CPSC Amends Regulations to Clarify Component Test Requirements, Rules for Dyed Textiles
The Consumer Product Safety Commission is amending its regulations on third-party testing requirements to reduce burdens on industry. The agency’s direct final rule (here) clarifies that companies may rely on component part testing even for products not included in a list of products with additional requirements. It also provides that third-party testing of children’s products is not required for dyed textiles.
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The direct final rule takes effect Dec. 14, unless CPSC receives “significant adverse comment” from the public by Nov. 13. In that case, CPSC would withdraw its direct final rule before it takes effect and proceed with the rulemaking under a concurrently-issued proposed rule (here).
The clarification of component testing requirements comes as a result of a misreading of CPSC’s current regulations by some stakeholders, said CPSC. Under 16 CFR 1109, companies may rely on component part testing to certify their products “where such testing is easiest to conduct or least expensive,” said CPSC. Subparts B and C of Part 1109 set additional conditions and requirements for using component part testing for specific products. However, some have been misreading Subparts B and C as a list of products eligible for component part testing, said CPSC. The direct final rule clarifies that component part testing may be used “in addition to the specific circumstances in subpart B (paint, lead content of children’s products, and phthalates in children’s toys and child care articles) and subpart C (composite testing),” said the agency.
Provisions in the direct final rule on third-party testing of textiles clarify that textiles that have only been dyed are included under a list of products that inherently do not exceed lead content requirements, and do not require third-party testing for lead in children’s products, said CPSC. Currently, Part 1500.91(d)(7) of CPSC’s regulations says textiles are inherently lead free, unless they have undergone “after-treatment applications” including “other prints.” Given that dyes do not contain lead in detectable amounts, CPSC’s direct final rule clarifies that dyed textiles are not included under “other prints,” and are not subject to third party testing requirements for children’s products.
The direct final rule Is CPSC’s second in a broader effort to reduce third-party testing burdens on industry. The first, which exempted toys made of unfinished and untreated wood from third-party testing for heavy elements from testing requirements (see 1507160022), was subsequently withdrawn after CPSC received adverse comments (see 1509090025).