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  • 1. Understanding US CPSIA Product Certification Complying with New and Existing Requirementsfor Apparel, Children’s Products, Toys and Hard Goods A White Paper from Bureau Veritas Consumer Products Services Prepared by Doug Boehm, Global Technical Engineer – February 2, 2012
  • 2. © 2012 Bureau Veritas Consumer Products Services, Inc.All rights reserved. No part of this publication or the information contained herein may be reproduced, copied, translated, sold, ordistributed in any form or by any means without the express prior written consent of BVCPS Inc. This publication and the informationcontained herein, other than portions in the public domain or owned by third parties, are the property of BVCPS Inc. and are protectedby law, including, but not limited to, U.S. copyright laws and international treaty provisions. BVCPS Inc. has exclusive proprietaryrights in the information provided herein. Any unauthorized use of this publication or any part thereof could result in civil and/orcriminal claims for damages and penalties.BVCPS Inc. provides the information in this publication as a resource of general information. The information contained herein issubject to change without notice from BVCPS Inc., governments, regulatory bodies, or other industry associations. It does notconstitute nor should be deemed to constitute a legal opinion on the subject matter presented, nor does the information containedherein replace any applicable legal or regulatory requirements and is provided “as is.”BVCPS Inc. does not warrant the accuracy, completeness, timeliness, or availability of any information contained herein. BVCPSInc. is not liable for any direct, indirect, incidental, special, punitive, consequential or other damages, costs, expenses, legal fees, orlosses (including without limitation lost profits, lost income, or lost opportunity costs) of any kind in connection with this publicationand/or any use of this publication or information contained herein, or information made available through or referenced by thispublication. In connection with this publication and all content herein, BVCPS INC. DISCLAIMS ANY AND ALL REPRESENTATIONSAND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE.This publication includes references to websites and hyperlinks for the convenience of the reader. These websites and hyperlinksare owned and operated by third parties. BVCPS Inc. does not own or control these third-party websites, and does not guaranteethe accuracy, completeness, timeliness, reliability, or availability of any information included within these third-party websites.Access and use of these third-party websites is at the reader’s own risk. Third-party trademarks or other intellectual property, usedor referenced but not owned by BVCPS Inc., are protected by law. Such third parties have proprietary rights in those trademarks orother intellectual property. Bureau Veritas Consumer Products Services, Inc. (BVCPS) 100 Northpointe Parkway Buffalo, New York 14228-1884 Cover image ©iStockphoto.com/yuriarcurs
  • 3. ContentsIntroduction .............................................................................................................. 4Product Certification Per the Consumer Product SafetyImprovement Act (CPSIA) ........................................................................................5Certification of Children’s Products ........................................................................6Reasonable Testing Programs for Nonchildren’s Products ............................... 10Summary ..................................................................................................................14About this White Paper ..........................................................................................14About the Author ....................................................................................................15Sources .....................................................................................................................15Appendix:Summary Chart of Requirements for Children’sand NonChildren’s Products ..................................................................................17Comparison Chart US and European Toy CertificationRequirements ..........................................................................................................19 www.bureauveritas.com/knowledge 3
  • 4. Introduction The Consumer Product Safety Improvement Act of 2008 (CPSIA) drastically changed the regulatory landscape for toys and other consumer products through the establishment of a number of new requirements, including new restrictions on phthalates in childcare articles and toys; lead in substrates of children’s products; increased restrictions on lead in surface coatings on children’s products, furniture, and in paint; and required mandatory third-party testing and documentation from an accredited laboratory for children’s products. While each of these represented a significant change, the law also required new regulation to be created for the testing and certification of regulated products. Upon CPSIA’s passage, the Consumer Product Safety Commission (CPSC) was given 15 months to establish a rule defining this certification program for children’s products.This regulation, commonly referred to as the “15-Month Rule,” took 38 months to develop and be passed by the Commission due to the complexity of the rule and the challenges faced by manufacturers trying to comply with the many new