2015 Footwear Forum - Boston The CPSC - Overview and...

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The CPSC - Overview and Update

September 15, 2015

Ben [email protected]

2015 Footwear Forum - Boston

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The CPSC Overview and Update

9/17/15 CPSIA Overview Slide 2

CPSC1

What’s Next2

Electronic Filing - Certificates3

Summary4

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What the Consumer Product Safety Commission?


“To establish consumer product safety standards and other safety standards for children’s product, and to re-authorize as well as modernize the Consumer Product

Safety Commission.”

1. Protect the public against unreasonable risk of injury associated with consumer products

2. To assist consumers in evaluating the comparative safety of consumer products3. To develop uniform safety standards for consumer products and to minimize conflicting

state and local regulations4. To promote research and investigation into causes and prevention of product related

deaths illness and injuries.www.cpsc.gov

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Acts / Regulations Overseen by the CPSC


§ Children’s Gasoline Burn Prevention Act

§ Child Safety Protection Act

§ Consumer Product Safety Act

§ Consumer Product Safety Improvement Act§ Federal Hazardous Substances Act

§ Flammable Fabrics Act

§ Poison Prevention Packaging Act

§ Refrigerator Safety Act

§ Virginia Graeme Baker Pool and Spa Safety Act

Compliance is required in order to:• Avoid recalls due to substantial product hazards• Avoid civil penalties for failing to comply with a mandatory standard

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Recent CPSC Regulations - Timeline

ASTM F963-11 replaces ASTM F963-08

Portable Bed Rails16 CFR 1224

Third Party Testing for Lead in Children’s Metal and Non-Metal Products, Phthalates and ASTM F963

Total Lead Content in Substrate reduced to 100ppm

Aug 14, 2011

Component Part Testing Rule16 CFR 1109

Dec 8, 2011

Third Party Testing for All-Terrain Vehicles16 CFR 1420

Dec 27, 2011

Drawstrings on Children’s Upper Outerwear ASTM F1816-97

Aug 18, 2011

Infant Walkers and Swings16 CFR 1216 and 1223

(effective Oct 7, 2013)

Periodic Testing for Children’s Products16 CFR 1107

Feb 8, 2013

Consumer Registration for Durable Infant or Toddler Products Amended16 CFR 1130

Feb 18, 2013

Play Yards16 CFR 1221

Feb 28, 2013

ASTM F1169-11 replaces ASTM F1169-10 for Full-Size Cribs

ASTM F1967-11a replaces ASTM F1967-08a for Infant Bath Seats

Bassinets and Cradles 16 CFR 1112 and 1218

(effective Apr 23, 2014)

Revised safety standard of Play Yards16 CFR 1221

(effective Feb 19, 2014)

Aug 2011 Apr 2014

Slide 5

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Key Definitions

§ A “consumer product” is defined as any article, or component part thereof, produced or distributed: § For sale to a consumer for use in or around a permanent or temporary household or

residence, a school, in recreation, or otherwise.§ For the personal use, consumption or enjoyment of a consumer, in or around a permanent

or temporary household or residence, a school, in recreation, or otherwise.

Exemptions include:§ Tobacco and tobacco products§ Motor vehicles or motor vehicle equipments§ Pesticides§ Firearms and ammunition§ Aircraft, aircraft propellers, aircraft appliances§ Boats, vessels, and appurtenances to vessels§ Drugs, devices, or cosmetics, and food

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§ A “children’s product” is defined as a consumer product primarily designed or intended for children 12 years of age or younger. Factors to consider include:§ Manufacturer’s statement about the intended use of the product§ Representation in packaging, display, promotion, and advertising§ How the product is commonly recognized by the consumers§ CPSC age determination guidelines

§ A “children’s toy” is defined as a consumer product designed or intended by the manufacturer for a child 12 years of age or younger, for use by the child when the child plays.

Key Definitions

Slide 7

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§ A “child care article” is defined as a consumer product designed or intended by the manufacturer to facilitate sleep or feeding of children aged 3 and younger, or to help such children with sucking or teething.

§ “General Use Products” are consumer products that are not designed or intended primarily for use by children 12 years of age or younger. Some products may be designed or intended for use by consumers of all ages, including children 12 years old or younger. Such products would be considered "general use products“.

Key Definitions

Slide 8

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What the Consumer Product Safety Commission is up to


1. Phthalates – Updates

2. Burden Reduction – Third Parting Testing

3. Electronic Filing of CertificatesA. There have three public webinarsB. Last of three was scheduled on April 9C. On August 21 A Notice by the CPSC “Electronic Filing of

Targeting/Enforcement Data: Announcement of PGA Message Set Test and Request for Participants”

D. Comment period ends on October 5E. If you wish to participate notify the CPSC by Oct 5

https://www.federalregister.gov/articles/2015/08/21/2015-20707/electronic-filing-of-targetingenforcement-data-announcement-of-pga-message-set-test-and-request-for

