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The CPSC has issued a proposal that would allow the use of component testing to demonstrate, in whole or in part, that a children’s product is in compliance with all applicable rules, bans, standards and regulations to support a certificate for a children’s product. Testing could be carried out by either the final manufacturer of the children’s product, OR the manufacturer of the component item. SGIA reiterated its support of the CPSC’s proposal to incorporate and allow certification of consumer products based in whole or in part on the testing of component parts. However, SGIA further stated that “The ability to utilize component testing is critical to allow small manufacturers to comply with this testing requirement. While we can agree that for certain component products, such as zippers, buttons, fasteners, and the current proposal sufficiently addresses the issues, however, for liquid based components, such as inks used to create children’s products, the proposal creates additional burdens.”
If finalized, component testing could also be incorporated into a manufacturer’s reasonable testing program. Component part testing will need to meet the following requirements:
- The testing of the component part is a sufficient method to assess compliance with applicable standards, bans, regulations, etc.
- The component part tested is identical to the part used in the finished product.
- The component part is tested with the correct test method and sampling protocol.
- As long as the component parts are traceable, then certifiers can rely on the testing conducted by another testing party.
Documentation is required, unless the company requesting the tests is the final product certifier. Documentation includes the identity of the part tested; lot or batch number for the part tested; identification of all applicable rules, bans, standards and regulations for which each part was tested; identification of the testing methods and sampling protocols used; date or date range of testing; results of each test; and verification that all testing completed is in compliance with Section 14 of the CPSIA and Part 1107 of the CPSC regulations.
The CPSC has proposed specific regulations for component part testing for paint and other surface coatings. SGIA, in the comment submitted to the CPSC, stated "Section 1109.11, Component part testing for paint and other surface coatings, references the part 1303. Part 1301 specifically states that inks are not considered surface coatings. Further, Part 1303 does indicate that if a surface coating is scrapable then, the requirements of Part 1303 apply. While we have been unable to substantiate, we believe that current CPSC policy defines the differences between scrapable and unscrapable coatings. And, that inks are included in this broad category of coatings. We agree that that the CPSIA does impact the use of inks on children’s products, however, the treatment of ink systems under the current set of regulations and policies is confusing to those that both provide and use ink systems as a component of a children’s product. SGIA reemphasizes the point that ink systems and surface coatings or paints are very different product lines manufactured by very different business sectors. If the CPSC intends for the regulations to apply to the universe of ink systems, then the regulations need to clearly state that applicability."
The second proposal offered requirements for a reasonable testing program and for compliance and continued testing for children’s products. The CPSIA states, in Section 14(d)92)(B), that the Commission is required to establish protocols and standards for the ensuring that a children’s product that is tested for compliance with a product safety rule, such as the lead content standard, is periodically tested and re-tested when there has been a material change.
The CPSC released its proposal for a reasonable testing program for NONCHILDREN’S PRODUCTS (emphasis added.) Manufacturers of children’s products may voluntarily elect to adopt the elements of a reasonable testing program.
In its proposal, the Commission released elements that would constitute a program for Certification of a Children’s Product. Elements include initial testing, periodic testing, random samples, requirements when a material change occurs, remedial actions, as well as training requirements for undue influence. All must be documented.
It is proposed that manufacturers that produced or imported items less than 10,000 units be exempt from periodic testing. It is unclear at this point if this is by product or an overall facility production figure. SGIA commented on this proposal requesting clarification of this element.
It is unclear as to when these proposals will be issued as final rules. It is important to note that these rulemakings will be critical to a facility’s implementation of a final testing and certification program that will be required by Feb. 10, 2011. This rulemaking will shape the programs that will be required by final customer base.
For a complete copy of SGIA ‘s comments on these two critical rulemakings, contact Marci Kinter.
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SGIA Resources for CPSIA Compliance
To understand the implications of this important legislation, SGIA has the following resources available to you:
CPSIA Fact Sheet – A quick overview of the new law
CPSIA: Are you in Compliance?
CPSIA Update Webinar - July, 2009 
Consumer Product Safety Information Act Webinar - February 09, 2009
Consumer Product Safety Information Act of 2008
SGIA Blog
Your feedback about the new CPSIA legislation can help the greater specialty imaging community — post your comments on SGIA’s community Blog and share your experiences as you work to comply with the new rules.
Join SGIA’s listserv on this important topic and receive timely updates! Send an email to govt@sgia.org.
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