requirements of CPSIA. A summary of this process is provided below beginning with the publication of the original CPSC proposal. On May 20, 2010, the CPSC published a proposed rule about testing and labeling for product certifications in the Federal Register. The proposed rule was the first draft of the certification program requirements for products subject to a consumer product rule, ban, or standard. The proposed rule was broken into subparts that describe requirements for reasonable testing programs for nonchildren’s products and certification of children’s products. Upon publication of the proposed rule, the CPSC opened a comment period for all stakeholders until August 3, 2010. The Commission received extensive comments and considered the comments when drafting the final rule. On September 21, 2011 the Commission released the final rule in a briefing package. This document included a preamble that discussed the changes made from the proposed rule to the final rule and CPSC staff responses to the comments received. Where the proposed rule addressed certification of both non-children’s and children’s products, the final rule only defined certification requirements for children’s products and reserved the section defining requirements for non-children’s product. The final rule, effective 15 months after the date of publication in the Federal Register, was passed in late October and published in the Federal Register as 16 CFR 1107 on November 8, 2011. That means products manufactured after February 8, 2013 will need to comply with the rules of 16 CFR 1107. This white paper provides an overview of the requirements for product certification in accordance with CPSIA and 16 CFR 1107, including children’s products requirements and a discussion of current guidance on a Reasonable Testing Program (RTP) for non- children’s products.4 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 5. Product Certification Per the ConsumerProduct Safety Improvement Act (CPSIA)CPSIA requires a domestic manufacturer or importer of a consumer product subject toa rule, ban, or standard to issue a certificate certifying conformity. That certificate mustbe available at importation and can accompany the shipment physically or be availableelectronically.These requirements apply to all consumer products with an applicable CPSC rule,ban, or standard, whether children’s products or general use (non-children’s) products.Certificates for general use products are known as General Conformity Certificates(GCCs). The certificates for children’s products do not have a defined name in thelaw but are sometimes referred to as Children’s Product GCCs or Children’s ProductCertificates (CPCs); the CPSC has been using the latter name recently. Both GCCsand CPCs must be based on a compliant testing program, either a ReasonableTesting Program, or Children’s Product Testing Program based on third-party testing,respectively.The requirement to implement a certification program and issue a conformity certificate,falls upon the importer (for products of foreign manufacture) or domestic manufacturer(for products made in the US). This is the primary party of responsibility in the scopeof the new rule, and they must assure compliance, even if they do not directly take allsteps required by the rule. The CPSC may request evidence, through documentationof these steps, that a compliant program was in place for product certification andthe CPSC could take action under this regulation against any responsible importer ordomestic manufacturer found to not comply. This review will likely be retroactivelytriggered by incident or complaint, but could become proactive where the CPSC maymake requests on a product of high-risk or in a product category that has had recentincidents or history of incidents. Though most products, free of incident or complaint,will only have their conformity certificate checked, a required document at the time ofimportation.The manufacturers and importers of certain products have been required to issue thesecertificates since November 2008, though requirements for the certification programsas mandated by the 15-Month Rule were not established until November 2011 and donot take effect until February 8, 2013. As a result, certificates issued from November2008 through February 2013 can be issued without following any specific program.However, upon the final rule for testing and labeling pertaining to product certificationbecoming effective, a valid children’s product certificate can only be issued followingthe published requirements. www.bureauveritas.com/knowledge 5
  • 6. Certification of Children’s Products 16 CFR 1107.20-.26, Subpart C – Certification of Children’s Products. One of the major requirements instituted by CPSIA was the requirement for third-party testing of children’s products. With third-party testing requirements already established for children’s products since 2008, the final rule does not significantly readdress these requirements. Rather, the certification requirements in this section focus on new additional requirements and outline a whole program that establishes good manufacturing practices that must be followed to certify product. These elements, which take effect February 8, 2013, are found in Subpart C of the final rule and summaries of each section are provided below: General Requirements: The general requirements section of Subpart C reiterates the n third-party testing and certification requirements established for children’s products per CPSIA (i.e., all children’s products must be tested to