Focus on Games, Puzzles and Toys Anne Lardner-Stone, PPAI / Public Affairs Director Susan DeRagon, UL-STR / PPAI Product Safety Consultant Haley Will, UL-STR / PPAI Product Safety Consultant

This information is being furnished by PPAI for educational and informational purposes only. The Association makes no warranties or representations about specific dates, coverage or application. Consult with appropriate legal counsel about the specific application of the law to your business and products.

Regulations include Consumer Product Safety Improvement Act (CPSIA) Federal Hazardous Substances Act (FHSA) Consumer Product Safety Act (CPSA) ASTM F963 US State Legislation

Consumer Product Safety Improvement Act (CPSIA) • • • • •

•

Signed on August 14, 2008 Result of 2007 “Year of the Recall” Comprehensive overhaul of consumer product safety rules Added significant new requirements for children’s products Requires certification of product compliance Enhanced CPSC authority / reform

Definitions Consumer Product – any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation or otherwise Children’s Product – a consumer product designed or intended primarily for use by children 12 years of age or younger Children’s Toy - a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays

Key CPSIA Requirements • Section 101 – Children’s Products Containing Lead; Lead Paint Rule • Section 102 – Mandatory Third Party Testing for Certification of Certain Children’s Products; General Conformity Certificate • Section 103 – Tracking Labels for Children’s Products • Section 106 – Mandatory Toy Safety Standards • Section 108 – Prohibition on Sale of Certain Products Containing Specified Phthalates

Lead Containing Paint/Surface Coating Applies to (i) paint and other similar surface coatings; (ii) toys and other articles intended for use by children; and (iii) certain furniture articles Paint and other similar surface coating defined as a liquid or semiliquid product that change to a solid film when you apply a thin coating to wood, stone, metal, cloth, plastic or a similar surface Allowable limit of 90 ppm Composite and component testing are allowed HD XRF or wet chemistry test methods are acceptable Example: paint on die

Lead Content Applies to all accessible component parts of children’s products (including games, puzzles and toys) Allowable limit of 100 ppm Composite and component testing are allowed

Example: white plastic of die

Mandatory Third Party Testing and Certification

As of January 1, 2012, third party testing is required on essentially all children’s products for all tests List of CPSC recognized accredited third party labs can be found at www.cpsc.gov.

ASTM F963-11, Toy Safety Standard Applies to all toys designed for use by children under 14 years of age Comprehensive toy safety standard that addresses numerous hazards that have been identified with toys Includes heavy metal requirements for substrates and surface coatings

ASTM F963-11, Toy Safety Standard To access the toy safety standard, visit www.astm.org You can view a brief description of the toy safety standard, a table of contents of the standard's sections, and a list of products that are not covered by the toy safety standard

Phthalates Chemical plasticizers often used in the production of many types of plastic to make plastics softer and/or more pliable Applies to accessible components of toys and child care articles Permanent Ban: DEHP, DBP, BBP is any amount greater than 0.1 % Interim Ban: DINP, DIDP, DnOP in any amount greater than 0.1 % Interim banned phthalates limits apply to children’s toys that can be placed in a child’s mouth whereas the permanent ban applies to any children’s toy Composite / component testing is allowed

Tracking Labels Children's products that are designed or intended primarily for use by children 12 years of age or younger must have distinguishing permanent marks that are affixed to the product and its packaging A tracking label must contain certain basic information, including: • the name of the manufacturer or private labeler; • the location and date of production of the product; and • detailed information on the manufacturing process, such as a batch or run number, or other identifying characteristics

Tracking Labels U.S. manufacturer or importer is responsible for tracking label Two tracking labels may be required in some cases •

Tracking label for the product

•

Tracking label for the imprint applied

PPAI Tracking Label System http://productsafety.ppai.org/

Tracking Labels Considerations for games and puzzles Only major component and packaging needs to be marked Examples: Mark the game box and the game board, not all components of the game need to be marked Mark the puzzle box, not all puzzle pieces need to be marked

Federal Hazardous Substances Act (FHSA) Code of Federal Regulations (CFR) -

Use and abuse testing for children’s products

-

Flammability requirements for children’s products

Bans certain products that are dangerous or hazardous Requires labeling of hazardous substances that alerts consumers of the potential hazard Federal Hazardous Substances Act, 16 C.F.R. Part 1500 at http://www.cpsc.gov

US State Legislation Illinois Lead Poisoning Prevention Act A warning statement is required for the following: Toys containing paint if lead content in their surface coatings is >40 ppm and < or = 90 ppm Children's Jewelry if lead content in their surface coatings is >40 ppm and < or = 90 ppm or in their substrates is >40 ppm and < or = 100 ppm; Child Care Articles if lead content in their surface coatings is >40 ppm and < or = 90 ppm or in their substrates is >40 ppm but < or = 100 ppm; Other Lead Bearing Substances (including Adult items) if lead content in their surface coatings or substrates is >600 ppm.

