Frequently Asked Questions (FAQs)

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These FAQs are unofficial descriptions and interpretations of various features of CPSIA and do not replace or supersede the statutory requirements of the new legislation. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action.

Definition of Children's Product Section 101: Children’s Products Containing Lead; Lead Paint Rule 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 of Durable Nursery Products Section 105: Advertising Requirements Section 108: Products Containing Certain Phthalates Section 231: Preemption Section 232: All-Terrain Vehicle Standard
Definition of Children's Product
	What is the definition of a children's product and how will the age cutoffs be determined?
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Section 101: Children’s Products Containing Lead;    Lead Paint Rule
	Will the CPSC consider exclusions for categories of products or materials based on age or other factors?
	Please clarify section 101(f)(3) regarding lead paint testing and whether small areas are exempt from testing.
	Once the ASTM F963-07 Toy Standard becomes mandatory, will toys need to be tested for lead and other heavy metals in paint according to F963-07 or according to 16 CFR § 1303.1 or both?
	Is compositing allowed for testing for lead in the surface paint/coating or in the substrates (that is the underlying materials that are painted or coated)?
	Under 16 CFR § 1303.2, electroplating is exempt from the ban on lead containing paint and similar surface coating materials, is this the same under the new statute? Would electroplating a substrate allow the substrate to be considered "inaccessible"?
	Does the new requirement for total lead on children's products apply to children's books, cassettes and CD's, printed game boards, posters and other printed goods used for children's education?
	Is compositing of plastics and other materials allowed in regards to lead testing in substrates?
	How will the new legislation affect previously issued CPSC guidelines on lead and are there any developments on the CPSC rulemaking activities on lead in children’s jewelry?
	Does packaging have to comply with the lead requirements? Does it matter if the packaging is intended to be reused (e.g., heavy gauge reusable bag with zipper closure to store a set of blocks)?
	In interpreting section 101(f) of the CPSIA and 16 CFR § 1303.1, to what does the 90 ppm lead in surface-coating limit apply?
	What furniture articles are exempt under CPSC regulations? Do the lead paint limits apply to furniture whether or not the furniture is intended for children?
	16 CFR part 1303 states that the liquid paint (e.g., a can of paint) must meet 600 ppm, I am curious as to how children’s products can meet 90 ppm unless the paint manufacturers lower the limit. Are the paint manufacturers required by law to meet 90 ppm?
	Can someone import a product that has lead based paint on it? The product in question is a type of "stilt" that professional painters use to reach high ceilings and walls.
	Do all children's products require testing for lead or is it only products with some type of surface coating? We sell products that are used in physical education classes (e.g. hula-hoops) that are made from polyethylene and are not painted or coated. Will this product require third-party testing and certification for lead content under the new CPSIA?
	When do the lead paint limits go into effect for children’s products?
	What certifications are required for children’s products that are tested for lead paint?
	When do the lead content limits go into effect for children’s products?
	What certifications are required for children’s products that are tested for lead content?
	If you have a “children’s product” with possible lead content, do you have to have a certificate on November 12, 2008, even though the lead rule is not effective?
	Are outdoor playground products covered by CPSIA section 101 lead limits?
	Will toys manufactured outside the United States be allowed to be imported to the US for lead testing or will the testing have to be performed outside the US (and pass the new standards) prior to being imported into the US?
	Would the pending legislation for lead limits in children's products apply to video game hardware sold/distributed in the U.S.?
	Does the CPSIA envision stuffed animals falling within the scope of the CPSIA’s lead limits or phthalate limits?
	How will the lead in substrate provision be applied to products like strollers, playpens and other juvenile products? Will it be applied to every single part, including rivets?
	Is the use of XRF analysis for compliance testing with regard to lead in substrates under consideration or will wet chemistry be the only method used for testing lead content in substrates?
	Can XRF technology be used to support general conformity certification as to lead paint or lead content limits?
	What test method is CPSC requiring for surface coating lead testing and total lead content testing? When will this information be provided?
	We sell craft materials, some packages of beads can have 12 or more colors of beads. Can we composite 3 or more colors at a time to test the beads?
	Are chemistry sets, science education sets and other educational materials excluded from the lead limits for content and paint and surface coatings if they bear adequate labeling under 16 C.F.R. § 1500.85?
	Are children’s art materials subject to the new lead limits?
	The tip on ball point pens are made from leaded brass and there is no source for materials as the lead in the brass is required to machine. Is it ok for children to use ball point pens?
	Although it is clear that the new lead standards for children’s products cover components as well as the final product, how will CPSC consider borosilicate enamels that are vitrified with the substrate to form a product such as a children’s mug? Would the borosilicate enamel need to meet the standard as if it were a component that is a distinct separate part of that product? Or would the standard apply only to the finished glass or ceramic item where the borosilicate enamel has been vitrified with the item itself?
	A bag factory in China has told me that the new requirement of lead content in the material for children’s bags (we are looking at backpacks specifically) is 300 ppm, effective August 14th. Is this a general requirement referred to in the CPSIA legislation or is there somewhere where bags and/or bag materials are referred to specifically? Is there a complete list of products that can be searched and then linked to specific rules for that product, testing requirements, etc.
	Do you have a complete timetable for Section 101 requirements?
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Section 102: Mandatory Third Party Testing for Certain Children's    Products    General Certification of Conformity
	Can electronic certificates be used to meet the requirements of Section 102 rather than paper?
	Who must issue the certificate?
	Must each shipment be "accompanied" by a certificate?
	Is the importer or U.S. manufacturer required to supply the certificate to its distributors and retailers?
	Must the certifier(s) sign the certificate?
