| U.S. Consumer Product Safety Improvement Act - Phthalate Ester Q&A Compilation (III) NO.4/2009 |
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Does the ban apply to children's footwear or socks?
Footwear and socks are not classified as children's toys or care products.
Are personal flotation devices, such as life vests, regulated by the CPSIA?Specifically, should such products made for and intended for children be considered children's products under the CPSIA?
No. Life vests are excluded from the Consumer Product Safety Act and are regulated by the U.S. Coast Guard. The CPSIA defines children's products as consumer products specifically designed for children under 12 years of age. Because life vests are not consumer products, they are not regulated. However, toy life vests or flotation devices (such as "water wings") are regulated by the CPSC.
Does the CPSIA consider pool toys and beach balls as children's toys?
Pool toys, beach balls, inflatable rafts, and swim rings designed for children under 12 years of age are classified as children's toys. These items are used by children while playing in pools or on the beach and therefore need to comply with the limits for phthalates under Chapter 108.
What certifications are required for children's toys or childcare products regulated by the phthalate ban?
Children's toys and childcare products manufactured on or after February 10, 2009, require general conformity certification, which is based on "testing each product or a reasonable set of tests." From September 2009, certification for children's toys and childcare products must be based on product test reports performed by accredited third-party laboratories. The Commission was required to publish the accreditation procedures for laboratories testing for phthalates by June 2009.
If your children's toys or childcare products may contain banned phthalates, is it necessary to issue a Certificate of Ordinary Conformity (CPC) before November 12, 2008, even though the ban on phthalates had not yet taken effect?
No. The ban on phthalates in children's toys and childcare products only came into effect on February 10, 2009. Children's toys and childcare products manufactured on or after February 10, 2009, require a CPC, which should be based on "one reasonable test item for each product." From September 2009, certification of children's toys and childcare products must be based on product test reports performed by an accredited third-party laboratory.
On January 30, 2009, the CPSC announced on its official website that the implementation of certain provisions of the legislation requiring third-party laboratory product testing reports would be postponed for one year. SGS will release further details at a later date.
Comparison of Phthalate Limits between CPSIA, EU Directive 2005/84/EC, and Taiwan CNS4797
| Phthalate | CPSIA | EU Directive 2005/84/EC | Taiwan (CNS4797) |
| Restricted products | Limit | Restricted products | Limit | Restricted products | Limit |
| DEHP | Any toys or
childcare products | 0.1% | Plastic products in toys or childcare products | Total 0.1% | Toys of all types for children and infants under the age of 14 | Total 0.1% |
| DBP | 0.1% |
| BBP | 0.1% |
| DINP | Any toy or childcare product that may be put into the mouth*Note 1 | 0.1% | Toys or childcare products that may be placed in the mouth (plastic products) *Note 1 | Total 0.1% |
| DIDP | 0.1% |
| DNOP | 0.1% |
*Note 1: There are no strict requirements on the size to be placed in the mouth, but any dimension (length, width, or height) less than 5 cm can be considered.
**SGS Solutions** For specific products requiring mandatory third-party testing certification, third-party conformity assessment body certification must be conducted by the U.S. Consumer Product Safety Commission (CPSC) or its designated independent certification bodies. **SGS is a CPSC-approved third-party testing organization, providing a wide range of services including analysis and consulting on heavy metals and phthalates in toys and children's products.** For more information, please feel free to contact our customer service team by letter or phone.
The above translation is for reference only; please refer to the original text for accuracy.
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CPSIA FAQ
