Focus on Games, Puzzles and Toys
Anne Lardner-Stone, PPAI / Public Affairs Director
Susan DeRagon, UL-STR / PPAI Product Safety Consultant
Haley Will, UL-STR / PPAI Product Safety Consultant
This information is being furnished by PPAI for educational
and informational purposes only. The Association makes no
warranties or representations about specific dates,
coverage or application. Consult with appropriate legal
counsel about the specific application of the law to your
business and products.
Regulations include
Consumer Product Safety Improvement Act (CPSIA)
Federal Hazardous Substances Act (FHSA)
Consumer Product Safety Act (CPSA)
ASTM F963
US State Legislation
Consumer Product Safety Improvement Act (CPSIA)
•
•
•
•
•
•
Signed on August 14, 2008
Result of 2007 “Year of the Recall”
Comprehensive overhaul of consumer product safety rules
Added significant new requirements for children’s products
Requires certification of product compliance
Enhanced CPSC authority / reform
Definitions
Consumer Product – any article, or component part thereof,
produced or distributed (i) for sale to a consumer for use in or
around a permanent or temporary household or residence, a
school, in recreation, or otherwise, or (ii) 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
Children’s Product – a consumer product designed or intended
primarily for use by children 12 years of age or younger
Children’s Toy - 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 CPSIA Requirements
• Section 101 – Children’s Products Containing Lead; Lead Paint
Rule
• Section 102 – Mandatory Third Party Testing for Certification of
Certain Children’s Products; General Conformity Certificate
• Section 103 – Tracking Labels for Children’s Products
• Section 106 – Mandatory Toy Safety Standards
• Section 108 – Prohibition on Sale of Certain Products Containing
Specified Phthalates
Lead Containing Paint/Surface Coating
Applies to (i) paint and other similar surface coatings; (ii) toys and
other articles intended for use by children; and (iii) certain
furniture articles
Paint and other similar surface coating defined as a liquid or semiliquid product that change to a solid film when you apply a thin
coating to wood, stone, metal, cloth, plastic or a similar surface
Allowable limit of 90 ppm
Composite and component testing are allowed
HD XRF or wet chemistry test methods are acceptable
Example: paint on die
Lead Content
Applies to all accessible component parts of children’s products
(including games, puzzles and toys)
Allowable limit of 100 ppm
Composite and component testing are allowed
Example: white plastic of die
Mandatory Third Party Testing and Certification
As of January 1, 2012, third party testing is required on essentially
all children’s products for all tests
List of CPSC recognized accredited third party labs can be found at
www.cpsc.gov.
ASTM F963-11, Toy Safety Standard
Applies to all toys designed for use by children under 14 years of
age
Comprehensive toy safety standard that addresses numerous
hazards that have been identified with toys
Includes heavy metal requirements for substrates and surface
coatings
ASTM F963-11, Toy Safety Standard
To access the toy safety standard, visit www.astm.org
You can view a brief description of the toy safety standard, a table of
contents of the standard's sections, and a list of products that are
not covered by the toy safety standard
Phthalates
Chemical plasticizers often used in the production of many types of
plastic to make plastics softer and/or more pliable
Applies to accessible components of toys and child care articles
Permanent Ban: DEHP, DBP, BBP is any amount greater than 0.1 %
Interim Ban: DINP, DIDP, DnOP in any amount greater than 0.1 %
Interim banned phthalates limits apply to children’s toys that can be
placed in a child’s mouth whereas the permanent ban applies to
any children’s toy
Composite / component testing is allowed
Tracking Labels
Children's products that are designed or intended primarily for use by
children 12 years of age or younger must have distinguishing
permanent marks that are affixed to the product and its packaging
A tracking label must contain certain basic information, including:
• the name of the manufacturer or private labeler;
• the location and date of production of the product; and
• detailed information on the manufacturing process, such as a batch or run
number, or other identifying characteristics
Tracking Labels
U.S. manufacturer or importer is responsible for tracking label
Two tracking labels may be required in some cases
•
Tracking label for the product
•
Tracking label for the imprint applied
PPAI Tracking Label System
http://productsafety.ppai.org/
Tracking Labels
Considerations for games and puzzles
Only major component and packaging needs to be marked
Examples:
Mark the game box and the game board, not all components of the
game need to be marked
Mark the puzzle box, not all puzzle pieces need to be marked
Federal Hazardous Substances Act (FHSA)
Code of Federal Regulations (CFR)
-
Use and abuse testing for children’s products
-
Flammability requirements for children’s products
Bans certain products that are dangerous or hazardous
Requires labeling of hazardous substances that alerts consumers of the
potential hazard
Federal Hazardous Substances Act, 16 C.F.R. Part 1500 at
http://www.cpsc.gov
US State Legislation
Illinois Lead Poisoning Prevention Act
A warning statement is required for the following:
Toys containing paint if lead content in their surface coatings is >40
ppm and < or = 90 ppm
Children's Jewelry if lead content in their surface coatings is >40 ppm
and < or = 90 ppm or in their substrates is >40 ppm and < or = 100
ppm;
Child Care Articles if lead content in their surface coatings is >40 ppm
and < or = 90 ppm or in their substrates is >40 ppm but < or = 100
ppm;
Other Lead Bearing Substances (including Adult items) if lead content
in their surface coatings or substrates is >600 ppm.