all applicable rules, bans, and standards at a CPSC-approved third-party lab). This certification testing must be conducted on a sufficient number of samples to give a high degree of assurance (HDoA) that all products comply with the requirements. Periodic Testing: Children’s products require continued periodic testing throughout n production. Periodic testing is required to be conducted a minimum of once per year, and periodic testing must be conducted at a CPSC-approved third-party test lab. (Note: There are some exemptions for manufacturers who implement additional production testing, not required at a third-party lab, which could extend the maximum time interval to two or three years.) The determination for testing volume and frequency is based on factors such as production lot size, severity of potential injury, intended age group of the user, variability in production and history of product recalls or consumer complaints. In general, children’s products have a higher risk of injury and the lower age of use plays a significant factor in evaluation of risk. Representative Samples: Samples tested for periodic testing must be representative n of the production lot such that the manufacturer can infer the rest of the lot produced in that period is in compliance. A sufficient number of representative samples must also be selected to support that inference. Documentation of how the samples were chosen and evidence of those samples (i.e., the date they were selected and testing results) must be maintained for the records.6 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 7. Material Change: A manufacturer is required to track and maintain records for alln material changes that occur during a product’s production. When a material change occurs that could affect compliance with a rule, ban, or standard, the manufacturer must recertify to the affected rule(s). When the material change only affects the ability of a component or multiple components to comply with a rule, the manufacturer may recertify based on the original certification testing and new component part certification. All component level certification must be conducted in accordance with 16 CFR 1109, passed at the same time as this rule. Undue Influence: CPSIA mandated that manufacturers of children’s productsn and those employees who interact with third-party assessment bodies be trained to prevent undue influence. This training must include required procedures for confidential reporting to the CPSC if there is evidence or knowledge of any undue influence occurring. Originally, the proposed rule required training to be renewed yearly, but the final rule only requires retraining when a significant change has been made to the policy. Corrective Actions: The final rule removed the formal section requiring remedialn action plans, which were established plans that would be enacted if any non- conformity was found. Despite that section’s removal, the general requirements still state a “manufacturer must investigate the reasons for the failure and take the necessary steps to address the reasons for failure,” and cannot certify “until the manufacturer establishes, with a high degree of assurance, that the finished product does comply.” As a result, in addition to a passing retest, the manufacturer must have taken an appropriate corrective action to address the reason for failure. Without that action and understanding, the manufacturer will not have reasonable assurance the production is compliant. Recordkeeping: The proposed rule required the documents to be maintained inn English, in the US and for five years after importation or production has ended. Those requirements were loosened with the final rule and documents can be maintained outside the US and in a language other than English as long as a translated document is readily available within 48 hours upon request. The documents only need to be maintained for five years, regardless of the end date of importation or production. For a children’s products testing program, the manufacturer must maintain documentation of certification testing and children’s product certificates of conformity; periodic testing plans with sample selection and test results; documentation of all material changes; records of the undue influence training and associated employee training records; and any corrective actions. www.bureauveritas.com/knowledge 7
  • 8. Considerations for Certification of Children’s Products When considering the actions to be taken and the complexity of the supply chain involved in certification, the certifying party should understand the expectations that are upon them. The certification rule addresses this by indicating the responsible importer or manufacturer needs to exercise due care when certifying their product, in particular when relying on the actions taken by other parties, like supplier component part certifications or periodic testing conducted at a foreign manufacturer. The rule defines due care: “Due care means the degree of care that a prudent and competent person engaged in the same line of business or endeavor would exercise under similar circumstances. Due care does not permit willful ignorance.” The CPSC has given the direction that due care requires knowledge and assurance, though the actions necessary for an importer to go beyond willful ignorance and gain knowledge and assurance are not specifically defined. The CPSC will likely rely on their determination to identify what actions a prudent and competent manufacturer/ importer would take. Commissioner