ASTM F963 Upcoming Changes

Alan P. Kaufman

Senior Vice-President, Technical Affairs

Toy Fair Toy Safety Seminar

New York – February 16, 2015

2 Toy Fair Toy Safety Seminar | New York February 2015

ASTM F963-11 Status

Published by ASTM December 2011 Endorsed by CPSC by unanimous vote March

2012 Became mandatory rule June 2012 Third-party testing and certification

required for products within scope of the standard

3 Toy Fair Toy Safety Seminar | New York February 2015

Changes to F963-11

Heavy elements-addition of substrate requirements and compositing procedure. Standard essentially aligned with both EN71 (previous version) and ISO 8124, except that F963-11 contains the additional 24-hour cadmium and CPSIA total lead requirements

Addition of design guidelines for bath toy projections

Miscellaneous technical changes-spherical/nearly spherical ended toys; plastic film; jaw entrapment; stability/overload of ride-on toys and seats; yo-yo balls; acoustics

4 Toy Fair Toy Safety Seminar | New York February 2015

F963-11 Heavy Elements

Updated to add CPSIA lead limits-90ppm for surface coatings/100ppm for substrates

Extends soluble element limitations to substrates (previously applied only to surface coatings)

Adds option of total screen to demonstrate compliance with soluble limits

Adds test methods for substrate testing Adds 24-hour cadmium migration test for metallic small parts; 200ug

maximum extraction limit Adds compositing procedure-compositing up to three samples

explicitly allowed for total element testing With the above changes, F963-11 now contains one of the most

comprehensive toy heavy element standard worldwide Standard essentially aligned with both EN71 (previous version) and ISO

8124, except that F963-11 contains the additional 24-hour cadmium and CPSIA total lead requirements

5 Toy Fair Toy Safety Seminar | New York February 2015

Anticipated ASTM F963-15 Revisions

Magnets: Changes to align with ISO 8124 and EN71-add soaking test and compression test; change gaussmeter specs, specify metal disc; other misc changes

Projectiles: Changes to align with ISO 8124 and EN71-allowable KED now 2,500 J/m2 ; add 57mm length requirement for suction-cup projectiles; additional mouth-actuated toy requirements; foam dart and suction cup requirements; use of gauge for leading edge radius measurements of rigid projectiles; other miscellaneous changes

6 Toy Fair Toy Safety Seminar | New York February 2015

Anticipated ASTM F963-15 Revisions (cont)

Batteries: Coin/button cell batteries: additional

labeling Lithium batteries-add temperature/current

requirements Adding definitions for secondary cell and

rechargeable batteries Microbiological safety: Requirements

clarified and defined; alternative methods (CTFA) allowed

7 Toy Fair Toy Safety Seminar | New York February 2015

Anticipated ASTM F963-15 Revisions (cont)

Heavy Elements – largely clarifying amendments; WG is considering addition of HD-XRF for total screen in polymers

Impaction/Squeeze toy clarifying changes

Acoustics-partial alignment with EN71; push-pull toy definition;

Stuffing cleanliness: test method simplified

8 Toy Fair Toy Safety Seminar | New York February 2015

Anticipated ASTM F963-15 Revisions (cont)

Cords and Elastics – miscellaneous clarifying changes

Miscellaneous changes: Strap exemption for ride-on toys; curb impact for ride-on toys; further clarify overload and stability requirements for ride-on toys; clarify non-powered scooters excluded from scope (ASTM F2264)

Expanding materials Toy Chests

9 Toy Fair Toy Safety Seminar | New York February 2015

Thank You

Thank you for your attention Alan P. Kaufman

Senior Vice President for Technical Affairs

Toy Industry Association, Inc.

1115 Broadway, Suite 400, New York, NY 10010

Office: (646) 520-4868 | Fax (212) 633-1429 | Email: akaufman@toyassociation.org

Our Website: www.toyassociation.org

Toy Safety in Canada and the United States

Regulatory Overview, Updates, and Cooperation

Note: Presentation Available for Download: www.slideshare.net/USCPSC

VIEWS EXPRESSED IN THIS PRESENTATION ARE THOSE OF THE STAFF AND DO NOT NECESSARILY REPRESENT THE VIEWS OF THE COMMISSION OR HEALTH CANADA.

