Common Violations Identified at Import
CPSC staff stationed at Ports of Entry throughout the country are working daily to protect consumers by ensuring violative and hazardous products do not make it into U.S. commerce. Below are some of the most common violations that CPSC investigators encounter.
Lead in Children’s Products (Including Paint)
All accessible component parts of a children's product must comply with the lead content limit of 100 parts per million (ppm). Paint and similar surface coating materials for consumer use must comply with a mandatory federal consumer product safety rule, the Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint. This requirement protects children from ingesting high levels of lead, which can lead to poisoning in children.
The toy safety standard refers to ASTM F963-17, as incorporated with a modification shown in 16 CFR Part 1250. All children’s toys manufactured or imported on or after February 28, 2018, must be tested and certified to ASTM F963-17.
ASTM F963-17, The Standard Consumer Safety Specification for Toy Safety, is a comprehensive standard addressing numerous hazards that have been identified with toys. In 2008, the Consumer Product Safety Improvement Act of 2008 (CPSIA) mandated that the voluntary toy safety standard in effect at that time become a nationwide mandatory children's product safety rule.
Preventing the importation of products containing small parts prevents deaths and injuries to children under three from choking on, inhaling, or swallowing small objects they may “mouth.” ICPSC enforces a ban on toys and other articles that are intended for use by children under three years old and that are or have small parts, or that produce small parts when broken.
Children’s sleepwear is any article of clothing, such as a nightgown, pajama, robe or loungewear, that is sized above nine months and up to size fourteen and that is intended to be worn primarily for sleeping or activities related to sleeping. To protect children from burns, these rules require that children’s sleepwear must be flame resistant and self-extinguish if a flame from a candle, match, lighter or a similar item causes it to catch fire. The requirements state that:
(1) the fabric and garments must pass certain flammability tests; or
(2) be "tight fitting" as defined by specified dimensions
Phthalates in Children’s Products
Phthalates are chemicals used to make vinyl and other plastics soft and pliable. Ingestion of certain phthalates can have harmful health effects on children. The Commission has banned eight specific phthalates in concentrations over 0.1 percent in children’s toys and childcare articles. CPSC port staff works to interdict any children’s products that are over this limit to protect the health of children.
Art Materials Labeling
The CPSC requires labeling of art materials that have the potential to cause adverse chronic health effects under the Federal Hazardous Substances Act (FHSA). An “art material” or “art material product” means any substance marketed or represented by the producer or repackager as suitable for use in any phase of the creation of any work of visual or graphic art of any medium and packaged in sizes intended for individual users of any age or those participating in a small group. Products subject to this labeling requirement may pose a mechanical hazard (strains, breaks, cuts, crush injuries, and burns) or chemical hazards (inhalation, skin absorption, and ingestion).