U.S. Regulations
Lower Lead Levels
As of August 14, 2009, items designed or intended primarily for children age 12 and younger may not contain more than 300 parts per million (ppm) of lead. Certain electronic devices are exempted from the ban. In August, 2011 lead levels decrease to 100 ppm, if technically feasible. 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” became effective Feb. 15, 2009. Lead content testing and certification went into effect in February, 2010.
Phthalates
As of Feb. 10, 2009, it is 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 a prohibition, which began 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 indicated they will not appeal this decision and will began enforcing the phthalate provisions on February 10, 2009.
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What's New?
- CPSC Open Comment Periods (August 17, 2010). We invite IAAPA members to review the following proposal and send their comments to safety@iaapa.org for inclusion in an industry comment:
- Read IAAPA's comment on the CPSIA public database proposal (July 23, 2010). The CPSIA requires the Commission to establish and maintain a product safety database that is available to the public. Earlier this summer, the CPSC requested comments on a proposed rule establishing the framework for the database. IAAPA submitted comments on behalf of the attractions industry.
CPSIA Resources
Here are some quick hits to help you navigate CPSIA compliance
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