CPSC Finding Problems at Ports, Looking at Toy Cadmium Limit, May Rethink Small Parts, Etc.

Record Sampling Year Finds Problems with 55% of Products Tested

The Chairman stated that 2010 was a record year at CPSC for samples collected at ports and samples found to be violative (more than 55% of the products that it sampled were violative or dangerous to consumers). She says this was no accident as the agency is committing more resources and more sophisticated technology to its import surveillance effort. She emphasized that CPSC is “getting better at catching the bad imports, so that the good ones can flow through the system faster.”

Third-Party Testing and Certification for Lead Paint Has Lead to Fewer Recalls

The Chairman did not discuss Consumer Product Safety Improvement Act of 2008 (CPSIA) testing and certification much, saying that she would address this “source of concern” in question and answer sessions after her speeches. However, she did state her belief that the CPSIA third-party testing and certification requirements have helped contribute to the noticeable reduction in lead paint-related recalls. She also stated that CPSC staff has been working hard to recognize accredited labs that can test for many other CPSC requirements.

Assessing if Limiting Cadmium in Toy Coatings is Adequate, May Broaden to Substrate & Other Products

In order to stay ahead of potential issues with cadmium, instead of reacting as it did with lead, CPSC is now focusing on the standards for cadmium. Because the CPSIA made the ASTM F963 toy standard mandatory, there is now a limit on cadmium’s use as a surface coatings on toys.

However, scientists at CPSC are assessing whether the surface coating limit of 75 parts per million of cadmium in toys is adequate; are working with the ASTM voluntary standards group for toys to establish a new extraction limit for cadmium in the substrate of toys; and are assessing whether cadmium limits should be set for other products.

Antimony, Arsenic, Barium, Mercury, Chromium & Selenium Next on CPSC’s Agenda

Tenenbaum stated that other heavy metals such as antimony, arsenic, barium, mercury, chromium, and selenium are in CPSC’s sights as these are bad metals for children and there is no good reason to use them or allow them to be introduced into the manufacture of toys or other children’s products. She called upon all manufacturers, importer, exporters, and retailers of children’s products to take the necessary steps to ensure that final products do not contain these metals.

Just as with cadmium, the CPSIA set requirements limiting the use of antimony, arsenic, barium, mercury, and chromium in surface coatings on toys, because the CPSIA made the ASTM F963 toy standard mandatory. However, Chairman Tenenbaum made it clear that she intends to explore ways for the U.S. to go beyond the ASTM surface coating requirements for these metals.

To this end, CPSC staff is actively engaged in scientific work aimed at putting the agency in a leadership role to address these dangerous metals.

Small Parts Regulations May No Longer Be Adequate

Chairman Tenenbaum stated that there are child safety organizations in the U.S. who no longer believe the U.S.’ 30 year old small parts regulations are adequate, as there have been recent incidents of children choking to death or nearly choking on parts of toys that were slightly longer than the current requirement. She noted her worry that some manufactures simply “label away the risk” that small parts can pose to young children, instead of working to remove such risks in the first place. She stated that if the agency decides a fresh look at this issue is needed, she will not hesitate to ask CPSC’s cadre of experts in child behavior and physiology to provide a recommendation.

Continuing to Consult Stakeholders on Feasibility of 100ppm Lead Limit

Tenenbaum noted that the Consumer Product Safety Improvement Act of 2008 (CPSIA) mandates that the total lead content limit in children’s products drop to 100 parts per million in August 2011, except where the Commission finds that a 100 ppm limit is not technologically feasible. She stated that CPSC has already solicited and will continue to solicit comments and insights from key stakeholders, on the issue of technological feasibility “prior to making its final decision.”

(See ITT’s Online Archives or 01/14/11, 11011422, for BP summary of a possible Feb 17, 2011 CPSC public hearing to gather more information on the feasibility of the 100ppm limit.)

CPSC and Hong Kong Customs Dept. Signed MOU on Info Sharing, Training

The Chairman announced that during her trip, she signed a new memorandum of understanding with Hong Kong Commissioner Yuen of the Customs and Excise Department. Under the MOU, CPSC and the government of Hong Kong have pledged to share vital safety information, exchange technical resources, and work together on training. She believes this MOU is important because the more violative products that can be screened and stopped before being exported, the greater the level of safety provided to the marketplace.

CPSC to Focus on Rising Markets in Vietnam, Bangladesh

CPSC knows that there is a small shift occurring, a shift that is leading certain manufacturing sectors to transfer some of their factories to countries like Vietnam and Bangladesh. The agency is ready to partner with these countries so that the import problems it has already experienced do not materialize again. By partnering with foreign regulators, CPSC can boost efforts to develop effective product surveillance strategies, product testing methods, and voluntary and mandatory product safety standards.

Second speech, dated 01/12/11, available here.