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Federal Safety Requirements Applicable to Children’s Products (US)

Consumer Product Safety Improvement Act (CPSIA)- Mandatory Testing

Finalized and enforced since 2009, as a follow up to the Children’s Safe Products Act, this consumer product safety law created by the CPSC addresses safety and third party testing and certification on lead, phthalates, toys, durable infant or toddler products, tracking labels, imported goods, and all-terrain vehicles (ATVs). The CPSIA defines the term “children’s product” as previously referenced above as “a consumer product designed or intended primarily for children 12 years of age or younger,” and generally requires that they:

“Comply with all applicable children’s product safety rules; Be tested for compliance by a CPSC-accepted accredited laboratory, unless subject to an exception; Have a written Children’s Product Certificate that provides evidence of the product’s compliance; and have permanent tracking information affixed to the product and its packaging where practicable. The CPSIA also requires domestic manufacturers or importers of non-children’s products to issue a General Certificate of Conformity (GCC). These GCC’s apply to products subject to a consumer product safety rule or any similar CPSC rule, ban, standard or regulation enforced by the Commission. Finally, the CPSIA lists special requirements in Section 104 for certain durable infant and toddler products, including cribs.”

zulily requires that all vendors and manufacturers comply with the Consumer Product Safety Improvement Act. The CPSC has created a very user friendly guide to advise on whether the Act is applicable to a particular product, and what steps need to be taken in order to be compliant. This can be found here: http://www.cpsc.gov/en/Business–Manufacturing/Business-Education/.

 

Children’s Product Certificates (CPCs)

Federal law requires that every children’s product subject to a federal consumer product safety requirement be tested by a CPSC-accredited laboratory to ensure compliance. With that, a children’s product certificate must be created and kept on file by zulily vendors, and upon request must be provided prior to shipping or PO issuance. For more information on CPCs, please visit: http://www.cpsc.gov/Business–Manufacturing/Testing-Certification/Childrens-Product-Certificate-CPC/.

For more information on what should be included on the CPC and third party testing, please visit:

http://www.cpsc.gov/Business–Manufacturing/Testing-Certification/Lab-Accreditation/Rules-Requiring-Third-Party-Testing/.

zulily has a template available on the Vendor Portal that should be used for all children’s products. This can be found as mentioned in the Cal Prop 65 section, under the “More” tab, and then “Documents,” and then click the “Compliance” tab. The template is an excel document as pictured here. If you utilize Intertek, zulily’s third party testing provider, a CPC will automatically be issued for you when you check the CPSIA testing checkbox on the test request form.

 

Lead Testing

zulily vendors must be compliant with lead limit levels and third party testing for both total lead content and lead in paint requirements as outlined by the CPSC, under The CPSIA. The lead limit levels as well as where to find more information can be found here:

Total Lead Content: 100ppm max

http://www.cpsc.gov/en/Business–Manufacturing/Business-Education/Lead/Total-Lead-Content/ .

Lead in Paint: 90ppm max

http://www.cpsc.gov/Business–Manufacturing/Business-Education/Lead/Lead-in-Paint/ .

 

Phthalates Testing

Phthalates are a group of chemicals that are used in plastics to make them soft and flexible. Phthalates are used in common household products including personal care items, cosmetic, automotive, and building products, as well as food and beverage packaging, and soft plastic toys for pets and children

The list below outlines the 6 chemicals that are banned in children’s products and children’s articles.

  • Di(2-ethylhexyl) phthalate (DEHP)
  • Butyl benzyl phthalate (BBP)
  • Di-n-butyl phthalate (DBP)
  • Di-isodecyl phthalate (DIDP)
  • Di-isononyl phthalate (DINP)
  • Di-n-octyl phthalate (DnOP)

More information can be found here: http://www.cpsc.gov/en/Business–Manufacturing/Business-Education/Business-Guidance/Phthalates-Information/ .

 

Bisphenol- A (BPA) Testing- Toxin Free Infants and Toddlers Act

The Toxin Free Infants and Toddlers Act prohibits the use of BPA in the manufacturing, sale or distribution of designated products for children ages 3 and under to contain any more than 0.1 parts per billion of BPA. Applicable products are any children’s bottle or cup that is designed or intended to be filled with any liquid, food, or beverage.

More information directly from the regulation can be found here: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1301-1350/ab_1319_bill_20110510_amended_asm_v97.html

“BPA Free” claims must be substantiated with a third party testing report on file and zulily reserves the right to request this information prior to shipment.