Anne Northrup sent questions to the CPSC staff regarding due care comments in the preamble of the new rule where staff stated an importer, acting with due care, must ensure periodic testing is conducted by the foreign manufacturer. In clarifying what actions an importer could take the staff stated: “The requirement should be specified in the importer’s purchase order to the foreign manufacturer, clearly communicating the requirement to conduct the required periodic testing and requiring submission of the foreign manufacturer’s periodic testing plan. Simply reviewing the foreign manufacturer’s periodic testing plan does not satisfy the requirement, as this approach lacks evidence that the periodic testing plan has been implemented. An importer may need to conduct occasional site visits to his supplier’s manufacturing facility to examine evidence that the required periodic testing has been properly performed or may need to verify the authenticity of the supplier’s test reports by contacting the testing laboratory for verification. An importer may also wish to occasionally submit samples from product received from the supplier for testing, to compare the test results to those conducted by the foreign manufacturer.”8 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 9. The clear expectation of CPSC staff is that an importer would do more than rely ona contract with the vendor or attestation from the vendor, as those methods lackevidence. Considering the full scope of certification – including all elements discussedin the section above – is the responsibility of the importer, the CSPC staff view is thatdue care by a prudent and competent importer requires evidence. The following children’s products or applicable rules, bans, and standards require a certification program: Baby walkers Infant walkers Children’s ATVs Infant rattles Children’s bikes Pacifiers Children’s bike helmets Toys Children’s bunk beds Caps and toy guns Children’s carpets and rugs Children’s sleepwear Children’s clothing Durable infant products Children’s mattresses/pads Lead in surface coatings Children’s metal jewelry Lead in substrates Children’s vinyl plastic films Small parts Cribs ASTM F963 Dive sticks Phthalates www.bureauveritas.com/knowledge 9
  • 10. Reasonable Testing Programs for Nonchildren’s Products 16 CFR 1107.10, Subpart B – Reasonable Testing Program for Nonchildren’s Products (Reserved) The CPSC reserved Subpart B in the final rule, meaning no defined requirements were passed for a Reasonable Testing Program (RTP). In the October 19, 2011 decisional meeting Commissioner Robert Adler and Chairman Inez Tenenbaum stressed that the reservation of the section defining a Reasonable Testing Program was in no way an exemption for manufacturers from establishing one for certification and it is still very much required. They are quoted as saying: “If you’re not going to test every single product then you must have a Reasonable Testing Program.” – Adler “[Anyone] subject to our regulations for non-children’s products must still either test each product or have a Reasonable Testing Program” – Tenenbaum The CPSC may choose to define these requirements at a later date, or they may stay silent with no formal rules being developed. Since no requirements were defined in the final rule, a manufacturer has more leeway in how to establish their Reasonable Testing Program. The proposed rule can be used to provide guidance for a manufacturer in defining their program, with the goal of providing a high degree of assurance their products comply, and we will base our discussion on that document. Per the proposed rule, manufacturers certifying nonchildren’s products “pursuant to a reasonable testing program” must ensure that such a program provides “a high degree of assurance [HDoA] that the consumer products covered by the program will comply with all applicable rules, bans, standards or regulations.” The proposed rule defines a high degree of assurance to mean “… an evidence-based demonstration of consistent performance of a product regarding compliance based on knowledge of a product and its manufacture.” Note: These requirements are currently in effect and have been applicable since 2008.10 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 11. The following general use products require certification per a Reasonable Testing Program: Adult apparel Fireworks Adult bikes Garage door openers Adult bunk beds Lawn mowers Adult carpets Matchbooks Adult vinyl plastic film Multi-purpose lighters Architectural glazing Adult ATV’s Candles (metal wicks) General use furniture (coatings) CB antennas Adult mattresses Cellulose insulation Paint Child-resistance on portable gas Refrigeration door latches containers Special packaging under PPPA Cigarette lighters Swimming pool slides Contact adhesives Unstable refuse binsIn the proposed rule, the CPSC outlined a series of elements that can be used toestablish a Reasonable Testing Program for nonchildren’s products. Brief summariesfor each component of a Reasonable Testing Program for a nonchildren’s products areas follows: Product Specification: The goal of a product specification is to differentiate a productn from other products which may be similar, or from other products made by the manufacturer. CPSC lists examples of suitable content for product specifications as: “color photograph or illustration, model names or numbers, a detailed bill of materials, a parts listing, raw material selection and sourcing requirements.” A manufacturer also should list all requirements that apply to the product, to which the product must be certified. www.bureauveritas.com/knowledge 11
