US CPSIA – FAQ of Phthalates (III)
No. 04/2009 Do the phthalate limits apply to children shoes or socks?
Shoes and socks are not considered to be children toys or child care articles.
Are personal flotation devices, such as life jackets, subject to the CPSIA? Specifically, are such products that are made for, and used by, children considered to be children products under the CPSIA?
No. Life jackets are excluded from the definition of consumer product by the Consumer Product Safety Act. Because life jackets are not consumer products, they would not be considered children products or children toys under the CPSIA and would not be subject to CPSIA requirements applicable to children products. However, toy versions of life jackets or flotation devices like water wings do fall within the CPSC jurisdiction.
Would such items as pool toys and beach balls be considered children toys?
Pool toys, beach balls, blow up rafts, and inner tubes designed or intended for children 12 years of age or younger would be considered children toys. Therefore, they would be required to comply with the section 108 limits on specified phthalates.
What certifications are required for children toys and child care articles subject to the phthalates ban?
Children toys and child care articles manufactured on or after February 10, 2009, will need a general conformity certification based on each product or a reasonable testing program. Starting in September 2009, children toys and child care articles will have to be certified based on third-party testing of the product by accredited third-party laboratories. The Commission must post its procedures for accrediting labs to test for phthalates in June 2009.
If you have a children toy or child care article with possible banned phthalates, do you have to issue a general conformity certificate on November 12, 2008, even though the phthalate ban is not effective?No. The phthalates ban for children toys and child care articles does not go into effect until February 10, 2009.
Does the CPSC staff know of any test methods that would be suitable to determine phthalate content as part of a reasonable testing program as required for general conformity certification?
Yes. CPSC staff has used a method for percent phthalates determination. On or about June of 2009, when the Commission must approve an accreditation procedure for labs to conduct third-party testing for phthalates, the Commission may provide additional guidance on test methods to be used for phthalates testing. Third-party certification will not be required until September 2009, but general conformity certification will be required for products manufactured on or after February 10, 2009.
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