Toy Safety in the United States

The U.S. Consumer Product Safety Improvements Act CPSIA (H.R. 4040) had strong bipartisan support and was passed by a vote of 424-1 in the House of Representatives and 89-3 in the Senate. The bill was signed by President Bush on Aug. 14, 2008.

As a member of the National Association of Manufacturers (NAM) CPSC Coalition, IAAPA worked to balance the safety improvements for consumer products in the United States with burdens placed on members of the attractions industry in this legislation.

Regardless, the CPSIA will affect a broad range of IAAPA members, from FECs and other facilities in the U.S. to manufacturers and distributors both in the U.S. and abroad.

New U.S. Regulations

Lower Lead Levels
By Feb. 10, 2009, items designed or intended primarily for children age 12 and younger may not contain more than 600 parts per million (ppm) of lead. Certain electronic devices are exempted from the ban. Maximum lead content levels decrease over the next two years. CPSC has released this statement of enforcement policy on lead limits.

Third-Party Testing
The legislation imposes an additional third-party testing requirement for all products primarily intended for kids 12 and younger. Every manufacturer (including an importer) or private labeler must have its product tested by an accredited independent lab and, based on the testing, issue a certificate that the product meets all applicable CPSC requirements.
Certificates must include info on the identity of the product’s manufacturer/private labeler, the testing lab, and the date and place of manufacturing and testing of the product. Products without the certificate cannot be imported or distributed in the United States.
Testing and certification for “small parts” is effective Feb. 15, 2009. Lead content testing and certification will go into effect in February, 2010.

Phthalates
As of Feb. 10, 2009, it will be illegal to manufacture, sell, distribute, or import into the United States any children’s toy that contains concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP).
There’s also an “interim prohibition,” beginning Feb. 10, 2009, on any toy that can be placed in a child’s mouth that contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP).
A federal court in New York overturned the CPSC General Counsel’s opinion on phthalates in children’s products and ruled that the CPSIA effective date of February 10, 2009 applies to all children’s products, including existing inventory. CPSC has indicated they will not appeal this decision and will begin enforcing the phthalate provisions on February 10.

What's New?

CPSC Announces New Standard Operating Procedure for Determining Phthalates.
The CPSC has released a revised standard operating procedure for determination of phthalates. This replaces the earlier procedures released in February 2009.

CPSIA Resources

Here are some quick hits to help you navigate CPSIA compliance