TODAY’S PRESENTATION

• Provide an overview of consumer product safety legislation and authorities in both jurisdictions

• Provide brief highlights of what’s new at CPSC and Health Canada

• Review key requirements for industry

• Highlight regulatory cooperation initiatives in North America

2

CONSUMER PRODUCT SAFETY LEGISLATION IN CANADA AND THE

UNITED STATES

3

KEY LEGISLATION

Canada Consumer Product Safety Act (CCPSA) • Addresses dangers to human health or safety that are posed by

consumer products in Canada, including those that circulate within Canada and those that are imported. • “General Prohibition” against the supply of consumer products that pose a

danger to human health or safety • 32 regulations, including several relevant to toys • No premarket certification requirements under CCPSA

• Onus is on suppliers to ensure products they bring to market comply with the Act and its regulations.

• Establishes responsibilities for manufacturers, importers, advertisers, and retailers of consumer products, including:

• Mandatory Incident Reporting • Record-keeping to allow traceability of products within the distribution

chain 4

KEY POWERS AVAILABLE TO HEALTH CANADA

• Issue public communications • Order suppliers to conduct tests or studies on a product to

verify compliance • Order suppliers to stop manufacturing, importation, sale, etc.

of a product • Order suppliers to carry out recalls and to take other

corrective actions • Prosecute criminal offences or apply Administrative Monetary

Penalties • Seize product, documents or materials • Disclose personal or business information necessary to

identify or address a serious danger to human health or safety

5

KEY LEGISLATION

Consumer Product Safety Improvement Act (CPISA) • Manufacturers and importers must third party test and

certify children’s products to ensure products they bring to market comply with the Act and regulations.

• The act made the toy safety requirements in ASTM F963 mandatory

6

WHAT’S NEW?

7

WHAT’S NEW AT HEALTH CANADA

• In April 2014, Health Canada’s Minister announced its Regulatory Transparency and Openness Framework.

• An Action Plan for 2014-2015 is featured on the Health Canada website and includes 15 activities that focus on providing timely, credible and understandable health and safety information. Consumer Product Safety Program related activities under the action plan of interest to business include:

– Posting the Consumer Product Safety Risk Assessment Framework – Posting Quarterly Consumer Product Safety Incident Report Summaries – Posting Consumer Product Enforcement Summary Reports

• The website features a feedback button for Canadians and stakeholders to submit their comments pertaining to transparency and openness.

• Health Canada has committed to reporting annually on what is achieved in each fiscal year.

8

WHAT’S NEW AT HEALTH CANADA

• On April 3, 2014, Health Canada published regulations amending Schedule 2 to the Canada Consumer Product Safety Act (CCPSA) to prohibit tris (2-cholroethyl) phosphate (TCEP) in certain products.

• As per item 16, Schedule 2 to the CCPSA, products that are made, in whole or in part, of polyurethane foam that contains TCEP and that are intended for a child under three years of age are prohibited.

• This prohibition came into force on October 23, 2014.

9

WHAT’S NEW AT CPSC

• Notice of Proposed Rulemaking Prohibiting Children's Toys and Child Care Articles Containing Specified Phthalates – Based on Chronic Hazards Advisory Panel report to CPSC – Proposes banning 5 phthalates in addition to phthalates

already banned in CPSIA in concentrations greater than 0.1%

• Potential Ways to Reduce Third Party Testing Costs Consistent with Assuring Compliance – $1M being spent in 2015

10

REQUIREMENTS IN CANADA AND THE UNITED STATES

11

CANADIAN SAFETY REQUIREMENTS FOR CHILDREN’S TOYS

• The main regulation in Canada is the Toys Regulations (SOR/2011-17)

- The Toys Regulations is the new title for the previous Hazardous Products (Toys) Regulations that were in place from 1970 to 2011 under the Hazardous Products Act.

• The Toys Regulations set out mandatory safety requirements that address a wide range of mechanical, flammability, toxicological, electrical, thermal and other hazards associated with children’s toys (http://laws-lois.justice.gc.ca/eng/regulations/SOR-2011-17/index.html).

