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. 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. chapter ii. [35] However, on 08/12/11, an amendment was signed by President Obama, which exempts youth ATVs and motorcycles from the CPSIA. This document is intended to In the wake of the scandals over lead paint found in toys and other toy recalls, Congress passed the Consumer Product Safety Improvement Act of 2008 (“Improvement Act”), a broad set of amendments to the Consumer Product Safety Act. They have not been tested because the items generally do not contain hazardous materials; CPSC has been slow to define some of the accreditation or testing criteria; some of the low volume, low value items are not economical to test; and lot tracking methods would not allow some of the items to be tracked. The Act also increases fines and specifies jail time for some violations. Requires CPSC approval of the remedy offered in a product recall, rather than giving the recalling party its choice of repair, replace, or refund. 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. 2051) protects whistle blowers who take certain actions to raise concerns about consumer product safety. c. Consumer Product Safety Improvement Act. The products below are those that require a certificate of compliance with the Consumer Product Safety Improvement Act of 2008 (CPSIA). List each applicable rule, standard, and ban. [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. 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. The legislation bans from any children's toy that can be put in a child's mouth or childcare articles phthalates DINP, DIDP, and DnOP at levels higher than 0.1% on an interim basis until a report from the Chronic Hazard Advisory Panel (CHAP) is received, after which the CPSC can continue the prohibition by rule. Table of Contents. assisting consumers in evaluating the comparative safety of consumer products, developing uniform safety standards for consumer products; and promoting research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries. 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. Phthalate limits in toys and certain child care articles contained in Section 108 of the CPSIA. d. Legal and unethical. [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. List the name, address, and phone number of the manufacturer, importer, and/or private labeler issuing the certificate and any third party testing facility. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. [1] Among other provisions, its Section 219 (15 U.S.C. [6] The actual date for compliance as publish for compliance will be February 8, 2013 for their own Product Testing and Certification Program.[7]. [17][18], Final product testing may actually be counterproductive if, for example, a solid lead button is tested as part of a larger product. [3], CPSC General Counsel Falvey provided an advisory opinion on October 17, 2008 that the phthalate ban does not apply to children's footwear. [citation needed], Manufacturers also note both the difficulty and the apparently contradictory mandate to perform unit testing. Electronics products contain lead as a component of solder; whereas the European Restriction of Hazardous Substances Directive standards have long attempted to phase out lead solder, the tin solder is known to suffer from a defect known as tin whiskers. Please look there for product guidance, keys to compliance and frequently asked questions and answers. L. 110-314, 122 Stat. There are also new rules governing all-terrain vehicles (ATVs). President Bush has signed the "Consumer Product Safety Improvement Act of 2008" (H.R. The law—public law 110-314—increases the budget of the Consumer Product Safety Commission(CPSC), imposes new testing and documentation r… Manufacturers making false or misleading claims about a competitor's product is: a. Manufacturers must wait until a final ruling is made before they can perform the required testing or gather the required documentation. 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. This raises the question of whether corporate officers can legitimately claim inventory in their current borrowing base. 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. [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]. 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. The Consumer Product Safety Improvement Act of 2008 affects virtually every level of the consumer product commerce stream — including manufacturers, importers, distributors, private labelers and retailers — and imposes stringent testing standards and certification requirements. Finally, the CPSIA lists special requirements in Section 104 for certain durable infant and toddler products, including cribs. Large manufacturers tend to be very leveraged, and use their eligible inventory as their borrowing base. (v) 4040) into law as Public Law No. 1115.2. The Act imposes or increases both fines and jail time penalties, and mandates coordination with the CPSC when effecting a manufacturer's product recall. The Consumer Product Safety Improvement Act (CPSIA) of 2008 is a United States law signed on August 14, 2008 by President George W. Bush. CPSC.gov is an official website of the United States government. 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. The list of acronyms and abbreviations related to CPSIA - Consumer Product Safety Improvement Act These criticisms have been leveled by large and small manufacturers alike. 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. The legislation reduces the amount of total lead content in children's product substrates to: The Falvey Opinion (named for Cheryl Falvey, General Counsel for the CPSC) issued on September 12, 2008 stated that these limits would be retroactively applied to products on retailer's shelves on the dates indicated. 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 Canada Consumer Product Safety Act. Congress enacted the CPSIA (Pub. This page was last edited on 12 August 2020, at 22:56. 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. We have posted valuable business guidance in our Business Education /CPSIA section. Are you looking for CPSIA business guidance? Increases civil penalties for failure to report possible product hazards to the CPSC in a timely manner from $5,000 per violation (with a cap of $1,825,000) to $100,000 per violation (with a cap of $15 million). [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. Consumer Product Safety Improvement Act of 2008 Approved by Congress and Signed by President. c. Legal but unethical. 3473, sponsored by Representative Henry Waxman), was incorporated into this act. 