CPSC Issues Guidance on the CPSIA for Small Businesses, Resellers, Crafters and Charities
In an effort to address some of the questions posed by small businesses and other entities, the Consumer Product Safety Commission (CPSC) has just released a document titled Guidance on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters, and Charities (Guidance). Importantly, the Guidance does not exempt these entities from having to comply with the requirements under the CPSIA. Instead, it provides the following CPSIA information for these businesses:
“Manufacturers” and Importers of Children’s Products
According to the Guidance, the CPSIA covers all manufacturers, or “anyone who makes, produces or assembles a product,” and importers. Thus, handmade toy and apparel makers, such as persons who knit hats or make beaded necklaces, crafters, those making charitable donations, and other small businesses are subject to the CPSIA and must ensure that their products conform to the requirements, including the new limits on lead content and phthalates.
Manufacturers and importers must take appropriate steps to ensure that they meet both the current requirements under the CPSIA, such as the 600 parts per million (ppm) total lead content limit for children’s products, and the future requirements. The Guidance recommends that manufacturers develop a quality assurance program to ensure that products meet all applicable safety standards. For example, screening raw materials and sub-components could increase the likelihood that final products would comply with the standards when subsequently tested by a CPSC-accredited third-party testing laboratory. CPSC staff recommends the use of an X-ray Fluorescence (XRF) machine by a trained, qualified person to determine if a component has lead. XRF analysis, however, is not permitted for those children’s products that must be tested using a CPSC-accredited third party laboratory.
Retailers and Resellers of Children’s Products, including Thrift Stores, Consignment Shops, and Charities
While retailers and resellers, including thrift stores, consignment shops, charities, and those who sell on auction Web sites, are not required to test their products, they cannot knowingly sell children’s products that do not comply with the CPSIA or other applicable CPSC acts or regulations. Prior to offering for sale a children’s item, these businesses should check www.cpsc.gov for a list of children’s products that have been recalled.
In addition, any reseller decisions regarding whether a particular children’s product complies with the CPSIA requirements for lead, phthalates and small parts should be based upon testing, information from the manufacturer, or best judgment from knowledge of the product. Suspect children’s products with a high resale value could be screened quickly for lead by a qualified, trained individual with an XRF machine. Commercially sold lead-testing kits, however, are not recommended because of their ability to provide inaccurate results. As opposed to lead, there is no reliable screening device to detect the presence of phthalates. As a result, retailers and resellers should not sell or accept products such as very soft vinyl or plastic toys (excluding latex or silicone), or other children’s products where the plastic is soft enough to enable an infant to grasp it more readily, unless they know such products do not contain phthalates.
Finally, the Guidance provides the following guide for retailers and resellers for commonly resold children’s products and materials:
Recalled Products |
Illegal to sell ANY recalled product (for adults as well as children). Before taking into inventory or selling a product, check the CPSC Web site for dangerous recalled products including cribs, play yards, strollers, high chairs, toys with magnets, toys that are choking hazards, and other products. |
Books – “ordinary” children’s titles e.g. paperbacks and hardbacks |
OK to sell, if printed after 1985 |
Cheap children’s metal jewelry |
Best to test, contact the manufacturer, or not sell |
Unpainted/untreated wood toys |
OK to sell |
Painted wooden or metal toys |
Best to test, contact the manufacturer, or not sell |
Toys with soft plastic that are made for infants |
Should be OK to sell if made for sale after February 10, 2009. If older (or if the date of manufacture is unknown) check with manufacturer or do not sell |
Dyed or undyed children’s clothing made from natural, untreated cotton, silk, wool, hemp, flax, linen, and other untreated natural materials including coral, amber, feathers, fur and leather |
OK to sell |
Clothes with rhinestones, metal or vinyl snaps, zippers, closures or appliqués. |
Best to test, contact the manufacturer, or not sell |
Surgical steel; precious metals such as gold (at least 10 karat) and sterling silver (at least 925/1000); precious and semiprecious gemstones (excluding a list of stones that are associated in nature with lead); natural or cultured pearls |
OK to sell |
Toys that are easily breakable into small parts including dolls and stuffed toys that have eyes, noses or other small parts that are not securely fastened |
Best not to sell (for children under age 3); could present a choking hazard |
Related document:
Please contact any of the individuals below if you have questions regarding the Guidance on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities.
Georgia Ravitz
ravitz.georgia@arentfox.com
202.857.8939
James R. Ravitz
ravitz.james@arentfox.com
202.857.8903
Scott A. Cohn
cohn.scott@arentfox.com
212.484.3984
Robert G. Edwards
edwards.robert@arentfox.com
202.857.6346
Amy S. Colvin
colvin.amy@arentfox.com
202.857.6338