Illinois Lead Poisoning Prevention Act
The warning statement must appear on the product itself or the
product’s immediate container and must include the following
wording:
“WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN
OR CHEWED. MAY GENERATE DUST CONTAINING LEAD”
NERC Toxins in Packaging
Developed in 1989 to reduce the amount of four heavy metals in
packaging components distributed in the United States
As of July 2004, legislation had been adopted by nineteen states
CA, CT, FL, GA, IL, IA, ME, MD, MN, MS, NH, NJ, NY, PA, RI, VT, VA, WA, WI
The sum of the concentrated levels of incidentally added Lead,
Mercury, Cadmium and Hexavalent Chromium present in any
packaging component cannot exceed 100 ppm
NERC Toxins in Packaging
What are packaging materials?
• Master shipping cartons
• Individual product packaging (gift box, plastic bag, header card,
blister pack etc.)
• Components used on shipping cartons (glue, tape, inks, staples,
stickers etc.)
NERC Toxins in Packaging
Who is responsible?
• Manufacturers of packaging and packaging components
• Suppliers of packaging and packaging components
• Product manufacturers or distributors who use packaging
Washington Children’s Safe Products Act
List of 66 Chemicals currently
DOE is evaluating tris(1,3-dichloro-2-propyl)phosphate (TDCPP)
Company must report to DOE if:
Any of the chemicals is intentionally added and serves an intended
function and is higher than PQL
Any of the chemicals are present as a contaminant > 100 ppm
Reporting started August 31, 2012!
Manufacturer Product Product Product Product
categories
Tier 1
Tier 2
Tier 3
Tier 4
Largest
8/31/12
2/28/13
8/31/13 case-bycase
Tier
Product Type
Larger
2/28/13
8/31/13
8/31/14 case-bycase
1
products intended to be put in
mouth or applied to a child’s body
Medium
8/31/13
8/31/14
8/31/15 case-bycase
2
Small
8/31/14
8/31/15
8/31/16 case-bycase
products intended to be in
prolonged contact with skin
Smaller
8/31/15
8/31/16
8/31/17 case-bycase
3
products intended to be in short
contact with skin
Tiny
8/31/16
8/31/17
8/31/18 case-bycase
4
products with no skin contact
California Proposition 65
Requires the State to publish a list of chemicals known to cause cancer
or birth defects or other reproductive harm
Requires businesses to provide “clear and reasonable” warning before
knowingly and intentionally exposing anyone to a listed chemical
Intended to help Californian’s make informed decisions about
protecting themselves from exposure to certain chemicals
California Proposition 65
The list of chemical known to cause cancer, birth defects or other reproductive
harm can be found at www.oehha.ca.gov
Confirm with manufacturer/supplier that none of the chemicals have been
intentionally added
Most common tests for toys, games and puzzles:
• Lead in PVC and soft plastics
• Phthalates in PVC and soft plastics
Plastic Bag Suffocation Warning
Labeling and warning requirements for certain plastic bags
California, Massachusetts, New York, Rhode Island and Virginia
"WARNING: To avoid danger of suffocation, keep this plastic
bag away from babies and children. Do not use this bag in cribs,
beds, carriages or play pens. This bag is not a toy."
Stuffed Toy Labeling
Massachusetts, Ohio, Pennsylvania
Stuffed toys and dolls for the states of PA, MA and OH must conform
with the stuffed toy licensing and labeling laws
Manufacturers must register and pay fees must be paid to each state
Stuffed Toy Labeling
Manufacturers must submit detailed information about the filler content
of the toy
Specimens of each toy selected at random
Uniform sewn in label to comply with all three states must contain:
• PA license number of manufacturer or vendor
• Name and principal place of business of the manufacturer or vendor
• Statement that “all new materials” (with type of material)
Ban on Yo-Yo Water Balls
Illinois, New Jersey, New York
Sale or distribution of yo-yo water balls is prohibited
What if the toy, game or puzzle is not for
children?
Comply with applicable state regulations
• Illinois Lead Poisoning Prevention Act
• California Proposition 65
Product Safety Resources
PPAI: www.ppai.org
Product Safety powered by PPAI:
http://www.ppai.org/productsafety
Consumer Product Safety Commission: www.cpsc.gov ;
www.recalls.gov
American National Standards Institute: www.ansi.org or www.astm.org
UL-STR: www.STRQuality.com
Questions? [email protected]