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On February 5, 2009 the CPSC issued an enforcement policy for the lead limits scheduled to take effect tomorrow, February 10, 2009. The enforcement policy identifies ordinary books printed after 1985 as a class of products that contain lead below 300 ppm which will not be targeted for enforcement of the new lead standard unless manufacturers knowingly violate the CPSIA’s lead limits.
Here is an excerpt from the CPSC’s press release on the enforcement policy:
“Manufacturers, importers, distributors, and retailers should also be aware that CPSC will:
· Not impose penalties against anyone for making, importing, distributing, or selling
- a children’s product to the extent that it is made of certain natural materials, such as wood, cotton, wool, or certain metals and alloys which the Commission has recognized rarely, if ever, contain lead;
- an ordinary children’s book printed after 1985; or
- dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other fabric products, such as baby blankets.
(The Commission generally will not prosecute someone for making, selling or distributing items in these categories even if it turns out that such an item actually contains more than 600 ppm lead.) Sellers will not be immune from prosecution if CPSC’s Office of Compliance finds that someone had actual knowledge that one of these children’s products contained more than 600 ppm lead or continued to make, import, distribute or sell such a product after being put on notice. Agency staff will seek recalls of violative children’s products or other corrective actions, where appropriate.”
What does this enforcement guide mean for printers?
While the enforcement policy does not permanently exempt books from the CPSIA it does limit the scope of manufacturers and children’s books that could be subject to prosecution for unknowingly manufacturing or distributing a children’s book that contains more than 600 ppm lead on and after February 10, 2009. The enforcement policy provides assurance to printers that they will not be prosecuted by the CPSC for children’s books containing lead above 600 ppm unless the printer knowingly violated the lead limit. For example, a printer knowingly distributing a book that has been documented to contain 700 ppm lead would be subject to prosecution from the CPSC.
This enforcement policy applies only to books printed after 1985 and does not apply to other paper-based printed materials. The Printing Industries of America continues to advocate and seek guidance and an exemption for other paper-based printed materials from the CPSIA.
The enforcement policy also does not apply to the new phthalate limits. The CPSC has provided initial guidance for complying with the new phthalate limits here and anticipates providing further guidance later this week.
On Thursday February 5, 2009 the U.S. District Court ruled in favor of consumer safety groups that had argued the new phthalate limits of the CPSIA apply to products manufactured prior to February 10, 2009 (i.e., “existing inventory"). The ruling overturns a November 17, 2008 advisory opinion letter from the General Counsel of the Consumer Product Safety Commission (CPSC) that stated the phthalate limits did not retroactively apply existing inventory. The Court’s ruling may be read here. As a result of the ruling, the CPSC issued guidance to implement the results of the ruling on February 6, 2009.
What does this ruling mean for printers?
The ruling means that it will now be illegal for printers and retailers to manufacture, distribute, and/or sell any children’s toy and child care article on and after February 10, 2009 that contains more than 0.1% of the following phthalates: di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl buty phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP). The Court’s ruling does not affect the CPSC’s one-year stay of lead and phthalate standard testing and certification issued on January 30, 2009. Please refer to the Printing Industries of America’s summary of the CPSC’s stay for additional information. As reported in our previous CPSIA updates, the CPSC has stated that the new lead limits also apply to children’s products in inventory.
If you have any questions regarding the CPSIA please visit the Printing Industries of America’s CPSIA website or contact Gary Jones at 412-259-1794 or gjones@printing.org, Rick Hartwig at 412-259-1792 or rhartwig@printing.org, or Christopher Dugan at 412-259-1779 or cdugan@printing.org.
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