US and Chinese Product Safety Agencies Announce Agreement to Improve the Safety of Imported Products and Other Products September 2007 (07B-149)
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In a cooperative effort to ensure the safety of children’s toys, the U.S. Consumer Product Safety Commission (CPSC) formally announced an agreement with its product safety counterparts in the Chinese government aimed at stopping the use of lead paint in the manufacture of toys and addressing other product safety issues at the Consumer Product Safety Summit held in Washington, D.C. on September 11, 2007.
The agreement is consistent with and represents efforts which began in April 2004 with a Memorandum of Understanding between the agencies seeking to enhance bilateral cooperation in consumer product safety. The agreement is one of a number of government actions taking place to address the safety of products imported into the U.S. |
SUMMIT HIGHLIGHTS
AQSIQ to take action on lead in toys As part of the agreement, China’s General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) has agreed to take immediate action to eliminate the use of lead paint on Chinese manufactured toys exported to the U.S. AQSIQ has already begun taking steps. In August 2007, the agency issued an Urgent Notice (#671) to all Chinese Inspection and Quarantine Bureau (CIQ) offices to strengthen the supervision on all the toy factories in their respective areas. The Notice also provides requirements for toy export licenses, product testing reports and raw materials. (Please see reverse side for additional information about the Notice and its scope.)
AQSIQ to increase inspections of consumer products The Summit also resulted in an agreement by AQSIQ to increase their inspections of consumer products destined for the U.S. and to assist CPSC in tracing hazardous products to the manufacturer, distributor, or exporter in China. The two agencies will review the plans’ effectiveness within one year to identify possible areas for improvement.
Work plans for other consumer products In addition to the lead paint agreement, the two agencies announced work plans for cooperation in four product categories: toys, fireworks, cigarette lighters, and electrical products. The work plans provide a roadmap for bilateral efforts to improve the safety of these products, which represent some of the most frequent hazards under CPSC’s regulatory jurisdiction.
Summary of the work plans for toys presented by the CPSC at the Summit
To develop a greater exchange of information, CPSC will provide U.S. laws and regulations in English and Chinese. AQSIQ will publicize and distribute materials to Chinese toy manufacturers.
The main focus of the information exchange initially will concentrate on age grade determination, lead requirements, and labeling.
The CPSC will notify AQSIQ of all recalls involving toys, including the names and addresses of the Chinese manufacturers, so that AQSIQ can follow up and take corrective action.
AQSIQ will inform the CPSC whether producers of recalled product are also supplying other importers.
AQSIQ will send personnel to the U.S. for training to improve technical knowledge of U.S. toy standards.
CPSC will inform AQSIQ of toy categories of special concern so AQSIQ can increase inspections. The current special concerns include lead and labeling.
CPSC staff also presented on the responsibilities of importers at the Summit. Highlights include:
Basic responsibilities: In the Consumer Product Safety Act (CPSA), the definition of a manufacturer also includes any person who imports products (e.g., retailers who are the importer of record).
Safety consciousness: Do your homework and know the regulatory requirements and consensus standards that are applicable to your product.
Communicate specifications: Make sure your manufacturers know exactly which standards and safety requirements must be met.
Mandatory Certification: Under Section 14 of the CPSA, certification is defined as a “supplier’s declaration of conformity” and currently required for some products. It is anticipated that certification may be required for a broader range of products in the future, including toys.
Voluntary Third-Party Certification: Third-party certification has many benefits including consideration from the CPSC when testing products, product liability protection and recognition from the consumer.
Testing of Imported Products: At a minimum, products should meet all CPSC standards. Products should be tested randomly, early and often. The cost of testing is a small infraction of the costs associated with recalls and violations.
Market Surveillance: Track consumer complaints, CPSC communications, and identify problems early.
Reporting: Importers must report immediately if products do not meet mandatory requirements or consensus standards.
Summary of CPSC presentations have been prepared by Rick Rosati, who attended the summit on behalf of Bureau Veritas.
Taking Proactive and Preventive Steps At Bureau Veritas, we can offer you a holistic approach to quality assurance that is consistent with the CPSC’s recommendations for importers discussed above. Please contact us for details.
Contact Information
Please contact your program manager or Rick Rosati, Director, Toys/Hardlines Business Line, Americas Region at 1-716-505-3472 or richard.rosati@us.bureauveritas.com
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Bureau Veritas Consumer Products Services, Inc. (“BVCPS”) provides the information in this client bulletin as a resource of general information. It does not replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS will not be liable for any indirect, special, punitive, consequential or other damages (including without limitation lost profits) of any kind in connection with this client bulletin. BVCPS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS CLIENT BULLETIN.
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