• Several other regulations under the CCPSA may also apply to a specific toy, depending on the toy’s design, construction, contents and, in some cases, how it is marketed.

12

TESTING TOYS FOR SAFETY - CANADA • In Canada, provincial and territorial legislation requires that electric toys must bear

a compliance certification mark from a certification body accredited by the Standards Council of Canada.

- The certification mark indicates that the toy has been tested and meets all relevant requirements under the Canadian Electrical Code.

• No other test or certification requirements are mandatory under the CCPSA for toys.

• However, testing a toy against the requirements under the CCPSA is the only way to verify compliance.

• Health Canada urges industry members to complete compliance testing before a toy is placed on the market in Canada.

• Instructions for obtaining Health Canada’s test methods: www.hc-sc.gc.ca/cps-spc/prod-test-essai/index-eng.php

13

TOY SAFETY – HEALTH CANADA ENFORCEMENT

• Health Canada carries out regular compliance and enforcement projects where toys on the Canadian market are sampled and reviewed. • Suppliers can be asked to provide product tests or studies to verify

compliance. • Health Canada may conduct compliance testing.

• Health Canada investigates complaints and incident reports related to toy safety. • If a toy is found unsafe, or if a toy is found to violate a requirement, then

Health Canada will take action to protect the public. • This action can include product recall, seizure and prosecution.

14

U.S. REQUIREMENTS

• Requirements in the CFR have been in effect since the 1970s

• CPSIA included the requirements of the CFR in ASTM F963, mandatory since 2008

• New changes to ASTM F963 are incorporated into regulation via Commission vote

• www.cpsc.gov/BusinessEducation

15

• CPSC has ongoing enforcement programs and partnerships with Customs and Border Protection for imports

• Individual claims are investigated by the Agency

• Injury Data from hospitals are monitored

16

US TOY ENFORCEMENT

U.S. REGULATED PRODUCT TESTING

• Three different divisions conduct regulated product testing – Mechanical – Electrical and Flammability – Chemistry

• Timing; Import samples • Priorities

17

A FEW HIGHLIGHTS ON US/CANADA REQUIREMENTS…

18

19

Head*: • Heavy Elements, including lead, in Surface Coating Materials– ASTM F963 section 4.3 outlines the

toxicology requirements for Antimony, Arsenic, Barium, Cadmium Chromium, Lead, Mercury, Selenium- US limits to not more than 100ppm

• Phthalates –Plasticized components of toys must be tested to demonstrate compliance with the phthalates limitations currently in effect.

• Hard Eye & Nose Attachments – depending on age determination, these features could be subject to a Torque and Tension test up to 15 lbs of force…small parts?

• Flashing- Most plastic flashing cannot be classified as a sharp edge, however the toy may be classified as a defect.

Torso*: • Stuffing – US requires that stuffing be clean, no

vermin, no sharpness, non-toxic • If the batteries are found to be accessible, they will

be subject to ASTM F963 section 4.25 • Seam strength test (16 CFR 1500.51) • Flammability (F963 4.2) is NOT a requirement for

CPSC testing per Congress

Hand, Pacifier*: Pacifiers – US specifies requirements for pacifiers in 16 CFR 1511, nitrosamines

Mouth: Sound – US specifies 85 dB LAeq and 115 dB LCpeak limits measured at 50 cm for this particular toy (ASTM F963 4.5)

Hand, Projectile Device*: Projectiles – ASTM F963 section 4.21

Feet*: • Hazardous magnets would be determined by ASTM F963 section 4.38 • Any material intended for children less than 6 years of age, that is, all

accessible parts and components where there is a probability that those parts and components may come into contact with the mouth are subject to the Heavy Elements requirements of ASTM F963 section 4.3

Neck Bolts*: • Small Parts – (16 CFR 1512) The same small parts

cylinder is used on both sides of the border • A flexure test could be applied (16 CFR 1500.51) if

the wire holding the head still could produce a sharp point

• Hazardous magnets would be determined by ASTM F963 section 4.38

*Product may be subject to additional requirements in the CPSIA and other CPSC requirements. www.cpsc.gov/BusinessEducatio

Head*: • Surface Coating Materials - Canada specifies limits for certain heavy elements & prescribes

specific test parameters. Seven regulated heavy elements: lead, mercury, antimony, arsenic, cadmium, selenium and barium (Toys Regulations, section 23).

