Important News Flash

December 18, 2009

CPSC Extends Stay Of Enforcement For Testing And Certification Of Some Children's Products

The Consumer Product Safety Commission (CPSC) voted unanimously today to extend the stay of enforcement for testing and certification of some children's products until February 10, 2011. The original deadline was February 10, 2010. The products covered under this decision must still comply with existing applicable rules and bans. Click here to see which products are included. The commission also voted 4-1 to extend the stay on certification and third-party testing for children's products that are subject to lead limits under CPSIA until February 10, 2011.

As a member of the community subject to CPSC regulations, PPAI joined in a petition from The National Association Of Manufacturers (NAM) CPSC Coalition on Wednesday that called for the stay of enforcement. PPAI also participated in last week's CPSC workshop addressing issues relating to the testing, certification and labeling of products subject to regulations under the Consumer Product Safety Improvement Act.

Under today's decision, some children's products manufactured after February 10, 2010, will be required to have third-party certification beginning on that date. These include bicycle helmets, bunk beds, infant rattles and dive sticks.

Additionally, general certificates of conformity (GCCs) will not be required for children's products, but some non-children's products manufactured after February 10, 2010, will require GCCs. Click here to see which products will require them.

In another unanimous decision, the CPSC voted to allow domestic manufacturers and importers to have a choice when certifying products as meeting lead paint and lead content limits. Through the vote, the commission has adopted an interim enforcement policy that allows component part testing. Click here to see the certification options under the new policy.

Click here for additional product safety information from PPAI.  

October 27, 2009

Children’s Products: Updated Policies and Standards
CPSC Issues Statement of Policy

General Statement

Artistic Toy Manufacturing, Inc., a Pennsylvania Corporation, is focused on product safety and compliance.   All products manufactured by Artistic Toy and its suppliers are safe for all ages.  Products are made from all new materials, nylex fabric, no lead content, polyester stuffing, plastic bean filling, and the inks used are non-toxic.
Our products are made in compliance with all U.S. product safety guidelines as published by the Consumer Product Safety Commission (CPSC).  When products are shipped in from outside of the United States or into the State of California, further review of the regions requirements are preformed to ensure compliance with regulations like Proposition 65 or European Standards.

Internal Toy Safety Testing Procedures

Artistic Toy conducted independent lead safety testing of its plush toys within inventory on January 24, 2009 and disposed of a low number of products that exceeded the legal lead limits.

View the Artistic Toy Consumer Product Safety Testing Video to see a documentary of the testing performed.

Artistic Toy maintains the integrity of its “In-Stock Toy Line” product safety by engaging CPSC accredited testing laboratories to independently furnish safety reports on all the Consumer Product Safety Improvement Act (CPSIA) requirements.  This costly and additional level of testing is not required through February 10, 2010; however, Artistic Toy has phased in these independent test reports on its most popular products without passing on any price increases.

In-Stock Toys: Accredited Independent Testing Reports

1. Test Report - Pink Breast Cancer Bear
2. Test Report - Tan Peter Bear
3. Test Report - Brown Kirby Bear
4. Test Report - Black Reversible Bear Bull Puppet
5. Test Report - White Curly Bear
6. Test Report - 8" Aviator Kirby Bear

Artistic Toy maintains the integrity of its “Custom Toy” product safety by using suppliers, materials, inks, and sub-contractors who understand the CPSIA requirements and who will not produce products with risk of failing safety requirements set forth by the CPSIA.  Artistic Toy has decided not to increase the cost of products for the independent product safety testing due to economic conditions and customers feeling that these additional costs may make the product unaffordable and non-competitive. Artistic Toy encourages its clients to communicate the impact this standard will have on future order pricing.

Custom Toys: Accredited Independent Testing Reports

1. Test Report - Baby Paper
2. Test Report - Elise Cow
3. Test Report - Frigo Cheese Head
4. Test Report - Herbie Hot Pocket Toy

Relevant Resources

1. CPSIA Web Conference: "CPSIA - Distributor's Responsibilities"
   
2. U.S. Consumer Product Safety Commission: www.cpsc.gov
3. PPAI Product Safety: http://www.ppai.com/Member/productsafety.aspx

Frequently Asked Questions

Q1.  Are your toys compliant with CPSIA (Consumer Product Safety Improvement Act)?
A1.  Yes, our toys are made in compliance with CPSIA Safety Standards.

Q2.  Are your toys safe for kids?
A2.   Yes, toys are manufactured safe for all ages.  It is important to recognize that toys like other products may be used by children improperly if unsupervised.  Improper use could result in damage to the toy and harm to person using the product.

Q3.  Has my toy been tested for lead?
A3.  Artistic Toy has conducted independent lead testing and removed toys manufactured before February 9, 2009 from inventory that had traces of lead substrates higher than the legal limit.  See lead testing video above.