  • 12. Certification Tests: A product must have certification testing or other support to n show compliance with all applicable rules, bans, and standards. A manufacturer must submit to a lab or do first-party testing on a sufficient amount of samples, materially representative of all samples produced, for certification testing to ensure with a high degree of assurance (HDoA) that all products produced are compliant with all applicable rules, bans, or standards. If there is a material change in a product that could affect compliance, the product must be recertified though testing or other means of verification. If testing at a component level would be sufficient to indicate compliance, component-level testing is acceptable. CPSC defined material change to mean: ”any change in the product’s design, manufacturing process, or sourcing of component parts that a manufacturer exercising due care knows, or should know, could affect the product’s ability to comply with the applicable rules, bans, standards, or regulations.” Production Testing Plan: After initial compliance testing, a manufacturer should n implement a production testing plan to identify intervals of testing, number of tests to be conducted, and which samples will be pulled for testing. The plan must be unique for each location of manufacture. The intervals and number of tests should provide a high degree of assurance (HDoA) of continued compliance for products produced after compliance testing. This may be supported by non-testing methods, such as control programs, statistical process control programs, or failure mode and effects analyses (FMEAs). Regardless of whether these alternative methods or interval testing are used, the production testing plan needs to describe why the established plan provides a high degree of assurance (HDoA). The draft rule gave no minimum frequency or minimum number of samples for production testing. In CPSC’s discussion of the proposed rule, they did provide guidelines to consider: production lot size, severity of potential injury, intended age group of the user, variability in production, and history of product recalls or consumer complaints. Remedial Action Plan: This plan addresses and tracks noncompliances found in n certification or product testing, as well as the actions taken to address them. It can exist prior to any noncompliances, and outline processes to be taken to address any findings. The main goals of this plan are to be able to determine the cause of a nonconformity, to differentiate the compliant and noncompliant products within the lot, and to resolve the nonconformity so further production will comply with all applicable requirements.12 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 13. Recordkeeping: Since certification must be based on a Reasonable Testing Programn (RTP), and the CPSC can request evidence of the program from the manufacturer, documentation of that program is necessary, despite no final RTP rules. The proposed rule had stricter requirements than the final rule defined for a children’s product testing program so it is recommended that the recordkeeping requirements for children’s products be adopted into the Reasonable Testing Program and used for non-children’s products. This means documents should have the same five-year maintenance from creation, and be readily available upon request, in English.Considerations for a Reasonable Testing ProgramSince the Reasonable Testing Program elements are based upon CPSC guidance andare not part of the final rule there is a large degree of flexibility in how each may beexecuted. However, regardless of the approach, the underlying questions every certifiermust ask are: “Does my program provide a high degree of assurance my product is compliant?” “Did I perform my due diligence to ensure my program followed what would reasonably be expected of a certifier?”If the manufacturer is able to answer “Yes” to both questions, their program should becompliant. Establishing a “high degree of assurance” and “due diligence” are crucialto answering these questions. Additionally, an importer should act with due care whencertifying their products, particularly when relying on actions taken within their supplychain, where visibility to those actions may be limited. It also should be understood thatjust because the CPSC choose not to define specific criteria for a Reasonable TestingProgram such a program is still required by law, and should provide a high degree ofassurance in the same way a children’s product testing program does. www.bureauveritas.com/knowledge 13
  • 14. Summary This white paper has provided a general overview of the requirements for CPSIA Certification Programs for children’s products and adult products. The goal of each of these programs is to prevent noncompliant products from reaching consumers, as well as to ensure the ability of manufacturers and importers to locate the source of any issues that might arise, along with the scope of products affected. With the enactment deadline approaching, engaging a partner with regulatory knowledge and experience are first steps toward compliance. Bureau Veritas Consumer Products Services can assist you in all aspects of establishing a successful approach toward understanding, applying, and complying with any and all requirements of CPSIA, including the certification requirements described within this white paper. For more information on these services or to subscribe for