• Lead (substrate) – Canada limits total lead content to not more than 90 ppm in toys for children under 3 years of age (Consumer Products Containing Lead (Contact with Mouth) Regulations, section 2).

• Phthalates - If material is vinyl Canada specifies limits for certain phthalates (Phthalates Regulations, sections 3 and 4).

• Flammability – In Canada the hair must not flame with a 1-second flame impingement or must self-extinguish in 2 seconds with flame removal (Toys Regulations, section 34).

• Hard Eye & Nose Attachments – Canada requires that each hard eye or nose component must not be grippable or must not detach when a 9 kg weight is freely suspended from it for 5 minutes (Toys Regulations, section 31).

• Flashing – a sharp edge must not be present after RFU testing (Toys Regulations, section 10(a)).

Torso*: • Flammability – In Canada the outer covering,

including clothing, must have a flame spread time greater than 7 s (1 s flame impingement, 45°) (Toys Regulations, section 32).

• Stuffing – Canada requires that stuffing be clean, no vermin, no sharpness, non-toxic and non-irritant (Toys Regulations, section 29).

• Stuffing – Canada does not allow plant seeds (regardless of toy’s age grade) (Toys Regulations, section 35).

Hand, Pacifier*: • Pacifiers – Canada specifies

requirements and tests for pacifiers in the Hazardous Products (Pacifiers) Regulations).

• In Canada, the Phthalates Regulations, Consumer Products Containing Lead (Contact with Mouth) Regulations also apply.

Head*: Sound – Canada specifies a 100 decibel limit (LAFmax) measured at an ordinary use distance from the user's ear (Toys Regulations, section 19) an ordinary use distance of 15 cm is applied for hand held toys such as this.

*Complete details are provided in the Canada Consumer Product Safety Act and its associated Regulations.

Hand, Projectile Device*: Projectiles – Canada specifies that projectiles capable of causing a puncture wound must have a protective tip (Toys Regulations, section 16).

Feet*: • Flammability – In Canada the outer covering, including clothing, must have

a flame spread time greater than 7 s (1 s flame impingement, 45°) (Toys Regulations, section 32).

• Small, Powerful Magnets – In Canada there is no specific regulatory requirement. The general prohibition for products that pose a danger to human health or safety is applied where a magnet or a magnetic component is loose or separable, small and powerful (Canada Consumer Product Safety Act, sections 7 & 8).

Neck Bolts*: • Small Parts – Canada specifies that small separable parts

are not allowed in toys likely to be used by children under 3 years of age (Toys Regulations, section 7). The same small parts cylinder is used on both sides of the border. Canada can apply a 4.45 N force to test if a small part can be totally enclosed in the cylinder.

• Small, Powerful Magnets – In Canada there is no specific regulatory requirement. The general prohibition for products that pose a danger to human health or safety is applied where a magnet or a magnetic component is loose or separable, small and powerful (Canada Consumer Product Safety Act, sections 7 & 8).

WORKING TOGETHER

22

BILATERAL COOPERATION CANADA - US

• Although requirements between Canada and the United States vary, we share the goal of safe products, including safer toys, in the North American market.

• We schedule periodic calls to exchange technical information and best practices. • We work together to share information on new hazards and to develop proposals for

risk mitigation (e.g. public education, regulation or standards development).

• We regularly align efforts to announce Joint Canada-US Recalls (302 bilateral recalls between 2009 and 2014).

• Technical staff from both agencies participate on ASTM Subcommittee F15.22 on Toy Safety (ASTM F963). 23

NORTH AMERICAN COOPERATION ON CONSUMER PRODUCT SAFETY

• North America Free Trade Agreement has fostered the need for greater cooperation between Canada, United States, and Mexico.

