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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 111/2/21

5 September 2008

Dear Sirs,

Commercial Information Circular No. 451/2008

US : Consumer Product Safety Improvement Act of 2008

The US Consumer Product Safety Improvement Act of 2008 (the Act) was signed by the US President into law on 14 August 2008. It establishes consumer product safety standards and other safety requirements for children's products.

DETAILS

  1. A summary of the main provisions of the Act is set out below.

Definitions

  1. The new law defines "children's products" as consumer products designed or intended primarily for children 12 years of age or younger; "children's toys" as consumer products designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays; and "child care articles" as consumer products designed or intended by the manufacturer to facilitate sleep or the feeding of children age three or younger, or to help such children with sucking and teething.

Rule for children's products containing lead and lead paint

  1. Beginning 10 February 2009, the lead content for children's products cannot exceed 600 parts per million (ppm). The standard will be tightened to 300 ppm on 14 August 2009. Unless the Consumer Product Safety Commission (CPSC) determines that the 100 ppm standard is not feasible for a product or product category, it will be further reduced to 100 ppm on 14 August 2011. If the CPSC makes such a determination, it will establish the lowest possible technologically feasible standard below the 300 ppm limit. The CPSC will periodically conduct studies and revise the standard further downward every five years.
     
  2. The Act provides some exemptions to the lead content requirement. They include inaccessible component parts of a children's product and certain electronic devices. For the latter, subject to determination by the CPSC, those electronic devices which are found not to be technologically feasible to comply fully with the limits will have to be subject to requirements to eliminate/minimize the potential for exposure to and accessibility of lead in such devices.
     
  3. For lead paint, a new standard of a maximum of 0.009% lead will replace the current maximum of 0.06% on 14 August 2009. The CPSC will review this standard at least every five years.

Prohibition on phthalates

  1. Beginning 10 February 2009, children's toys or child care articles that contain concentrations of more than 0.1% of either di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP) are prohibited for sale, offer for sale, distribution in commerce, or import into the US.
     
  2. Beginning 10 February 2009, three other phthalates, diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), and di-n-octyl phthalate (DnOP) in concentrations exceeding 0.1% will be subject to a temporary ban if they are used in child care article or children's toys small enough to be put in a child's mouth.
     
  3. The federal phthalates ban does not preempt any state-mandated warning requirement that was in effect prior to 31 August 2003 and state laws regulating phthalates and phthalates alternatives.

Mandatory toy safety standards

  1. Beginning 10 February 2009, the current ASTM International Standard F963-07 Consumer Safety Specifications for Toy Safety (ASTM F963) will become mandatory. Within one year after the enactment, the CPSC will evaluate the effectiveness of ASTM F963 and within one year after completion of the evaluation, the CPSC will promulgate its own standards and rules.
     
  2. Before 14 August 2009, the CPSC will, in phases, establish new mandatory safety standards for 12 categories of durable infant or toddler products including cribs; toddler beds; highchairs, booster chairs, and hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; and bassinets and cradles.

All-terrain vehicle (ATV) standard

  1. Before 12 November 2008, the CPSC will publish in the Federal Register as a mandatory safety standard the American National Standard for Four Wheel ATVs Equipment Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America. The standard will take effect 150 days after it is published. The importation and distribution of new three-wheeled ATVs will be banned until a mandatory safety standard for those vehicles enters into force.

Labelling requirement for advertising toys and games

  1. Beginning 12 December 2008 and 10 February 2009 respectively, any advertisements on Internet websites and on catalogues/other printed materials with a direct means to purchase or order a product which requires a cautionary statement must include the appropriate cautionary statement displayed on or immediately adjacent to the advertisement.

Mandatory third party testing and certification requirements

  1. Manufacturers of children's products must subject their products to third party testing of safety standards compliance, and must certify the compliance in English. In consultation with the US Customs and Border Protection, the CPSC may, by rule, provide for electronic filing of the certificate with imports.
     
  2. Under the new law, the testing and certification requirement applies to any children's product manufactured more than 90 days after the CPSC's publication of the applicable accreditation rule. The CPSC will publish the requirements for "third party conformity assessment bodies" to assess:
  • lead in paint before 13 September 2008
  • cribs and pacifiers before 13 October 2008 
  • small parts conformity before 12 November 2008 
  • children's metal jewelry before 12 December 2008
  • baby bouncers, walkers and jumpers before 12 March 2009 
  • for all other products before 14 June 2009
  1. The new law sets out detailed requirements for accreditation and fire-walling rules for laboratories owned or controlled by manufacturers. The names of certified laboratories will be posted on the CPSC's website although no timeframe has been indicated. The CPSC may withdraw accreditation if there is undue influence on a laboratory by a manufacturer, private label or government entity; a protocol has not been followed; or a laboratory fails to cooperate in investigation.
     
  2. Before 14 November 2009, the CPSC will promulgate regulations on how manufacturers should label their products in order to comply with the certification requirements.

Tracking requirements

  1. By 14 August 2009, children's products and their packaging must include permanent labels that identify the source, production date and batch information to enable efficient identification of recalled products.

Postage-paid registration forms for durable nursery products

  1. Before 14 August 2009, for durable infant and toddler products, the CPSC will promulgate a final consumer product safety rule to require manufacturers to provide a postage-paid consumer registration form with each product for efficient distribution of recall/safety notices. Also, information on the manufacturer name, contact details, etc. must be permanently placed on each product. The manufacturer will have to maintain for at least six years a consumer list based on returned registration forms. Nevertheless, the law provides for the possibility that subsequent technology may offer an alternative to the registration forms.

Financial responsibility for recalls or destruction of recalled products

  1. A feasibility study on requiring manufacturers and importers to establish escrow funds, purchase insurance or otherwise provide financial security to pay for recalls or destruction of recalled products will be conducted.

Export of recalled and non-conforming products

  1. The CPSC has the authority to prohibit exports from the US of consumer products that do not conform to consumer product safety standard unless the importing country accepts the importation of the products within 30 days after the CPSC has notified the country of the impending shipment.

Enforcement by State attorneys general

  1. State attorneys general can obtain injunctive relief on behalf of their residents to enforce product safety laws.

Civil and criminal penalties

  1. The maximum civil penalty is revised to US$100,000 for each individual violation, with a cap of US$15 million. Criminal penalties are set at up to 5 years' imprisonment for a knowing and willful violation, and may include forfeiture of assets associated with the criminal violation.

Establishment of a searchable public database

  1. Before 14 August 2010, the CPSC will establish a searchable public database to include reports of injuries, illness, death or other risks related to consumer products as submitted by consumers, government agencies, health care professionals, child service providers, and public safety entities. Within five business days of receipt, the CPSC will submit the complaint report to the manufacturer or private labeler who may request that its comment be included in the database along with the complaint.

Study on use of formaldehyde

  1. Before 14 August 2010, the CPSC will conduct a study on the use of formaldehyde in the manufacture of textile and apparel articles, or in any components of such articles, in order to identify any risks to consumers.
     
  2. Full text of the Act is available at the following website:
     http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname="110_cong_bills&docid="f:h4040enr.txt.pdf."" Traders are strongly advised to seek clarifications with their importers in the US in order to comply with the necessary requirements. 
     
  3. Separately, the CPSC's website has now included a Chinese page (http://www.cpsc.gov/businfo/intl/newusreq.html), traders may wish to visit this webpage for more information in Chinese.

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,




(Miss Bonny CHAO)

for Director-General of Trade and Industry