CPSIA is a landmark regulation in consumer product safety that provides new important standards and enforcement tools for CPSC to revise and optimize several rules (including the Consumer Product Safety Act). CPSIA mainly includes provisions related to lead, phthalates, toy safety, durable infant or toddler products, third-party testing and certification, tracking labels, imports, all-terrain vehicles (ATVs), civil and criminal penalties, and more. It also provides a public, searchable database for hazard reports. CPSIA further repeals a controversial funding restriction and increases the number of CPSC commissioners from 3 to 5.
On August 14, 2008, U.S. President Bush officially signed the Consumer Product Safety Improvement Act (CPSIA/HR4040) into law. This act is the strictest consumer protection law since the establishment of the Consumer Product Safety Commission (CPSC) in 1972. In addition to stricter lead content requirements in children’s products, the new law also imposes new limits on harmful phthalates in toys and childcare articles. Furthermore, it mandates the creation of a public consumer product safety database and requires that certain children’s products have testing reports from independent third-party laboratories approved by the commission before being imported into the U.S.
CPSIA affects all industries involved in producing, importing, and distributing toys, clothing, and other children’s and childcare products in the U.S. All manufacturers must ensure that their products comply with all provisions, bans, standards, or rules under this act. As of April 25, 2018, CPSIA effectively prohibits the use of eight different phthalates in children’s toys and childcare articles if their content exceeds 0.1%. The banned phthalates are:
1. Di(2-ethylhexyl) phthalate (DEHP)
2. Dibutyl phthalate (DBP)
3. Benzyl butyl phthalate (BBP)
4. Diisononyl phthalate (DINP)
5. Diisobutyl phthalate (DIBP)
6. Di-n-pentyl phthalate (DPENP)
7. Di-n-hexyl phthalate (DHEXP)
8. Dicyclohexyl phthalate (DCHP)
CPSIA also requires domestic manufacturers or importers of non-children’s products to issue a General Certificate of Conformity (GCC). The GCC applies to products subject to consumer product safety rules or similar rules, bans, standards, or regulations enforced by the CPSC.
For testing, only laboratories authorized and accredited by the U.S. Consumer Product Safety Commission (CPSC) can perform CPSIA-compliant testing. The list of authorized labs is available on the CPSC website. Moreover, since CPC certificate testing involves many chemical tests that depend on the materials used, the more materials a product contains, the higher the cost. According to chemical testing rules, even different colors of the same material require separate tests. Therefore, it is recommended that sellers test raw materials directly to avoid redundant charges and unnecessary procedures.
CPSIA defines the term "children’s product" and outlines the general requirements as follows:
1. Compliance with all applicable children’s product safety rules.
2. Conformity testing conducted by a CPSC-recognized laboratory, unless exceptions apply.
3. A written Children’s Product Certificate providing evidence of compliance.
4. Permanent tracking information affixed to the product or its packaging.
CPSIA (HR4040) requirements for lead and phthalates include:
Section 101: Lead in children’s products; regulations for lead-containing paint
Section 102: Mandatory third-party testing for certain children’s products
Section 103: Tracking labels for children’s products
Section 104: Standards and consumer registration for durable infant products
Section 105: Labeling requirements for toy and game advertising
Section 106: Mandatory toy safety standards
Section 107: Research on preventable minor injuries and deaths related to consumer products
Section 108: Ban on products containing certain phthalates
cpsia certification testing is divided based on material type:
Metal materials: Mainly tested for total lead content
Non-metal materials: Tested for both total lead content and phthalates
Since November 2008, CPSIA certification has expanded its scope with stricter standards. It mainly covers:
1. Children’s toys
2. Beds
3. Walkers
4. Strollers
5. Learning tools
Specific tests include:
1. Lead content in toys/children's products and paints/coatings
2. Small parts testing for choking hazards
3. Rubber/soothers
4. Cribs with guardrails
5. Children’s metal jewelry
6. Inflatable jumpers, baby walkers, jump ropes
1. Identify product testing requirements
2. Fill in the testing application form, provide product information, and determine applicable standards
3. Sample shipment and receipt: the applicant arranges shipment
4. China JJR Laboratory conducts product testing
5. If the test is passed, a report is issued
For standard children’s products, CPSIA certification testing usually takes about one week. Complex products may require more time.
CPSIA expanded the scope of products requiring testing and certification. All products regulated under standards, bans, or enforcement rules established by CPSC under this act must be tested and certified. This requirement took effect on November 12, 2008.
CPSC will recognize laboratories directly or designate independent accrediting bodies to recognize them. However, laboratories controlled by children’s product manufacturers must be approved by CPSC.
Starting one year after the law took effect (August 14, 2009), manufacturers of children’s products must affix permanent, clear, and visible markings on products and packaging to enable consumers to identify the manufacturer’s name, production date and location, and other related production details, ensuring traceability.
Unless a product meets applicable safety requirements or standards, advertisements or product labels and packaging must not contain claims relating to consumer product safety laws or voluntary safety standards.
As the law continues to be implemented, requirements may be updated and refined—stay informed. In addition to federal cpsia compliance, be aware of individual state-level requirements such as California Proposition 65 and other regulations like ASTM toy safety standards or FCC rules for electronics, along with federal restrictions on hazardous substances.
The following are examples of toy products that have been tested by China JJR Laboratory, along with their material types:
1. Red Pigment– Material Type: Pigment
2. Balloon– Material Type: Polymer
3. Colored Cardboard– Material Type: Paper and Cardboard
4. Colored Clay– Material Type: Soft Modeling Material
5. Glue– Material Type: Coating
6. Colored Tape– Material Type: Polymer
7. Tangram Puzzle– Material Type: Polymer
1. Flammability testing
2. Electrical safety
3. Toy safety
4. Hazardous substance limits
1. Preliminary assessment
2. Preparation and submission of documentation
3. Full test process tracking
4. Report interpretation
5. Data analysis and corrective recommendations
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