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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2/20, EIC 111/2/21

18 October 2010

Dear Sirs,

Commercial Information Circular No. 471/2010

US : CPSC's Final Rule on Interpretation of "Children's Product"

The US Consumer Product Safety Commission (CPSC) issued in the Federal Register (FR) of 14 October 2010 a final interpretative rule on the term "children's product" as used in the US Consumer Product Safety Improvement Act of 2008 (CPSIA). The term "children's product" was used in several provisions of the CPSIA, in particular in sections 101, 102 and 103 regarding limits on the lead content, third party testing requirements and tracking labels requirements. The final rule provides additional guidance on the factors that are considered when evaluating what is a children's product. The FR notice is available at: http://edocket.access.gpo.gov/2010/pdf/2010-25645.pdf. 

DETAILS

  1. The trade was informed via Commercial Information Circular No. 170/2010 of 21 April 2010 of CPSC's proposed rule on the interpretation of the term "children's product" as used in the CPSIA. After evaluating comments received, the CPSC revised its proposal and issued this final rule to add a new Title 16, Code of Federal Regulations, Part 1200 (16 CFR part 1200). By this final rule, the CPSC clarifies its interpretation of the statutory requirements with regard to "children's products". This rule is also intended to give interested parties a better understanding on how the CPSC will determine whether a particular product is a "children's product". 
     

  2. Section 235(a) of the CPSIA amended Section 3(a)(2) of the US Consumer Product Safety Act (CPSA) by creating a new definition of "children's product". "Children's product" is defined as "a consumer product designed or intended primarily for children 12 years of age or younger". The statutory definition of "children's product" also specifies four factors that are to be taken into consideration when making a determination about "whether a consumer product is primarily intended for a child 12 years of age or younger". 

Interpretation of "Designed or Intended Primarily for Children 12 years of age or younger"

  1. The final interpretative rule provides that the term "for use" by children 12 years of age or younger generally means that children will physically interact with such products based on the reasonably foreseeable use of such product. Products used by children 12 years of age or younger that have a declining appeal for teenagers are likely to be considered children's products, although those products may be designed or intended for use by consumers of all ages. 

Interpretation of "the Four Specified Statutory Factors"

  1. To determine whether a consumer product is primarily intended for a child 12 years of age or younger, the four specified statutory factors stated in the CPSIA must be considered together as a whole. The final rule provides interpretations for these factors.

  1. A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable -

A manufacturer's statement about the product's intended use, including the product's label, should be reasonably consistent with the expected use patterns for a product. A manufacturer's statement that the product is not intended for children does not preclude a product from being regulated as a children's product if the primary appeal of the product is to children 12 years of age or younger, as indicated, for example, by decorations or embellishments that invite use by children, being seized for children or being marketed to appeal primarily to children.

  1. Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger -

  1. These representations may be express or implied. For example, the advertising by the manufacturer expressly declaring that the product is intended for children 12 years of age or younger or advertising showing children 12 years of age using the product may support a determination that the product is a children's product.
     

  2. The product being physically located near or visual associated with children's products may be a factor in making an age determination, but is not determinative.
     

  3. On the contrary, the product's association or marketing in conjunction with non-children's products may not be determinative as to whether the product is a children's product.

  1. Whether the product is commonly recognized by consumers as being intended for use by children 12 years of age or younger -

Consumer perception of the product's use by children, including its reasonably foreseeable use, will be evaluated taking into account the following:

  1. the features and characteristics, like small sizes, exaggerated features, safety features, colours and decorative motifs commonly associated with childhood, features to enhance attractiveness to children and play value, etc;
     

  2. the principle uses of a product;
     

  3. the costs;
     

  4. children's interactions.

  1. The Age Determination Guidelines issued by the CPSC staff in September 2002 and any successor to such guidelines.

  1. The CPCS recognizes that the determination of whether a product meets the definition of a children's product depends on factual information that may be unique to each product and, therefore, would need to be made on a case-by-case basis. 
     

  2. To help manufacturers understand what constitutes a children's product under the CPSA, additional examples regarding specific product categories are provided in the FR notice, which is available at the website mentioned in paragraph 1 above. Other details of the final interpretative rule, including the responses of the CPSC to the public comments received on the proposed rule, can also be found in the FR notice.
     

  3. Separately, traders may wish to make reference to the information page related to the "Definition of Children's Product" prepared by the CPSC, which is available at its website: http://www.cpsc.gov/about/cpsia/childproducts.html.

ENQUIRIES

  1. For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,




(Miss Carmen CHAN)

for Director-General of Trade and Industry