CPSC - Current Initiatives

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CPSC



What’s Next

1

2

Electronic Filing - Certificates3

Summary4

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What’s Next - Phthalates

Proposed Rule:After assessing CHAP report, on 30th Dec 2014 CPSC has published proposed rule - "16 CFR 1307 - Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates” for public comment -Below table demonstrate comparison between current and proposed ban on Phthalate:

Existing Ban Proposed Ban

Phthalate Scope Phthalate Scope

Permanent BanDEHPDBPBBP

children's toys, and any child care article

Permanent Ban

DEHPDBPBBP

any children's toy or child care article

Interim Ban

DINP DIDP DnOP

any children's toy that can be placed in a child's mouth, and any child care article

DINPDIBPDPENPDHEXPDCHP

Slide 11

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What’s Next - Phthalates


CurrentlyØ Permanently banned 3 phthalates: DEHP, DBP, and BBPØ Interim Ban on 3 phthalates: DINP, DIDP, and DNOP

“in any amount greater than 0.1 percent (computed for each phthalate individually) in: (1) children's toys, and (2) any child care article that is designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help children age 3 and younger with sucking or teething”

Proposed Ø the proposed phthalate ban covers DIBP, DPENP DHEXP, and DCHP, while

leaving in place the CPSC’s original ban of DEHP, DBP, and BBP.

Proposed Rule - Phthalates

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What’s Next - Flame Retardants

The federal House of Representatives is considering a bill to establish the “Decrease Unsafe Toxins Act”

The bill – H.R. 2934 – would amend CPSIA to prohibit flame retardant chemicals in children’s cushioned products containing resilient filling materials, such as high chairs, strollers, infant walkers and booster seats.

If enacted, children’s cushioned products manufactured on or after 1 year after the enactment date of this Act that contains more than 1000 parts per million (ppm) flame retardant chemical by weight in the filling material would be banned.

The bill defines “flame retardant chemicals” to mean organohalogen or organophosphorous compounds, such as PBDEs.

Slide 13

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Reduction of Third Party Testing Burden


Staff ReportTo the Committees on Appropriations of the House andSenate on the Status of CPSC Efforts to Provide Third

Party Testing Cost Relief While Still AssuringCompliance

March 17, 2015

“Within the amount provided, $1,000,000 is for test burden reduction. Resolution isexpected on the question of whether the CPSC, within its authority and withoutmaterially impacting its core safety work, can provide meaningful third-party testing costrelief while still assuring compliance. “

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CPSC Activities Prior to 2015

1. The Commission, in 2009, determined the 10 product categories that would never violate our lead content rules,

2. Component Part Testing: The Commission published a rule permitting finished product certifiers to rely on component part testing, or voluntary certification of component parts by another party, to meet the requirements of third party testing and certification

3. Retesting Not Required for Minor Changes in ASTM Standards: 4. Use of ASTM F963 Screening Test to Assess Heavy Metals Content: CPSC staff allowed the ASTM

screening test for heavy metal content as an option for testing, in place of the solubility test.5. Expanded Use of XRF Technology: CPSC staff increased significantly the number of materials for

which x-ray fluorescence (XRF) technology, a simpler, quicker, and less expensive test than the wet chemistry test, could be used for determining lead content.

6. Expanded Education Outreach Regarding Third Party Testing: CPSC staff, in particular the Small Business Ombudsman, conducted a series of seminars and webinars on implementing third party testing requirements, providing significant advice on reduced cost approaches.

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CPSC Activities Prior to 2015

1. Random Sample Test Requirement Changed to Representative Sample: Before passage of P.L. 112-28, the CPSIA directed the CPSC to require samples selected for periodic testing to be chosen using random sampling techniques. Some companies found using random sampling techniques to be excessively burdensome.

2. Small Batch Manufacturers Not Required to Conduct Some Third Party Tests: P.L. 112-28 gives the Commission the flexibility to exempt small batch manufacturers from third party tests for certain covered products.

3. Only Accessible Component Parts Required to Be Tested for Phthalates: P.L. 112-28 limited third party testing for phthalates to plastic parts accessible to a child through normal or reasonably foreseeable use and abuse.

4. Functional Purpose Exemption Established: P.L. 112-28 established a protocol by which petitioners may request a functional purpose exception for a product, class of product, material, or component part because meeting the 100 ppm lead content limit is not practicable or not technologically feasible.

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CPSC Activities New for 2015The $1 million allocation for third party testing burden reduction consistent with assuringcompliance has been apportioned as follows:

Activities related to Component Part Testing $ 32,000 Clarification of Current RuleUpdate- Heavy Metals in Toys

Activities in support of Determinations $ 100,000 Can any substrate be exempted from testing for any 1 of the eight elementsExpansion- Heavy Metals in Toys

Additional work on Determination Expansion $ 154,000 Can testing of plastics be modified or eliminated?Phthalates

Research and Development effort for FTIR Study $ 532,000 Fourier Transform Infared SpectroscopyExpansion- Phthalates Testing

Work in support of Determinations Expansion- $ 150,000 Additional substrates to exemptLead

Work in support of Determinations Clarification- $ 32,000 AAFA DrivenTextiles dyes/printsSupporting work on Equivalency Toy Standards $ - (ASTM F963, EN 71, ISO 8124)

$ 1,000,000

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Electronic Filing - Certificates

1

What’s Next2

CPSC

3

Summary 4

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E-Filing Certificates


Expedite Clearance

1. Identify high risk cargo for inspection2. Conduct post-importation enforcement3. Generate reports to assist with:

A. Risk assessmentB. Setting agency priorities and goals

Why E-File?

