Consumer Product Safety Improvement Act of 2008
The Consumer Product Safety Improvement Act of 2008 was legislated on 14 August 2008 thatregulates the manufacturing and testing of imported consumer goods in the US.
The new Consumer Product Safety Improvement Act, due to be in force by stages, requires
mandatory third-party testing of products intended for children aged 12 and under covering a
broad spectrum of product categories, including toys, furniture, baby cribs, pacifiers, children’s
metal jewellery, baby carriers, high chairs, strollers, walkers, swings and cradles.
The Act will ban the sale of consumer products that contain excessive amount of following
substances by the respective effective dates:
- Total lead content by weight for any accessible part of children’s product through
reasonably foreseeable use and abuse e.g. swallowing, mouthing, breaking, or other
children’s activities, and the aging of the product:
o more than 600ppm (beginning 10 February 2009);
o more than 300ppm (beginning 14 August 2009);
o more than 100ppm (beginning 14 August 2011);
- Lead in paint and surface coating in max concentration of 0.009% or, more than 2μg
of lead in a total weight ≤ 10mg of paint or other surface coating or in a surface area ≤
1cm2 (beginning 14 August 2009);
- Phthalates (DEHP, DBP or BBP) in concentrations exceeding 0.1% by weight of
children’s toy or childcare article, or phthalates (DINP, DIDP or DnOP) in
concentrations exceeding 0.1% by weight of children’s toy that can be placed in a
child’s mouth or childcare article (beginning 10 February 2009).
The Act also specifies ASTM F963-07 Consumer Safety Specifications for Toy Safety as
mandatory standard under the Consumer Product Safety Act and demands rulemaking process for
12 specified durable nursery products for use by children under the age of five years.
The Act further requires that children’s product and its packaging should come with a tracking
label that allows officials to trace a product back to its factory in the event of a recall. Any
advertisement for direct marketing shall carry appropriate cautionary statement for product that
requires such information.
Civil penalties for violation of any CPSC regulations are increased from US$5,000 to
US$100,000 for individual violation or up to US$15 million for violations involving multiple
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