CPSC Extends the Stay of Enforcement on Testing and ... · CPSC Guideline for drawstrings on...

SPARKLE Volume 480 / 28 January 2010

CPSC Extends the Stay of Enforcement on Testing and Certification Requirements for Many Children’s Products

* Refer to the Flammable Fabrics Act (FFA) and respective flammability regulations for products covered by the Act.

** For GCC, the Commission has decided to continue the stay of enforcement until further notice.

Wearing Apparel*(above 12 years of age)

When do products need to comply? When is GCC enforced / required?

Flammability of Clothing Textiles (16 CFR 1610)

NowStayed** (except that the continuation of the stay

of enforcement does not extend to guarantees under the Flammable Fabrics Act)

Flammability of Vinyl Plastic Film (16 CFR 1611)

NowStayed** (except that the continuation of the stay


On December 18, 2009, the U.S. Consumer Product Safety Commission (CPSC) voted unanimously (5-0)to extend a stay of enforcement on testing and certi�cation of many regulated children’s products. While enforcement of specific CPSC testing requirements has been stayed, the products must still comply with all applicable rules and bans.

Categories of children’s products to remain covered by the stay of enforcement include: � children’s toys and child care

articles with banned phthalates, � children’s toys subject to

ASTM F-963 toy safety standard, � caps and toy guns, � clacker balls, � baby walkers, � bath seats,

� other durable infant products, � electrically-operated toys, � youth all-terrain vehicles, � youth mattresses, � children’s bicycles, � carpets and rugs, � vinyl plastic film, and� children’s sleepwear

How does the new rulemaking affect textiles, apparel and footwear?All testing and certification requirements for standards that apply to children’s textile, apparel and footwear products are still under a stay of enforcement except for those testing and certification requirements that existed before the CPSIA and lead in paint. The stay of enforcement for testing and certifying for lead in substrate is stayed for a year (until February 10, 2011). All other testing and certification requirements will be announced once the CPSC has finalized rules. The CPSC is also allowing supplier based third party testing and certi�cation of “representative samples” of components and paint but the ultimate product domestic manufacturer or importer is still liable and responsible for final product certification.

CPSIA: General Conformity Certificate (GCC) Timetable for Textile and Footwear

Asia Pacific - 2/F, Garment Centre, 576 Castle Peak Road, Kowloon, Hong Kong, Tel: +852 2173 8888 Fax: +852 2786 1903 North America - 2107 Swift Dr., Ste 200, Oak Brook, IL 60623, Tel: +1 630 481 3111 Fax: +1 630 481 3101

Latin America - 8300 N.W. 53rd Street, Suite 400, Miami, FL 33166, Tel: +1 305 513 3000 Fax: +1 305 513 2856 Europe, Africa, Middle East - ECOPARC 2, 27400, Heudebouville, France, Tel: +33 2 32 09 36 36 Fax: +33 2 32 09 36 59

Web: www.intertek.com/consumergoods E-mail: [email protected] Disclaimer Intertek made all reasonable efforts to ensure the accuracy of the information. However, the information provided should not be relied upon as legal advice or regarded as a substitute for legal advice. The reader should exercise his own care and judgment before relying on this information in any important matter. Copyright © 2010 Intertek Group. All Rights Reserved.



Latin America - 8300 N.W. 53rd

Street, Suite 400, Miami, FL 33166, Tel: +1 305 513 3000 Fax: +1 305 513 2856 Europe, Africa, Middle East - 91 Rue Du General De Gaulle, 27100 Le Vaudreuil, France, Tel: +33 2 32 09 36 36 Fax: +33 2 32 09 36 59


Home Textiles (above 12 years of age)

When do products need to comply?

When is GCC enforced / required?