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Data Analysis and Sharing

1. ABI – Automated Broker Interface2. Web-based application – upload certificate3. Processing by HTS code (30 tentatively identified) –

determines certificate requirements4. HTS “mapping” will be one of key purposes of Alpha Project5. ACE (CBP)– Automated Commercial Environment – CBP, data

evaluation6. RAM (CPSC) – Risk Assessment Methodology, analyzes data –

to identify high risk7. Increased Cooperation and data sharing between agencies

Why E-File?

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A certification that a consumer product or other substance regulated by the Commission:

Has been tested:

1. Non-children’s products – a test of each product or a reasonable testing program2. Children’s products – testing conducted by a third party conformity assessment

body (laboratory)3. Complies with all applicable safety rules, bans, standards, and regulations.

What is a certificate

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General Conformity Certificate:

- Non-children’s products only- Based on a test of each productor a reasonable testingprogram (14(a)(1) of theCPSA)- Must comply with 16 C.F.R.part 1110.

GCCChildren’s Product Certificate:

Products intended primarilyfor children 12 years of ageand younger- Based on testing conducted bya CPSC-accepted third partylaboratory (14(a)(2) of theCPSA)- Requires periodic and materialchange testing- Must comply with 16 C.F.R.part 1110

CPC

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A two-pronged approach to electronic data collection ofimporter certificate data

Full Certificate PGA Message Set orReference Certificate PGA Message Set with CPSC Certificate Registry7 data elements are required by regulations and the Alpha Pilot has 10.

A way to test implementation of e-filing in proposed 1110 ruleElectronic submission of certificates at entryUsing data elements from proposed 1110.11.

CPSC Looking for 10 volunteers - Importers or Brokers

“ALPHA” Pilot

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Full Certificate PGA Message SetA way to file product certificates at time of entry filingFull set of certificate data filed via the PGA Message Set with each entry line

Reference Certificate PGA Message SetA way to pre-file a product certificate in the CPSC Certificate Registry in advance of entry filing

Limits (but does not eliminate) the amount of data required to be filed via the PGA Message Set with each entry line

Two pronged Approach

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Test the certificate data e-filing concept for Regulated ProductsFull Certificate PGA Message SetReference Certificate PGA Message Set (with CPSC Certificate Registry)

Identify and analyze the impact on industry, the government, and consumersAdvancing the “single” window environmentImpact on identification of non-compliant trade

Goals of the ALPHA Project (Projected live date of January 2016)

Next Steps

Project Preparation Jan-Apr 2015Recruit volunteers for the Pilot Apr-Jun 2015Develop technical requirements for Alpha pilot May-Dec 2015

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Electronic Filing - Certificates



Summary

1

What’s Next2

CPSC

3

4

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Summary - “Other”


1. California - Department of Toxic Substances Control (DTSC)A. Final Work Plan for 2015 expected in Mid-April B. If and when DTSC decides to look at clothing, AAFA will help DTSC identify those chemicals that

have already been phased out or are in the process of being phased out of the manufacturing process.

2. California - OEHHA’s Public Hearing on California Prop 65 Warning Label Reform ProposalA. The business community disputes OEHHA’s assertion that the proposed regulatory changes to

Prop 65 warning labels will have no significant financial impact on California businesses. Calls for an economic analysis.

B. $500-900 million in the first year alone.

3. New York – Albany County and Others ; “TOXIC FREE TOYS ACT” (Heavy Metals) – ON Hold!A. Applies to children’s productsB. Not yet in effect, the Albany County Department of Law to create rules and regulations which will go

into effect one year from the law’s filing

4. TSCA Reform – First passed in 1976

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Summary – More on TSCA Reform


A. Senate - S.697

1. Pass by Committee on April 28, 20152. Still not passed by full senate

A. House of Representatives - HB. 2576, The TSCA Modernization Act - Passed by full House on June 23, 2015

B. TSCA Reform (high level summary)

1. Either EPA or a manufacturer (who is willing to pay the cost) may request a chemical for risk evaluation which must stand up to rigorous scientific standards

2. If unreasonable risk is determined, the EPA must immediately draft a rule to manage the risk and set deadlines to take action; must be completed within 3 years

3. User Fees - paid to EPA for specific purposes are used just for those purposes4. Provides for limited preemption of state law

a. When the EPA makes its final decision , the EPA action would apply in all statesb. Prior state laws that do not conflict with TSCA, and private rights of action under tort or

contract law, are preservedc. “Probably” will not preempt Ca. Prop 65.

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Summary


1. Testing2. Enforcement3. Data Driven and Strategic Processing and Analysis

The CPSC is moving to next level of CPSIA Implementation

Next Steps

1. Feedback to CPSC2. Project Participation3. “Partnership” with CPSC

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