small Business Administration's definition of "less than 500 employees. There are also new rules governing all-terrain vehicles (ATVs). H.R. Contact Us: 800-638-2772 (TTY 800-638-8270), Toll Free Consumer Hotline | Time: 8 a.m. - 5.30. p.m. Businesses that may be affected by the Act’s many provisions should stay informed about the latest information and rulings issued by the Commission (available at cpsc.gov/about/cpsia/cpsia.html), and if any compliance or planning issues are anticipated or encounte… [citation needed]. 3473, sponsored by Representative Henry Waxman), was incorporated into this act. This raises the question of whether corporate officers can legitimately claim inventory in their current borrowing base. In a section of the Act known as the Danny Keysar Child Product Safety Notification Act,[8] mandatory standards are required for infant and toddler durable products, cribs cannot be sold that don't meet current standards and all infant and toddler durable products must have product registration cards. Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. The Consumer Product Safety Act (CPSA) was passed for the purpose of protecting consumers against dangerous products. Companies with large varieties of products will have difficulty selecting several samples of every item. [1] Among other provisions, its Section 219 (15 U.S.C. A previous, less sweeping bill, the Lead-Free Toys Act (H.R. We have posted valuable business guidance in our Business Education /CPSIA section. The Act also increases fines and specifies jail time for some violations. However, these lead content testing requirements were stayed by the CPSC in January 2009 until February 10, 2010. 101) Treats as a banned hazardous substance under the Federal Hazardous Substances Act (FHSA) any children's product (a consumer product designed or intended primarily for children 12 years of age or younger) containing more than specified amounts of lead. Illegal but ethical. Additionally, products such as “regular Children’s books”, that have never been a health problem, are being included in the products that must be tested and certified. chapter ii. A statement by the manufacturer about the intended use of the product, including a label on the product, if such statement is reasonable. The Consumer Product Safety Improvement Act (CPSIA) This landmark consumer product safety law amended CPSA in 2008 and provided CPSC with significant new regulatory and enforcement tools as part of amending and enhancing several CPSC statutes, including the Consumer Product Safety Act. Consumer Product Safety Improvement Act of 2008 Approved by Congress and Signed by President. The Consumer Product Safety Commission has stated that manufacturers may provide the General Certificate of Conformity by any of several means, including posting it on a publicly available website. In December 2009, this stay of enforcement was further extended until February 10, 2011. We can provide consultancy, testing and training services specifically for compliance with the Consumer Product Safety and Improvement Act (CPSIA) 2008 and California Proposition 65. consumer product safety commission; subchapter b. consumer product safety act regulations; part 1303. ban of lead-containing paint and certain consumer products bearing lead-containing paint Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This landmark consumer product safety law amended CPSA in 2008 and provided CPSC with significant new regulatory and enforcement tools as part of amending and enhancing several CPSC statutes, including the Consumer Product Safety Act. Linking to this external site does not constitute an endorsement of the site or the information it contains by CPSC or any of its employees. The legislation requires that every manufacturer of a product subject to a consumer product safety rule will provide a "General Conformity Certificate" (GCC) to certify, based on unit testing or a reasonable testing program, that the product complies with all safety rules. The Improvement Act, which was signed into law and became effective on August 14, 2008, provides for new whistleblower protections for employees. The CPSIA included provisions addressing, among other things, lead, phthalates, toy safety, durable infant or toddler products, third-party testing and certification, tracking labels, imports, ATVs, civil and criminal penalties and SaferProducts.gov, a publically-searchable database of reports of harm. Specifically, if employees of a manufacturer, private labeler, distributor, or retailer of consumer products, may not have their employer retaliate against them for reporting potential violations of consumer product safety laws. 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