Over the past few years, consumer product safety has been a key concern in the toy industry. A number of high-profile recalls have meant that consumers, toy manufacturers, the Consumer Products Safety Commission (CPSC), toy distributors and others in the toy industry have become more aware of and more concerned about toy safety. Partly in response to these concerns, new legislation has been passed regarding toy testing and safety. This legislation – known as the consumer product safety act – will affect everyone in the toy industry.
On August 14, 2008, President George W. Bush signed the Consumer Product Safety Improvement Act of 2008 (also known as H.R. 4040 or the CPSIA) into law. This law, sometimes more simply referred to as the consumer product safety act, limits the amount of phthalates, lead and other dangerous substances in goods that are manufactured domestically or are imported for sale in the United States.
The law provides the largest expansion of the powers of the Consumer Products Safety Commission since 1972, when the Consumer Products Safety Commission was established. Under the consumer product safety act, the Consumer Products Safety Commission has more authority, more staff, more funding, and more enforcement capabilities. The rules for toy safety and toy testing are now stricter and the new powers of the Consumer Products Safety Commission mean that more violators will likely be caught and persecuted.
Under the CPSIA, fines for single violations have been increased from $8,000 to $100,000. Perpetrators with multiple related violations may face fines of up to $15 million, a significant increase over the $1,825,000 maximum in place before the 2008 consumer product safety act. In addition, violators may face up to five years in prison in some cases and may have their assets forfeited as part of the punishment for violating the CPSIA.
Under the new law, toy manufacturers, importers, and retailers do not need to be aware of the violations in order for criminal charges to be laid. Essentially, those in the toy industry are responsible for learning about the law themselves and making absolute certain that they are screening for lead and other substances according to the guidelines established by the law.
Under the compliance schedule, the amount of lead in toys must not exceed 600 ppm (parts per million) within 180 days of the law’s enactment. After August 14, 2009, lead amounts may not exceed 300 ppm and by August 14, 2011, the total amount of lead may not exceed 100 ppm. Toys and toy parts coated and sealed with a coating may not be affected by these limits, although paint, electroplating, and many other coatings are not considered adequate to exclude a toy from these lead limits. Under the law, limits on lead paint are set at 90 ppm and may be lowered further in the future. Limits on phthalates are set at 0.1%.
All this means that if you produce toys are involved with importing toys from other countries, you will need to screen for lead and phthalates in order to comply with the new law. Under the new law, all toy product shipments must include a statement of certification that confirms conformity. Imported products that do not have this certification will not be admitted to the country and may be destroyed. In order to get this certification, manufacturers, importers, and some retailers must have a reasonable testing program or must be able to prove that each product has been tested. The law specifically states that toy testing and testing of any children’s products must be performed by an accredited third-party laboratory.