CPSIA (HR 4040) – Implementation Update

International Coatings' President, Steve Kahane has some important updates regarding the new Phthalate and Lead regulations:

"Here’s a bit of good news!  Due to the continuing controversy surrounding the implementation of the testing and certification requirements of the Consumer Product Safety Improvement Act (CPSIA), the Consumer Product Safety Commission (CPSC) recently announced that it is extending the stay of enforcement for lead and phthalate testing and certification.  The stay was originally due to expire on February 10, 2010. 

By way of quick background, the CPSIA of 2008 was a response by the federal government to toys being sold that contained substances deemed harmful or potentially harmful to babies and small children.  The CPSIA focuses on two of those substances - lead and phthalates.   (For more info, you can go to our Phthalates page).

Lead in screen print inks is really not a major issue in the U.S.  International Coatingsand other major, reputable ink manufacturers in the U.S. stopped using leaded pigments for its general product range many years ago, and their inks comply with the most stringent lead levels in the CPSIA.  So, the issue with lead centers around the additional burden and costs associated with testing and certification. 

In addition to lead, the CPSIA restricts the use of six phthalates in toys and child care articles.  International Coatings, last year began converting its entire ink line, with the exception of a select few products, to phthalate compliant formulations.  In addition, International Coatingshas significantly bolstered its non-phthalate and non-PVC ink product offerings.  As with lead, the big issue surrounding phthalates at the moment is testing and certification.

The Consumer Product Safety Commission (CPSC) recognized the heavy burden its testing and certification requirements placed on printers and apparel manufacturers.  Early last year, the Commission issued a stay of enforcement for these requirements.  It is this stay that was due to expire and is now being extended.  The CPSC has extended the stay for lead testing and certification for one more year – until February 10, 2011.  Compliance with the law is still required, but testing and certification is not during the stay.

The situation with phthalates is slightly more complicated.  The CPSC is extending the stay for phthalates until 90 days after the CPSC publishes the lab accreditation requirements for phthalate testing in the Federal Register.  It’s anyone’s guess when that might be - the CPSC has not indicated when to expect the announcement.   The uncertainty is likely due, in part, to the problems many labs are having with the phthalate analyses.  It appears that the labs cannot accurately and reliably differentiate between the restricted and compliant phthalate compounds.  There are many false ‘positives’ being reported resulting in a lot of confusion.

For more information on the CPSIA and its requirements, visit the CPSC web site at www.cpsc.gov."