 

Tracking Labels

Products being sold on zulily that are designed or intended to be used by children age 12 or younger must have “distinguishing permanent marks (generally referred to as ‘tracking labels’) that are

affixed to the product and its packaging and provide certain identifying information.” Goods should be labeled prior to shipping. This requirement is in addition to the FTC labeling requirements. More information on what should be on the label, and the legal label requirement can be found here: http://www.cpsc.gov/en/Business–Manufacturing/Business-Education/tracking-label/

 

Federal Toy Safety Standard (ASTM F963 Requirements)

Third party testing and certification is required for all toys intended for children 12 years of age and younger in accordance with the Toy Safety Standard and ASTM F963 requirements being sold on zulily. This is a comprehensive standard that addresses numerous hazards that have been identified with toy products. Each section within the toy standard apply to different types of toys and only certain sections of the standard require third party testing. More information can be found here:  http://www.cpsc.gov/en/Business–Manufacturing/Business-Education/Toy-Safety/ASTM-F-963-11-Chart/

 

Items Requiring Third Party Testing Under ASTM F963, from the CPSC Website:

  • Surface Coating Materials – Soluble Test for Metals
  • Toy Substrate Materials
  • Cleanliness of Liquids, Pastes, Putties, Gels, and Powders (except for cosmetics and tests on formulations used to prevent microbial degradation)
  • Stuffing Materials
  • Sound Producing Toys
  • Small Objects (except labeling and/or instructional literature requirements)
  • Accessible Edges (except labeling and/or instructional literature requirements)
  • Projections
  • Accessible Points (except labeling and/or instructional literature requirements)
  • Wires or Rods
  • Nails and Fasteners
  • Plastic Film
  • Folding Mechanisms and Hinges
  • Cords, Straps, and Elastics
  • Stability and Overload Requirements
  • Confined Spaces
  • Wheels, Tires, and Axles
  • Holes, Clearances, and Accessibility of Mechanisms
  • Simulated Protective Devices (except labeling and/or instructional literature requirements)
  • Pacifiers with Rubber Nipples/Nitrosamine Test
  • Toy Pacifiers
  • Projectile Toys
  • Teethers and Teething Toys
  • Rattles with Nearly Spherical, Hemispherical, or Circular Flared Ends
  • Squeeze Toys
  • Battery-Operated Toys (except labeling and/or instructional literature requirements)
  • Toys Intended to Be Attached to a Crib or Playpen (except labeling and/or instructional literature requirements)
  • Stuffed and Beanbag-Type Toys
  • Toy Gun Marking
  • Certain Toys with Spherical Ends
  • Pompoms
  • Hemispheric-Shaped Objects
  • Yo-Yo/Elastic Tether Toys
  • Magnets (except labeling and/or instructional literature requirements)
  • Jaw Entrapment in Handles and Steering Wheels

 

Drawstrings

ASTM F-1816 Standard Consumer Safety Specification for Drawstrings on Children’s Upper Outerwear

Under ASTM F1816-97 states, “drawstrings at the hood and neck area of children’s upper outerwear in sizes 2T to 12 (or the equivalent) are prohibited. In addition, the length of drawstrings at the waist and bottom of children’s upper outerwear in sizes 2T to 16 (or the equivalent) has been limited to 3 inches outside the drawstring channel when the garment is expanded to its fullest width; such garments must be free of toggles, knots, and other attachments at the free ends of drawstrings. If a waist or bottom drawstring in upper outerwear sizes 2T to 16 (or the equivalent) is one continuous string, it must be bar tacked (i.e., stitched through to prevent the drawstring from being pulled through its channel).”

 

Children’s Sleepwear Flammability Standard

Under the Children’s Sleepwear Flammability Standard, 16 CFR 1615 and 1616, regulations have been set to ensure fire safety around children’s pajamas and tight fitting clothing from sizes 9 months to 14 years. Garments for children under size 9 months, and over size 14 must meet 16 CFR 1610 for wearing apparel flammability as referenced below. All sleepwear sold on zulily for children must pass this requirement and be tested by a third party testing provider. Vendors must maintain test reports and make them readily available to zulily upon request. More information on the requirements can be found here: https://www.cpsc.gov/PageFiles/103092/regsumsleepwear.pdf

 

Crib Mattress Flammability Standard

International Sleep Products Association (ISPA) in conjunction with the CPSC led an effort by crib mattress manufacturers to establish a new crib mattress safety standard. The standard requires that crib mattresses include a label with safety warnings about proper fit within a crib and warnings to help prevent Sudden Infant Death Syndrome (SIDS). ASTM F2933 – 13 is the standard, and vendors can work with third party testing providers to obtain more information, or visit the ASTM website here: http://www.astm.org/Standards/F2933.htm  More information on mattress flammability standards can be found here: http://www.sleepproducts.org/advocacy/federal-mattress-regulations/.

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