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CPSC Looking to Reduce Third-Party Testing Burden for Children’s Products

Tuesday, April 16, 2013
By Shawn McCausland
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission is seeking no later than June 17 information that could be used to ease the requirement for certain children’s products to be tested by a third-party CPSC-accepted laboratory for compliance with applicable safety rules.

The CPSC is seeking data and information on whether there are materials used in the manufacture of certain children’s products that can be determined not to include a prohibited element or chemical such that third-party testing is not required. These products and the associated prohibited elements or chemicals are toys (antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium), toys and child care articles (the phthalates DBP, BBP, DEHP, DnOP, DINP and DIDP), manufactured woods such as particle board, medium-density fiber board and plywood (lead), and synthetic food dyes (lead). The CPSC is particularly interested in information on the following.

- the chemicals and raw materials used in manufacturing a specific product or component part and their typical or possible concentrations of the prohibited substances

- the extent to which recycled materials or other materials (such as plastic color concentrates or other additives) with potentially variable concentrations of the prohibited substances are used in manufacturing a specific product or component part

- the manufacturing processes and conditions (such as potential sources of contaminants) that could increase the concentration in the product or material of the prohibited substances

- the possibility that variations among worldwide manufacturers in their use of raw materials and processes could impact manufacturers’ ability to meet consistently the concentration limits for the prohibited substances

- other relevant factors that could impact the concentration of the prohibited substances in products or materials

The CPSC is also requesting information on materials that do not and will not contain the prohibited substances in concentrations above their applicable maximum limits.

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