complimentary regulatory updates, please visit us at www.bureauveritas.com/cpsia-rtp. About this White Paper This white paper is published by the Information Resources Center of Bureau Veritas Consumer Products Services. For over 15 years, our Information Resources Center has worked successfully with top companies around the world to help them better understand the consumer market and regulatory environment. With access to a print collection of over 27,000 documents, subscriptions to 34,000 databases, and contacts in over 140 countries, the Information Resources Center is staffed by a trained team of information professionals and is an industry leading resource dedicated to monitoring and understanding regulatory information that affects consumer products around the world. White papers published by the Information Resources Center represent a collaborative team effort with Bureau Veritas Subject Matter Consultants (SMCs) from throughout our network. As part of their responsibilities, these individuals participate in a variety of technical committees including ASTM, CEN, IABFLO, and the US Toy Industry Association (TIA), placing our technical services teams at the forefront of new and emerging compliance globally. To learn more about how our Information Resources Center can help you, please visit us at: www.bureaveritas.com/knowledge or call us for a complimentary consultation at 1-716-505-3591.14 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 15. About the AuthorAs a Global Technical Engineer with Bureau Veritas Consumer Products Services, DougBoehm is the lead technical consultant for testing and labeling pertaining to productcertification in North America. Doug began his career with Bureau Veritas in 2006 asa product test engineer in the Toys and Juvenile Products department, working withvarious manufacturers and major retail programs. In 2009, Doug joined the Toys andJuvenile Products Technical Services team as a product engineer and assumed hiscurrent responsibilities. Doug is a member of committees within ASTM F08 (sportsequipment and facilities) and F15 (consumer products). He holds a bachelors andmasters in mechanical engineering from the University at Buffalo. Sources Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110–314, August 14, 2008 http://www.cpsc.gov/cpsia.pdf “Reasonable Testing Program & Third-Party Testing,” Consumer Product Safety Commission (CPSC), CPSC Public Workshop on CPSIA Product Testing, December 10, 2009 http://www.cpsc.gov/about/cpsia/cpsiatestingreason.pdf Consumer Product Safety Commission, Proposed Rule, 16 CFR Part 1107, Testing and Labeling Pertaining to Product Certification; Federal Register, Vol. 75, No. 97, 28336, May 20, 2010 http://www.cpsc.gov/businfo/frnotices/fr10/testing.pdf U.S. Consumer Product Safety Commission’s (CPSC’s) staff memo “Response to Commissioner Anne M. Northup’s Questions Related to Pending Proposals for Testing and Certification and Component Parts,” October 18, 2011 http://www.cpsc.gov/LIBRARY/FOIA/FOIA12/brief/testcertCOAN.pdf Consumer Product Safety Commission, Final Rule, 16 CFR Part 1107, Testing and Labeling Pertaining to Product Certification; Federal Register, Vol. 76, No. 216, 69482, November 8, 2011 http://www.cpsc.gov/businfo/frnotices/fr12/certfinal.pdf www.bureauveritas.com/knowledge 15
  • 16. 16 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 17. Appendix ASummary Chart of Requirements for Children’s and NonChildren’s Products Children’s Reasonable Product Testing Testing Program Program Bureau Veritas SolutionsRequirement Simplifying Compliance for You Children’s General Use Let Us Help You... Products Consumer including Toys ProductsCertification Test your products for compliance and receive drafts of the necessary Confor-Testing mity Certificates Create a production testing plan withTesting Plans our guidance in determining appropriate sample size and testing frequencyMaterial Implement our material change templateChange to track all pertinent informationTrackingRepresentative Use our sample collection services toSampling select proper, representative samples for testingRecords of Adopt a simple program developed by usUndue to train your employees to prevent undue influenceInfluence Use our CAP solution to automaticallyCorrective trigger documented actions to resolveActions any non-conformity found in testing Develop product specifications with ourProduct services that will help confirm productsSpecifications are produced consistently with those tested for compliance Implement our Product Technical FolderDocumentation solution for full-service storage of all your required documents as well as benefitStorage from its supply chain management features = Required = Suggested www.bureauveritas.com/knowledge 17
  • 18. Appendix B Comparing US and European Toy Requirements The New Toy Safety Directive (NTSD) in the European Union (EU) and the Consumer Product Safety Improvement Act (CPSIA) in the US share a similar goal, to make children’s products safer. While the EU NTSD was more focused specifically on toy safety than the US CPSIA, both used similar methods to achieve an increased level of safety for their covered products. In particular, they both set requirements for good manufacturing practices to avoid non-conformities resulting from design and production flaws, as well as requiring robust documentation of the processes used to ensure conformity. In the EU NTSD as well as the US CPSIA, the importer takes on the primary responsibility for products they bring into the regional jurisdiction and must declare conformity with appropriate rules at importation. They must also take steps to ensure products in continuous production continue to meet any safety requirements and are not affected by changes in materials or production processes. The chart on the following page gives a comparison of the two new rules, showing where similarities lie and where differences would require additional action. As companion to this white paper on the EU NTSD, this chart helps further illustrate the requirements in a new context to provide additional understanding for companies doing business in both markets.18 Understanding US CPSIA Product Certification: Complying with New and Existing Requirements for Apparel, Children’s Products, Toys and Hard Goods