Illinois Lead Poisoning Prevention Act The warning statement must appear on the product itself or the product’s immediate container and must include the following wording: “WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED. MAY GENERATE DUST CONTAINING LEAD”

NERC Toxins in Packaging Developed in 1989 to reduce the amount of four heavy metals in packaging components distributed in the United States As of July 2004, legislation had been adopted by nineteen states CA, CT, FL, GA, IL, IA, ME, MD, MN, MS, NH, NJ, NY, PA, RI, VT, VA, WA, WI

The sum of the concentrated levels of incidentally added Lead, Mercury, Cadmium and Hexavalent Chromium present in any packaging component cannot exceed 100 ppm

NERC Toxins in Packaging What are packaging materials? • Master shipping cartons • Individual product packaging (gift box, plastic bag, header card, blister pack etc.) • Components used on shipping cartons (glue, tape, inks, staples, stickers etc.)

NERC Toxins in Packaging Who is responsible? • Manufacturers of packaging and packaging components • Suppliers of packaging and packaging components • Product manufacturers or distributors who use packaging

Washington Children’s Safe Products Act List of 66 Chemicals currently DOE is evaluating tris(1,3-dichloro-2-propyl)phosphate (TDCPP)

Company must report to DOE if: Any of the chemicals is intentionally added and serves an intended function and is higher than PQL Any of the chemicals are present as a contaminant > 100 ppm

Reporting started August 31, 2012! Manufacturer Product Product Product Product categories Tier 1 Tier 2 Tier 3 Tier 4 Largest

8/31/12

2/28/13

8/31/13 case-bycase

Tier

Product Type

Larger

2/28/13

8/31/13

8/31/14 case-bycase

1

products intended to be put in mouth or applied to a child’s body

Medium

8/31/13

8/31/14

8/31/15 case-bycase

2

Small

8/31/14

8/31/15

8/31/16 case-bycase

products intended to be in prolonged contact with skin

Smaller

8/31/15

8/31/16

8/31/17 case-bycase

3

products intended to be in short contact with skin

Tiny

8/31/16

8/31/17

8/31/18 case-bycase

4

products with no skin contact

California Proposition 65 Requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm Requires businesses to provide “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical Intended to help Californian’s make informed decisions about protecting themselves from exposure to certain chemicals

California Proposition 65 The list of chemical known to cause cancer, birth defects or other reproductive harm can be found at www.oehha.ca.gov Confirm with manufacturer/supplier that none of the chemicals have been intentionally added Most common tests for toys, games and puzzles: • Lead in PVC and soft plastics • Phthalates in PVC and soft plastics

Plastic Bag Suffocation Warning Labeling and warning requirements for certain plastic bags California, Massachusetts, New York, Rhode Island and Virginia "WARNING: To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriages or play pens. This bag is not a toy."

Stuffed Toy Labeling Massachusetts, Ohio, Pennsylvania Stuffed toys and dolls for the states of PA, MA and OH must conform with the stuffed toy licensing and labeling laws

Manufacturers must register and pay fees must be paid to each state

Stuffed Toy Labeling Manufacturers must submit detailed information about the filler content of the toy Specimens of each toy selected at random Uniform sewn in label to comply with all three states must contain: • PA license number of manufacturer or vendor

• Name and principal place of business of the manufacturer or vendor • Statement that “all new materials” (with type of material)

Ban on Yo-Yo Water Balls Illinois, New Jersey, New York Sale or distribution of yo-yo water balls is prohibited

What if the toy, game or puzzle is not for children? Comply with applicable state regulations • Illinois Lead Poisoning Prevention Act • California Proposition 65

Product Safety Resources PPAI: www.ppai.org Product Safety powered by PPAI: http://www.ppai.org/productsafety

Consumer Product Safety Commission: www.cpsc.gov ; www.recalls.gov American National Standards Institute: www.ansi.org or www.astm.org UL-STR: www.STRQuality.com Questions? [email protected]