• In 2011 Health Canada, CPSC and Mexico’s Profeco established a mechanism for enhanced collaboration on consumer product safety at the first Consumer Product Safety Summit in Bethesda, Maryland.

• The Cooperative Engagement Framework was updated and renewed at the

second Consumer Product Safety Summit in Ottawa, Canada in 2013.

• The Third North America Summit will be held in Mexico City, hosted by

Profeco in 2015.

24

ACTIVITIES UNDER THE FRAMEWORK 1) Consumer Outreach

• Coordinated joint consumer outreach activities and campaigns: – Campaign on Sports Safety timed with FIFA World Cup (2014); Poison Prevention (2013);

Toy Safety (2014)

2) Industry Outreach • Joint presentations to highlight product safety requirements at key industry events

– ICPHSO (2014); Las Vegas ABC Kids Fair (2014)

3) Utilization of the XRF (X-Ray Fluorescence) Analyzer • Sharing technical information on current practices, product analysis and reference levels for

the XRF analyzer to screen for heavy metals in toys and children’s products

4) Customs Communications Work for Enforcement Purposes • Composed of product safety staff and customs officials • Identification of opportunities for enhanced communication, information sharing and actions

related to potentially dangerous consumer products at points of entry for the three jurisdictions

25

JOINT RECALLS: CRITERIA

• Product sold in at least 2 or all 3 countries • Product must also be under the jurisdiction of all

agencies • Corrective measures and customer support

extended to customers in affected countries • Timing works for regulator and company • Have agreement from company to share all

information with both jurisdictions early in the process

• Recall is conducted voluntarily

26

27

Joint Recalls JOINT RECALLS

Conclusion

• Though consumer product safety requirements may vary, we share the goal of safe products in the North American market

• We are working together to align where possible and collaborate on a range of activities, including recalls.

28

KEY RESOURCES Health Canada www.healthcanada.gc.ca/cps www.healthcanada.gc.ca/reportaproduct www.hc-sc.gc.ca/cps-spc/pubs/indust/index-

eng.php www.hc-sc.gc.ca/ahc-asc/media/advisories-

avis/index-eng.php Consumer Product Safety Commission www.cpsc.gov/BusinessEducation www.cpsc.gov/DesktopGuide www.cpsc.gov/Testing www.cpsc.gov/DurableInfantProducts

29

THANK YOU / MERCI

Ghislain Boucher Consumer Product Safety Program

Health Canada cps-spc@hc-sc.gc.ca John Massale Mechanical Engineer, Office of Laboratory

Sciences U.S Consumer Product Safety Commission

JMassale@cpsc.gov

Health Canada

United States Consumer Product Safety Commission

30

For Official Use Only

Toy Fair 2015

2

Born of Necessity

Federal agencies with authority governing the safety of products imported into the United States acknowledge the need to share information about the safety of those products

In response to this need, the Department of Homeland Security (DHS) established the Commercial Targeting and Analysis Center (CTAC)

CTAC is a multiagency fusion center which targets commercial shipments that pose a threat to the health and safety of American consumers

The center functions to:

Enhance information sharing Increase automation Expand interagency partnerships

CTAC exemplifies how working together as one U.S. Government at the Border serves to protect the American public

3

CBP hosts ten federal agencies at the CTAC: Partner agencies have signed a collective Memorandum of

Understanding to share information and systems access Other appropriate federal agencies may be added to CTAC in the

future

FSIS APHIS EPA PHMSA

NHTSA HSI NOAA CPSC

Interagency Collaboration

FDA

FWS

4

CTAC employs a six-step import safety risk mitigation process

Qualify

Target

Examine

Evaluate

Identify

4

5

3

1

2

Methodology

Report 6

5

Import Safety Risk

Trade Intelligence

Product Recalls

Port Seizures

Import safety risk is identified through a number of channels

Lab Samples e-Allegations

New Regulations /

Laws

Identifying Import Safety Risk

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

6

Trade Intelligence

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

trade in·tel·li·gence ~ Information regarding a regulated commodity that may result in an enforcement action or enable the flow of legitimate trade.