  • 19. Comparison Chart US and European Toy Certification Requirements Consumer Product Safety New Toy Safety Improvement Act (CPSIA) Directive (NTSD) Comments US Children’s Products & Toys EU Toys CPSIA & NTSD: Require certification and declaration that a product complies with all applicable safety rules. CPSIA: Requires third-party testing of children’s products as the basis to issue a children’s product certificate. The certificate Children’s Product Certification must accompany the product at importation, electronicConformity Certification (of Conformity) EC Declaration of Conformity documentation is acceptable. NTSD: Requires EC declaration of conformity; does not specifically require third-party testing for certificate and certificate only needs to be maintained and available upon request. Industry Best Pratice: Continued testing, on representative samples, is required to show products stay in compliance. Periodic Testing CPSIA: Third-party testing at 1 year minimum interval, 2 years with additional testing/manufacturing controls. Continued Testing NTSD: No defined testing requirements but must test Representative Sampling sufficiently to ensure continued compliance. Industry Best Pratice: A manufacturer must have knowledge Product of their product, what goes into their product and how it is produced. Knowledge of applicable regulations, as well as Specification (Optional) potential hazards of the product are vital information for a manufacturer to ensure conformity. CPSIA: A manufacturer must have third-party testing to certify all material changes in production (can be component level Material Change testing). To track material changes, best industry practices Product Bill of Materials (BOM) have the manufacturer using a well documented BOM of Tracking & Testing Product Specification for traceability of those materials from Information receipt to product. NTSD: A manufacturer must have a BOM that identifies all substances used in a product including materials, additives or colorants. The manufacturer must do a safety assessment Safety Assessment listing all their requirements and potential hazards in regard to Mechanical, Physical, Flammability, Chemical, Electrical, Hygiene and Radioactive hazards. CPSIA Only: Certifiers must act ethically but only the US requires manufacturers/importers to train staff to prevent Undue Influence undue influence on third-party testing labs and maintain Ethical Conduct Training records for all trained staff. CPSIA & NTSD: No formal process is defined but both require non-conformities to be investigated and products must be modified to be brought into compliance or recalled in Corrective Actions Failure Investigation Corrective Measures accordance with each region’s established reporting/recall requirements. CPSIA & NTSD: Documents supporting certifications must be complete, and available at request of the regulatory body. CPSIA: Documents require 5 year storage, in English or translated within 48 hours of request. NTSD: Requires 10 years maintenance after end of Documentation Recordkeeping Storage Product Technical File distribution and must be in English, French or German. Documents may need to be translated into other member state languages following a reasoned request. Documents must be available in 30 days or less upon request and failure to provide complete documentation may trigger mandatory testing to demonstrate compliance. www.bureauveritas.com/knowledge 19
  • 20. About Bureau Veritas and Bureau Veritas Consumer Products ServicesSince its founding in 1828, the Bureau Veritas Group has consistently built internationally recognized servicesto help companies better manage their risk and comply with industry standards and government regulationsin a variety of industries including consumer goods, marine, industry and facilities, and governmentservices/international trade. With over 40,000 employees in 900 locations and laboratories in 140+ countries,Bureau Veritas serves large and small organizations around the globe.The Consumer Products Services Division of Bureau Veritas specializes in serving the global consumerproduct and retail markets, assisting clients around the world to effectively monitor the performance andquality of their products. As a proactive partner, we help companies manage risk, comply with regulationsand protect their brand. From apparel and toys to consumer electronics and hard goods, we assist clientsaround the world with locations in 40 countries supported by more than 9,000 employees and over 35 yearsof experience.For over 15 years, Bureau Veritas’ Information Resources Center (IRC) has been dedicated to monitoringchanges in the consumer products industry and providing comprehensive knowledge services.. www.bureauveritas.com/cps www.bureauveritas.com/knowledge