Q4.  Can you provide me with a certificate that these toys are safe?
A4.   The Consumer Product Commission (CPC) enacted the CPSIA on August 14, 2008, that required manufacturers to issue a Certificate of Compliance (COC) or General Conformity Certificate (GCC) for consumers effective February 9, 2009.  The CPC issued a 1 year “STAY” which has delayed the COC issuance until February 9, 2010.  Due to the delay in this issuance of the COC, it will become a non requirement because when the Stay has expired, the CPSIA requires an Independent Safety Testing Report from a CPC accredited agency and therefore certification from the manufacturer would be redundant and of less value of the independent accredited agency.

Q5.  How can I make sure these toys are safe?
A5.  The best way to ensure toy safety on your product is to order an Independent Toy Safety Report from an accredited laboratory. Artistic Toy has a working relationship with these laboratories and can manage this process for you or with you.

Q6. What do I need to know about labeling requirements in various states?
A6.  There are only 3 states (OH, MA, and PA) that require registration by the importer / manufacturer of record.  Artistic Toy is registered in those states.  We are required to print our name, city, state and zip code on the Sewn In Label (SIL).  We also must indicate the contents, origin, and materials used (ALL NEW).  We also distribute our toys to Canada and Europe so we make our tags standard to include registration numbers for Canada and the CE logo for Europe.  The latest labeling requirement is from the CPSIA which goes into effect for products manufactured after August 14, 2009. It requires the manufacturer to print a unique tracking number to trace back each individual product to the importer and factory in China that produced the toy.  This unique number for your toy is printed on the label.

Q7. Does my toy include a label?
A7. Yes.

Q8.  Do you have standard language for the label?
A8.  Yes. Click here to view.

Q9.  What are the "under 3 years" regulations and how are they affected by plastic eyes?
A9.  This legal requirement is from the American Society for Testing and Materials (ASTM) guidelines, which addresses warning labels for small parts that could be sharp or removed and become a choking hazard.  Plastic eyes are not considered removable and therefore not considered a sharp/choking hazard.

Q10. Do we need to send a sample toy to the regulators of certain states?
A10.  We do not need to send them a sample of each toy manufactured.  We sent regulators toy samples and catalogs along with our application to receive our registration number.

Q11. Is there an exemption for small quantities?
A11.  There are no exemptions for size of order, intended use, or resale.  If a product is commonly considered a children’s toy, the CPSIA requirements apply.

Q12. Do your toys meet the quality standards in all states?
A12.  Yes.

Q13. What are the two reasons why a product could need to be teste?
A13. 1. Stuffed Toy is perceived to be Children’s Product 2. Product will likely end up in the hands of a person under the age of 12.

Q14. What are the relevant regulations for the products you sell? Please specify by state and federal.
A14. CPSIA

Q15. Which industry standards apply to the products you sell?
A15. No promotional product industry standards; however ASTM are the industry standards that now have become law under CPSIA.

Q16. Do you abide by the process by which you ensure that the products you sell conform to these regulatory and industry standards?
A16. Yes.

Q17. Which third party laboratory do you currently use to evaluate products against regulatory requirements, when applicable?
A17. STR and AOV

Q18. When do you determine if products sold require third party laboratory testing?
A18. Based upon design elements and risk factors associated with product functions and components.

Q19. Describe the quality standards that are used by the manufacturing facilities of which you source the product?
A19. ISO compliance

Q20. How frequently do you audit the manufacturing factories you source from and what standards do you audit against?
Rely on compliance audits reports provided from outside company.

Q21. When conducting factory audits, do you also audit for child safety labor laws?
A21. Yes

Q22. If you do not conduct factory audits how are you assured that the factory you purchase directly or indirectly from, are aware of US regulation and ensure their products meet all of those standards?
A22. Review audit reports supplied and make periodic site visits.

Q23. How do you assure the traceability of the products you sell and their components?
A23. A unique lot number is printed and sewn to each product label to trace back to the factory of origin.

Q24. How can you assure the compliance to CPSIA of products manufactured before February 10, 2008?
A24. Independent examination of products within inventory.

Q25. How have you made your vendors aware of the CPSIA and other regulatory compliance laws?
A25. Hosted a web conference, updates on Company website, and Blog.

Q26. What do you do when a customer wants a product that does not meet requirements?
A26. Discuss the design elements in question and make recommendations to solve non-compliance issue.

Q27. How do you assure the quality of products you sell?
A27. Internal inspection, independent CPSIA testing reports, and education of employees on safety risk factors.

Q28. What process do you conduct to know what products need to be tested, either for regulatory or requirements?
A28. The design and prototype process reveals the need for testing.

Q29. Describe your procedure when one of the products you submit for testing does not pass some or all of the tests?
A29. Test reports are reviewed, discussion of failure components with testing laboratory, remediate in new sample, submit for re-test.

Q30. How do you verify the substrate/material of the products you source/manufacture?
A30. We interview subcontractors, request testing reports in their facilities, and include specific documentation on purchase order to verify no harmful substrate material is being used in the manufacturing process.