7

PHMSA

CPSC

NHTSA

EPA

Overlapping agency authorities are leveraged to prioritize high risk commodities

Aligning Product Risk and Authorities

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

8

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

Leveraging a National Mandate

National targeting capabilities enable CTAC to remain agile in addressing import safety risk across

all ports of entry

9

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

Managing Import Safety Risk

Lower Risk

Medium Risk

Higher Risk

Violations of Federal safety standards

A combination of entity-specific targeting, national operations and national programs are utilized to address import safety risk

Counterfeits

Trade Intelligence

Unknown Entities

Inherent Risk of Product

10

Cargo exams are performed nationwide by CBP Officers, in conjunction with partner agency field resources as appropriate

CTAC-initiated exams account for less than 3% of total trade cargo exams

CTAC aims to provide a consistent workflow to ports of entry

Examining Targeted Cargo

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

National Operation Exam Totals (by month)

0

50

100

150

200

250

300

350

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2011

2012

2013

2014

11

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

CTAC currently utilizes targeting data from partner agencies

Evaluating Targeting Results

Automated Targeting System Automated Commercial

Environment Automated Commercial System Seized Asset and Case Tracking

System

Import Alert Tracking System Automated Import Information

System Public Health Inspection System

CPSC

Agriculture Quarantine Activity System

FSIS

CBP

Integrated Field System Import Examination Logbook

APHIS

MARCS ORADSS CMS

FDA

FWS

Law Enforcement Management Information System

12

News Releases

CTAC takes a diversified approach to reporting data and communicating with internal and external stakeholders

Reporting

Qualify

Target

Examine

Evaluate

Report

Identify

6

4

5

3

1

2

External

CBP Publications

Speaking Engagements

Internal

Weekly Updates

Targeting Reports

Seizure Alerts

CBP Partner Agencies Congress Trade Community Media General Public

Articles & New Releases

13

CEE– CTAC Strategic Interaction

Interagency partnerships at CTAC increase visibility across the regulatory landscape to improve effectiveness and reduce

duplicative efforts

14

International Coordination

15

Your toy shipment stopped? What you can do

STEP 1: Email Toy Industry Association (TIA)-Ms. Rebecca Mond (RMond@toyassociation.org) STEP 2: Provide TIA with the following information:

Who: Your Importer Name What: Entry number of held shipment, When: Date shipment was stopped, Where: Port shipment was stopped at, and Why: Reason given for shipment being stopped.

STEP 3: TIA will forward this information to CBP. STEP 4: CBP will review information and respond promptly.

16

Got Trade Intelligence? What you can do

STEP 1: Email Toy Industry Association (TIA)-Ms. Rebecca Mond (RMond@toyassociation.org) STEP 2: Provide TIA with the following information:

Who: Name(s) of companies involved, What: Product description, When: Date of suspected violation, Where: Location of company (city/state/country), and Why: Description of the suspected safety violation.

STEP 3: TIA will submit to CBP via e-Allegations: https://apps.cbp.gov/eallegations/ STEP 4: CBP will review information and respond promptly.

Avoiding the Pitfalls That Could Delay Release

File the Entry (CBP form 3461) early. Some issues may often be resolved prior to cargo arrival.

Carefully file the Entry data. Ensure all information is complete and accurate.

Ensure goods are classified appropriately.

Ensure the Manufacturer ID accurately portrays the actual foreign manufacturer of the product (avoid

using MIDs associated with distributors and/or forwarders).

Include product detail on the invoices.

Make certificates readily available.

Ensure the correct citation to each CPSC product safety regulation or statutory requirement to which

the product is being certified on the certificate.

Make sure 3rd party testing body is accredited by CPSC.

Purchase from reputable sources (foreign manufacturers and suppliers).

This information was prepared by CPSC staff and has not been reviewed, or approved by, and may not reflect the views of the Commission.

