CPSC's Tenenbaum Discusses Toy Safety in Hong Kong
The Consumer Product Safety Commission has released Chairman Tenenbaum's keynote address at the January 11, 2012 Hong Kong Toys Industry Conference. During her remarks, Tenenbaum stated that while toy safety has made progress in Asia and the U.S. in 2011, the toy industry still has more work to do. She discussed her expectations of the toy industry in 2012, which include the concept of "safety by design" and highlighted the latest developments with the Consumer Product Safety Improvement Act (CPSIA).
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Says Progress Made in 2011 but Ports Still Finding Shipments of Violative Toys
Tenenbaum noted that 2011 represented the third consecutive year that toy recalls declined in the U.S. She noted that overall, the toy industry has made great progress in recent years. However, the toy industry still has more work to do as CPSC and Homeland Security inspectors at U.S. ports continue to detect and detain shipments that contain violative toys. These violations range from excessive lead and phthalates, to more small parts violations. With new resources and technologies aimed at identifying high risk shipments, she states CPSC is getting better at sampling and seizing violative products.
She stated CPSC has a stronger presence at the ports than ever before and is seeking additional funds to hire more staff to work at more ports. However, superior designs and fewer manufacturing defects will lead to fewer seizures at U.S. ports and fewer recalls.
Encourages Chinese Toy Companies to Abide by "Safety by Design" Concept
Tenenbaum referenced a 2008 study published in Canada which found that 71 percent of toy recalls in the U.S. over a 20-year time period have been related to design problems and not to manufacturing problems. She stated toy companies can ensure that they meet CPSC rules and requirements by ensuring that all products are designed safely.
With nearly 90 percent of all toys imported into the U.S. coming from China, she stated it is in Hong Kong and mainland China where the final design has to be right every time. As standards have been enhanced, focus needs to be on building safety into the design of toys. Before manufacturing and assembly begins, she stated it is vital that toy companies design out potential health and safety risks in every model.
Says CPSC Favors Prevention & Education over Reaction and Recall
According to Tenenbaum, CPSC has renewed efforts to be "a regulator that favors prevention and education over reaction and recall." She stated that the toy industry and CPSC should continue to work cooperatively to prevent injuries. She stated responsibility starts with the manufacturers and exporters but that everyone in the supply chain needs to understand the new toy safety requirements and to be able to communicate them downstream, as well as to the public.
Highlighted Latest Certification, 3rd Party Test Requirements Under CPSIA
Tenenbaum also briefly highlighted the latest developments with the CPSIA:
- Stays lifted on testing & cert requirements. On January 1, 2012, CPSC lifted its two-year-old stays of enforcement for the testing and certification requirements for lead content, phthalates, and ASTM F963. Independent, third-party testing is now required and in effect for these toy safety rules. Additionally, while many U.S. manufacturers and retailers have required the Chinese toy industry to adhere to and test to these rules even with the stays in place, tested imported toys now must be accompanied by a certification of compliance. (See ITT's Online Archives 11120820 for summary.)
- New version of ASTM F963 published. The ASTM F963 subcommittee has recently approved and published a 2011 version of their standard that, under the CPSIA, CPSC can accept and turn into an updated mandatory standard. Once CPSC accepts the new version of the standard, it will issue new notices of requirements. The new version of the standard includes upgraded limits on cadmium and other toxic metals in both surface coatings and substrates.
- Continuous & part testing rules approved. In October 2011, CPSC approved the continuous third-party testing for all toys and children's products, which goes into effect early next year. CPSC also approved the final component part testing rule. (See ITT's Online Archives 11110925 for summary.)
- Small batch mfr & other amendments made. In August 2011, the President signed into law amendments to certain parts of the CPSIA which established a pathway for small batch manufactures to gain some relief from some of the third-party testing requirements. It also made the 100 ppm total content lead limit to be applied prospectively only -- not retroactively -- for retailers and resellers. (See ITT's Online Archives 11122709 for summary.)