More Requirements for Manufacturers of Children's Products
As if manufacturers of toys and other children’s products don’t have enough product safety rules from the federal government to contend with, the state of Washington is developing a program that will require these manufacturers to report whether their products contain any one of a list of chemicals that it considers harmful.
Under the state’s Children’s Product Safety Act (CPSA) - which passed in 2008 - Washington’s Department of Ecology (DOE) must enact a program to identify a list of potentially harmful chemicals. The DOE has listed 66 chemicals that are designated as harmful to children. Under the program being developed, children’s product manufacturers will be required to provide notice if any of the listed chemicals is contained in their products.
Currently, the program is being implemented via a pilot with voluntary participation by some children’s product manufacturers. The manufacturers are being asked to provide feedback that will help the DOE implement final rules. They are being asked to comment on which chemicals should be added or removed from the list, suggestions for improving the chemical selection process, information about the costs of compliance and the time it takes to reformulate products, and information about specific chemicals used in children’s products.
Once the DOE issues final rules, children’s product manufacturers will be required to declare if their products contain any of the chemicals on the final list. The initial list of 66 chemicals serves as a starting point. Chemicals on the list are said to be toxic and have either been found in children’s products or have been shown to be present in human tissue (blood, breast milk, etc.); however, the fact that these chemicals are found in products does not necessarily indicate that there is a risk of exposure.
The requirement will be phased in based on manufacturer category and product type. Manufacturers will be categorized by business volume.
The pilot test phase is expected to be completed in April, after which the DOE will assess and summarize results. Adjustments, if any, to the draft rule will be made based upon the pilot’s findings. Rules will then be finalized and adopted and then makers of children’s products will be required to report to the DOE if chemicals on the list are in their products.
The state of Washington’s CPSA also contains limits to the amount of lead, cadmium and phthalates that are permissible in children’s products but these standards were preempted by the passage of the Consumer Product Safety Improvement Act by Congress in July 2008. This Act, which contains strict limits on lead and phthalate content, is being enforced by the federal Consumer Product Safety Commission.
Labels: children's manufacturers, Children’s Product Safety Act, CPSA, CPSC, CPSIA, product safety