	On what does my certification have to be based?
	Where must these certificates be filed?
	Will the CPSC review my products and determine for me: (a) whether new or previously existing regulations, standards or bans apply to my products; (b) whether I need a certificate of compliance; and (c) whether the product complies with all applicable laws?
	My company manufactures and imports various beds, as well as night stands, dressers, chest of drawers and mirrors. What certificate and/or testing requirements under section 102 of the CPSIA do I have to follow?
Section 102 Certification and the Poison Prevention Packaging Act
	Does the CPSC regulate children’s drugs and do they need to be certified to the new CPSIA standards?
	Does a dosing cup or similar device that accompanies a children’s drug need a certificate of compliance?
	Who must certify that a substance required to be in special packaging is properly packaged?
	Do bulk drugs sold to pharmacies need certificates of conformity?
	Do I have to certify my empty vials and caps?
	Do clinical trial drugs that go directly to the physician need a certification?
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Section 103: Tracking Labels for Children’s Products
	Are tracking labels required on domestically made products or are they only required for imported products?
	Will the tracking label requirement be met if premiums are labeled with a date of distribution, a production date and trademark information?
	Could hangtags and adhesive labels be used as tracking labels for textile-type items?
	The law requires manufacturers to start labeling product and packaging one year after enactment. Does that mean it would affect products manufactured for the 2010 retail season or that items in retail stores would already have to have tracking labels as of August 2009?
	Will the Commission be providing specifications or guidelines as to size, location and format of the tracking information required by section 103? Or as to the meaning of “to the extent practicable”?
	What information needs to be provided on the product to meet the tracking label requirements of section 103? Does section 103 of the CPSIA require that a manufacturer’s name be present on a tracking label?
	My company manufactures and imports various beds, as well as night stands, dressers, chest of drawers and mirrors. Are tracking labels required for furniture for children? Are these labels required for each piece of a bed, in one place after the bed is assembled, or in the box the product comes in?
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Section 104: Standards and Consumer Registration of Durable    Nursery Products
	Will infants’ crib bedding, blankets, bath textiles, and apparel fall under the heading of “durable product”?
	Are baby slings covered by section 104?
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Section 105: Advertising Requirements
	Will there be a petition process to extend the grace period for catalogues and other printed materials to comply with the requirements of section 105 of the CPSIA?
	What warnings are required to be posted on a company Internet website, and for which toys?
	Do the advertising requirements of section 105 of the CPSIA apply to toys manufactured for children under three years old, in which there are no choking hazards?
	How do we comply with the advertising warning requirements in catalogues and other printed materials? Will abbreviated warnings be permissible?
	With regard to Section 105 of the CPSIA’s advertising requirements for Internet toy sales, will the CPSC extend the December 12, 2008 deadline applicable to Internet advertisements?
	In our catalogue we have a page on which many, but not all, of the products require a choking hazard warning. May we put the complete choking hazard warning at the top of the page but specify which products it does not apply to?
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Section 108: Products Containing Certain Phthalates
	What kind of products does the phthalates prohibition apply to?
	Does the phthalate prohibition apply to inaccessible parts?
	Does the prohibition on phthalates apply to jewelry?
	Does the prohibition on phthalates apply to sporting goods?
	When does the phthalates ban go into effect for children’s toys and child care articles and does it apply to inventory in existence on February 10, 2009?
	If the phthalates ban only applies to products manufactured on or after February 10, 2009, how can consumers tell whether products do or do not contain phthalates?
	Is compliance to the limits of 0.1% for the six banned phthalates based on an analysis for all six regulated phthalates in combination or for each banned phthalate individually?
	How do you determine whether a product is a children’s toy for purposes of compliance with the phthalate limits?
	How do you determine whether a product is a child care article for purposes of compliance with the phthalates limits?
	How do I know whether a toy may be placed in a child’s mouth?
	Does the packaging of a product have to comply with the phthalates ban? Does it matter if the packaging is normally discarded (e.g. poly bag and blister packaging) or intended to be reused (e.g., heavy gauge reusable bag with zipper closure to store a set of blocks)?
	If a cosmetic material is used in a toy set which has play value would it be classified as a part of the toy and therefore subject to the ban on phthalates?
	May a manufacturer use a phthalate that is not banned or an alternative plasticizer in a children’s toy or child care article.
	Do the phthalate limits apply to children’s shoes or socks?
	Are personal flotation devices, such as life jackets, subject to the CPSIA? Specifically, are such products that are made for, and used by, children considered to be children’s products under the CPSIA?
	Would such items as pool toys and beach balls be considered children’s toys under the CPSIA?
	What certifications are required for children’s toys and child care articles subject to the phthalates ban?
	If you have a “children’s toy” or ‘child care article” with possible banned phthalates, do you have to issue a general conformity certificate on November 12, 2008, even though the phthalate ban is not effective?
	How will CPSC select members of the Chronic Hazard Advisory Panel (CHAP), and ensure that the members are independent and objective?
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Section 231: Preemption
	Do the new standards in the CPSIA, such as the new limits on lead-containing paint and lead content, phthalates and the like, preempt state laws that address the same risk of injury?
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Section 232: All-Terrain Vehicle Standard
	When does the mandatory standard go into effect?
	When is the deadline for manufacturers or distributors of ATVs to have an action plan on file with the Commission?
	Are ATVs subject to the requirements for general conformity certification under section 102(a)(1)?
	Are youth ATVs subject to the third party testing requirements of section 102(a)(2)? And if so, when?
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These FAQs are unofficial descriptions and interpretations of various features of CPSIA and do not replace or supersede the statutory requirements of the new legislation. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action.