Regulatory News: Bulletins

 
Update on the US Industry and Federal Response to Toy Safety
October 2007 (07B-163)

Both Industry and Government want to assure consumers that toy safety is being taken very seriously, and that measures are being introduced to strengthen regulatory and best practices to deliver safer toys to the marketplace.

At the government level, numerous bills have been proposed in Congress since May 2007 addressing various aspects of toy safety including enforcement, recalls and additional funding for the CPSC.

At the Industry level, the Toy Industry Association (TIA) and the American National Standards Institute (ANSI) are working together to propose a comprehensive certification program.
 
The following information provides a summary of these initiatives. As efforts are still in the early stages of development, it is anticipated that changes will occur.  At Bureau Veritas, we are committed to actively participating in industry initiatives and keeping you up-to-date on new developments.     

TIA/ANSI Partner for Development of Toy Safety Certification Program

Several meetings of the Toy Industry Association (TIA) http://www.toyassociation.org/ and the American National Standards Institute (ANSI) http://www.ansi.org/ were held in August and September to address the current issues faced by the toy industry. A broad spectrum of toy industry representatives from retail, manufacturing, laboratories, consultant services and advocacy groups attended.  

There was a consensus among attendees that the basic framework for providing safe toys and reassuring the public would be a certification program. During the initial meeting, it was determined that the majority of current quality assurance activity focuses on pre-shipment testing; and that testing and inspection activity needs to move up the supply chain to better address the ever-changing challenges of the global marketplace. Based on this decision, the group agreed to focus their efforts on design analysis, along with the following two main areas: 

Testing and Reporting
 Testing requirements – federal and/or industry standards
 Frequency of testing and raw materials testing
 Number of samples to be tested
 Test during what stage of production 
 Who should conduct testing and how should it be reported

Process Control
 Process and factory audits; what rating system should be used
 Auditing content and frequency
 Traceability of raw materials and finished goods
 Who should audit and at what points in the supply chain  

TIA/ANSI plans two more meetings within 2007 in which to develop the initial proposal for the certification program. 

TIA Launches Consumer Website
In an effort to directly address consumers’ questions about the toy safety, the TIA has launched a new website  that includes toy safety facts, recall information and more.  Visit:
http://www.toyinfo.org

Recently Proposed Federal Bills

Legislators are addressing toy safety through a variety of proposed legislation (see list below).  Some Bills cover a single issue, while others are broad-based and encompass multiple concerns. The key actions called for by the Bills include:
 Reduced lead and other hazardous substances
 Mandated third party testing, or safety certification program
 Increased screening/inspection of imports; more stringent requirements
 Increased authority and funding for CPSC
 Improved Recall procedures; additional requirements; address costs
 Improved safety of children’s clothing and other non-toy products

Broader-based Bills:
Federal Bill SB 2045:  CPSC Reform Act of 2007
Federal Bill HB 3716: Safe Toys for Kids Act
Federal Bill HB 3588: Family Product Safety Protection Act

Specific-Issue Bills:
Federal Bill SB 2132/HB 3743:  Ban on Children’s Products Containing Lead
Federal Bill SB 2038:  Ban on Children’s Products that Contain Lead
Federal Bill HB 3683: Consumer Product Safety Standards for Children’s
    Clothing
Federal Bill SB 1847:  Consumer Product Safety Modernization
Federal Bill SB 1833/HB 3499: Children’s Products Safety Act:
Federal Bill SB 2037:  Prohibition on Sale of Recalled Products
Federal Bill SB 2081: Food and Product Responsibility Act (includes
    children’s products)
Federal Bill HB 1699: Danny Keysar Child Product Safety Notification Act
Federal Bill HB 2474: Product Safety Civil Penalties Improvement Act. 

Taking Proactive and Preventive Steps
At Bureau Veritas, we take a holistic and comprehensive approach to quality assurance for all your toy and consumer products. Please contact us directly for details
.

Proposed Bill Status
 
Currently all of the proposed Bills are in committee with the exception of Federal Bill SB 2045: CPSC Reform Act of 2007 on which hearings were held on the October 4, 2007. 

The goal of this proposed Bill is to provide greater protection for children’s products, improve screening of noncompliant products, and improve consumer recall programs.

 To review hearings materials:
 For full-text of Bill SB 2045:

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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Learn More About the Proposed Bills:

Click here for a short description of each proposed Bill and links for additional information.