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. [22], In early 2009, local media reported that children's clothes, books, toys, and other items were being removed from shelves at local stores - and in some of these cases even to the point of causing the entire store to close - in Wichita, Kansas,[23] Ionia, Michigan,[24] Conway, Arkansas,[25] Goldsboro, North Carolina,[26] Lincoln, Nebraska,[27] New York City, New York (NYC),[28] Rochester, New York,[29] Marshall, Minnesota,[30] Kailua, Hawaii,[31] New Port Richey, Florida,[32] and Tucson, Arizona. The link you selected is for a destination outside of the Federal Government. [citation needed] In response to this criticism, the CPSC added Rule 1109, known as the "Component Part Testing Rule", that allows U.S. importers to rely on suppliers to meet testing requirements, so long as “due care” is used to make sure that the supplier has in fact complied with requirements. Those who believe they suffered unlawful retaliation for raising such concerns have 180 days to file a written complaint with OSHA seeking statutory remedies. In December 2009, this stay of enforcement was further extended until February 10, 2011. They must be available to the CPSC during any inspection. List the contact information of the records keeper. The regulation states that the product will become a “substantial product hazard” if it fails to comply with “applicable consumer product safety … You may wish to review the privacy policy of the external site as its information collection practices may differ from ours. Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger. b. Consumer Product Safety Improvement Act (CPSIA) Standard Operating Procedures There is a commitment to ensure all products made available to the consumer are safe for their intended use, and comply with all applicable standards, and regulation. [15] Even if they can, there are not enough testing facilities to handle the volume in time to meet the schedules. This will result in a negative change in valuation and a sharp reduction or termination of available credit. The legislative bill was known as HR 4040, sponsored by Congressman Bobby Rush (D-Ill.). January 23, 2009 To Our Customers: In response to inquiries about our product compliance with the recently enacted CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008, our products have gone through the independent testing required with Bureau Veritas. 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. SHORT TITLE; TABLE OF CONTENTS. On 2008-08-14, the Consumer Product Safety Improvement Act of 2008 became effective. Larger manufacturers are faced with problems stemming from their leverage, from aspects of Sarbanes-Oxley legislation, from their visibility, and from the logistics of managing the testing of large varieties of products. [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. 110-314. These GCC’s apply to products subject to a consumer product safety rule or any similar CPSC rule, ban, standard or regulation enforced by the Commission. The law: Manufacturers, both large and small, have protested the extremely short timelines, the failure to take into account manufacturing processes, and the failure to take into account the breadth of the impact. In both cases, the CPSC cited a need to implement further rulemaking and to give manufacturers more time to comply. 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. [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. (a) The Consumer Product Safety Improvement Act provides for specific lead limits in children's products. CPSC has and is continuing to implement regulations based on CPSIA. A schedule for testing is found in Section 102(a)(3)(B) and shows: The third party testing requirement for lead content was originally set by the CPSIA at 600 ppm, but dropped to 300 ppm in August, 2009. The Consumer Product Safety Improvement Act (CPSIA) of 2008 is a United States law signed on August 14, 2008 by President George W. Bush. In GovTrack.us, a database of bills in the U.S. Congress. 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. A previous, less sweeping bill, the Lead-Free Toys Act (H.R. Since the Consumer Product Safety Improvement Act of 2008 became law in August 2008, Bayer reviewed the requirements of the legislation to ensure full compliance. Product Safety. Comprehensive CPSIA compliance, certification and testing solutions that enable you to meet, maintain and evolve the quality, safety and performance standards of your regulated products. 2064(a), as well as, 16 C.F.R. In his closing paragraph, Olson writes "... ours will be a poorer world...". 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 Testing all of the final products generally provides no more information than would testing the individual inputs (or "components"), but is vastly more expensive. The first deadline came up in September, and several major deadlines came up in February 2009. 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. The law has a provision for exceptions to be made by the CPSC, but it has not done so for these products as of March 2009. Illegal and unethical. [5] This requirement was imposed on every product manufactured on or after November 12, 2008. 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. Manufacturers point out that many of the products to be impacted are already making their way through the supply chain. 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). Consumer Product Safety Improvement Act of 2008 (CPSIA) Public Law 110–314, August 14, 2008 On August 14, 2008, the President signed into … Aug 14, 2008. §2087 §2087. CPSC does not control this external site or its privacy policy and cannot attest to the accuracy of the information it contains. Substantial product hazard is defined in Sec. For public companies, it raises the issue of whether those officers are making false representations, introducing the specter of criminal liability under Sarbanes-Oxley. Section 101(a) of the CPSIA provides that by February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Section 104(b) of the CPSIA requires CPSC to: (1) Examine and assess the effectiveness of voluntary consumer product safety standards for durable infant or toddler products, in consultation with representatives of consumer groups, juvenile product manufacturers, and independent child product engineers and experts; and (2) promulgate consumer pro… The law defines a "children's product" as a consumer product designed or intended primarily for children 12 years of age or younger. 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 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. 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. To establish consumer product safety standards and other safety requirements for children's products and to reauthorize and modernize the Consumer Product Safety Commission. [2], The law increases the CPSC budget authorization from $80 million in 2008 to $136 million in 2014. However, these lead content testing requirements were stayed by the CPSC in January 2009 until February 10, 2010. related. List the date and place of manufacture and date and place of testing. 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