COMMERCIAL TARGETING AND ANALYSIS CENTER

European Update

Alan P. Kaufman Senior Vice-President, Technical Affairs

Toy Fair Toy Safety Seminar

New York – February 16, 2015

2 Toy Fair Toy Safety Seminar | New York February 2015

Revised TSD History

Physical requirements became effective July 2011

Chemical requirements became effective July 2013

Expanded heavy element testing from eight elements to 19

Set differing limits for liquid/sticky materials, scraped-off materials, and dry, powder-like or pliable materials

Prohibition of CMR substances above defined limits

3 Toy Fair Toy Safety Seminar | New York February 2015

Revised TSD History (cont)

Required safety assessment as part of technical file, including chemical safety assessment

Defined responsibilities of various “economic operators”

No requirement for third-party (or any other) testing, but technical file must provide substantiation of compliance

Certificate of conformity required

4 Toy Fair Toy Safety Seminar | New York February 2015

Significant Developments Post-TSD Revision

German attempt to enforce limits differing from TSD for barium, lead, antimony, arsenic, mercury, nitrosamines, nitrosatable substances-essentially dead –European Court of Justice decision

EC proposal to tighten lead limits-rejected by member states

SCHER decision to recommend to EC to tighten Chromium VI limits-reduced by factor of 25

Nitrosamines/nitrosatable substances limits

5 Toy Fair Toy Safety Seminar | New York February 2015

Significant Developments Post-TSD Revision (cont)

Limit for BPA from EN71-9 added to TSD –Effective December 2015

Proposed restrictions on BIT, phenol, CMI/MI rejected by member states-will likely return in revised form as separate directives

Formamide limit in foam mats French TRIMAN labeling effective

January 2015

6 Toy Fair Toy Safety Seminar | New York February 2015

Likely Future Developments

More restrictions on specific CMRs “Endocrine disruptors” – EC being sued

by Sweden and European Council to force proposal for designation of these substances

Nanomaterials-EC consultation; NGO pressure to approach these substances in a unique manner

Toy Regulation Update Gulf Cooperation Council Countries

Alan P. Kaufman

Senior Vice-President, Technical Affairs

Toy Fair Toy Safety Seminar

New York – February 16, 2015

8 Toy Fair Toy Safety Seminar | New York February 2015

Revised Registration Requirements

“G” Mark requirement has existed for some time

Requires application of conformity mark Proposed change requires individual

registration of each sku, to be renewed annually

“G” Mark label must display registration number

Significantly increased burden on importers

9 Toy Fair Toy Safety Seminar | New York February 2015

Additional issues

Some GCC localities not accepting labeling; Gulf Standards Organization confirms these are acceptable if reasonably permanent

Inconsistent Enforcement across GCC

10 Toy Fair Toy Safety Seminar | New York February 2015

Thank You

Thank you for your attention Alan P. Kaufman

Senior Vice President for Technical Affairs

Toy Industry Association, Inc.

1115 Broadway, Suite 400, New York, NY 10010

Office: (646) 520-4868 | Fax (212) 633-1429 | Email: akaufman@toyassociation.org

Our Website: www.toyassociation.org

Toy Safety Update in conjunction with American International Toy Fair

State Issues Trends Impacting Toys and Other Children’s Products:

Ingredient Disclosure

Sustainable Design

End-of-life Management

Online Privacy for Minors

Toy Safety Update in conjunction with American International Toy Fair

Ingredient Disclosure Reporting programs Existing state laws:

Washington State “Children’s Safe Products Act”

Maine “Safer Chemicals in Children’s Products” Program

Vermont Chemical Disclosure Program for Children’s Products

Labeling programs Existing state law:

California Proposition 65

Toy Safety Update in conjunction with American International Toy Fair

Sustainable Design Product Materials

Green Chemistry

Life-cycle assessments

“Safer” Alternatives/Material Substitutions

Existing state law: California Safer Consumer Products Program

Packaging Recycled Materials

Source reduction

Existing state law: California Rigid Plastic Packaging Container Program

Toy Safety Update in conjunction with American International Toy Fair

End-of-life Management

Batteries Electronic Waste Packaging Plastics

Toy Safety Update in conjunction with American International Toy Fair

Online Privacy for Minors Online Advertising Do not track Minor’s personal information & content Mobile Apps Existing state laws: California

Toy Safety Update in conjunction with American International Toy Fair

Thank You

Jennifer Gibbons Senior Director of State Government Affairs jgibbons@toyassociation.org 646-512-1320