CPSC Issued Final Rule to Exempt Certain Unfinished Manufactured Fibers from ASTM F963 Elements and Phthalates Testing

The U.S. Consumer Product Safety Commission (CPSC) has published in the Federal Register the Final Rule: 16 CFR 1253, “Children’s Toys and Child Care Articles: Determinations Regarding ASTM F963 Elements and Phthalates for Unfinished Manufactured Fibers. Based on these determinations, the specified Unfinished Manufactured Fibers will not require third party testing for compliance with ASTM F963 elements or phthalates requirements. This rule is effective on July 1, 2020.

Background
The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires children’s toys to comply with ASTM F963 elements and children’s toys and child care articles to comply with CPSC phthalates regulations. Even through third party testing is not required under these determinations, a certifier must still issue a certificate of compliance. The CPSC issued this rule to help reduce the cost of third party testing.

Summary of the Final Rule
The CPSC has determined that the following unfinished manufactured fibers (as listed in 16 CFR 1253) are not required to be third party tested to demonstrate compliance with the regulation:

• ASTM F963 soluble elements (16 CFR 1250) for children’s toys
o Nylon; 
o Polyurethane (Spandex);
o Viscose Rayon;
o Acrylic and Modacrylic; and
o Natural Rubber Latex.

• Phthalate content (16 CFR 1307) for children’s toys and child care articles
o Polyester (polyethylene terephthalate, PET);
o Nylon;
o Polyurethane (Spandex);
o Viscose Rayon;
o Acrylic and Modacrylic; and
o Natural Rubber Latex.

“Unfinished manufactured fiber” defined in the final rule is one that has no chemical additives beyond those required to manufacture the fiber – free of any chemical additives added to impart color or some desirable performance property, such as flame retardancy.

There determinations will only relieve the manufacturer’s obligation to have the specified Unfinished Manufactured fibers tested by a CPSC-accepted third party conformity assessment body. Compliance with the limits is still mandatory. 

To View the Rule:
https://www.govinfo.gov/content/pkg/FR-2020-06-01/pdf/2020-09991.pdf 

How Does this Impact You? Contact Us to Discuss
If you have any comments and/or questions regarding these requirements, please contact your customer service representative or info@bureauveritas.com