Surface Flammability of Carpets and Rugs (16 CFR 1630/1631)

Now Stayed** (except that the continuation of the stay of enforcement does not extend to

guarantees under the Flammable Fabrics Act)

Flammability of Mattress Pads (16 CFR 1632)

Now For products manufactured after February 10, 2010

Flammability (Open Flame) of Mattress Sets (16 CFR 1633)

Now For products manufactured after February 10, 2010


Footwear (above 12 years of age)



Flammability of Clothing Textiles (16 CFR 1610) – only if consisting of hosiery in whole or in part, and is affixed to or forms an integral part of another garment

Now Stayed** (except that the continuation of the stay of enforcement does not extend to

guarantees under the Flammable Fabrics Act)


Wearing Apparel* (Children) When do products need to comply?


Lead in Paint: Limit of 90 ppm Now Now

Lead in Substrate***: Limit of 300 ppm

Now February 10, 2011

Limit drops to 100 ppm (if technologically feasible)

August 14, 2011 (retroactive)

August 14, 2011****

Phthalates: Limit of 0.1% in child care articles

Now Stayed**

Flammability of Clothing Textiles (16 CFR 1610)

Now Stayed** (except that the continuation of the

stay of enforcement does not extend to guarantees under the Flammable Fabrics Act)

Flammability of Vinyl Plastic Film (16 CFR 1611)

Now Stayed** (except that the continuation of the

stay of enforcement does not extend to guarantees under the Flammable Fabrics Act)

Flammability of Children’s Sleepwear (16 CFR 1615/1616)

Now Stayed**

* Refer to the Flammable Fabrics Act (FFA) and respective flammability regulations for products covered by the Act.






** For GCC and third-party testing stayed, until 90 days after the Commission issues notices of accreditation of laboratories for testing.

*** Please refer to CPSIA for exemptions from lead in substrate testing

**** Third party testing and certification are prospective at this point of time

Apparel Accessories – bags, backpacks, etc. (Children)








August 14, 2011****


Now Stayed**




Home Textiles (Children) When do products need to comply?







August 14, 2011****


Now Stayed**

Surface Flammability of Carpets and Rugs (16 CFR 1630/1631)

Now Stayed** (except that the continuation of the stay


Flammability of Mattress Pads (16 CFR 1632)

Now Stayed**

Flammability (Open Flame) of Mattress Sets (16 CFR 1633)

Now Stayed**









Footwear (Children) When do products need to comply?







August 14, 2011****

Flammability of Clothing Textiles (16 CFR 1610) – only if consisting of hosiery in whole or in part, and is affixed to or forms an integral part of another garment

Now

Stayed** (except that the continuation of the stay of

enforcement does not extend to guarantees under the Flammable

Fabrics Act) ** For GCC and third-party testing stayed, until 90 days after the Commission issues notices of accreditation of laboratories for testing.



Please note:

Children’s clothing, textiles and accessories are exempt from small parts (16 CFR 1501) regulation, and therefore need not undergo mandatory third party testing or be represented on GCC. However, the products need to comply with small parts regulation in view of many CPSC recalls on small parts for choking hazards in children’s textile, apparel and footwear products.

CPSC Guideline for drawstrings on children’s upper outerwear (ASTM F1816) is still not a mandatory CPSC standard, and therefore need not undergo mandatory third party testing/evaluation or be represented on GCC. However, the products need to comply with CPSC drawstring guidelines in view of many CPSC recalls of products not complying with CPSC Guidelines for drawstrings.

Sharp point in children’s textiles, apparel and footwear products need not undergo third party mandatory testing or be represented on GCC. According to 16 CFR 1500.48, “the Commission will further evaluate points that are identified as presenting a potential risk of puncture or laceration injury to determine the need for individual product regulatory action.” However, it needs to be insured that the product does not have a sharp point.

Sharp edge in children’s textiles, apparel and footwear products need not undergo third party mandatory testing or be represented on GCC. According to 16 CFR 1500.49, “the Commission will further evaluate toys and other articles with edges that are identified as presenting a potential risk of laceration or avulsion injury to determine the need for individual product regulation.” However, it needs to be insured that the product does not have a sharp edge.

For any questions or queries, please contact your customer service representative or Seemanta Mitra – Director: Business Development & Technical Services

Email: [email protected]

Tel: +1.732.394.5374

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