Consumer Products Safety Improvement Act
Purpose and Requirements
The CPSIA stands for the Consumer Products Safety Improvement Act which is a law that was enacted in August of 2008.
The stated purpose of this bill is to “establish consumer product safety standards and other safety requirements for children’s products, and to reauthorize and modernize the Consumer Product Safety Commission.”
The CPSIA requires that all products intended for children 12 years of age or younger to be tested and certified as meeting the lead limits as set forth in the law. Phthalate testing is also required for toys intended for children 12 years of age or younger or “child care articles” for children under three.
The CPSIA also requires that the packaging for certain toys and games intended for use by children is required to contain a label, or cautionary statement, regarding choking hazards.
Determining a Children’s Product
The CPSIA defines a “children’s product” as a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors are considered:
- A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
- Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
- Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
- The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
DinoStoreus Products Relative to the CPSIA
DinoStoreus contacted the U.S. Consumer Product Safety Commission (USCPSC) specifically regarding the products that DinoStoreus produce. The USCPSC concluded that the DinoStoreus collection of polyresin dinosaur models and figurines are not subject to the regulations under the Consumer Product Safety Improvement Act (CPSIA). It was determined that the products are not designed nor intended primarily for children 12 years of age or younger, and therefore are not subject to the lead banning rule. It was also concluded that the DinoStoreus products are not toys and therefore are not subject to the mandatory toy safety standards, phthalate prohibition or the third party certification requirements.
Regarding the DinoStoreus Accessory items, namely our ballpoint pens, pewter magnets and pewter keychains, the USCPSC concluded that these products are not subject to the regulations under the Consumer Product Safety Improvement Act (CPSIA). It was determined that the products are not designed nor intended primarily for children 12 years of age or younger, therefore are not subject to the lead banning rule. It was also concluded that since pens, magnets and keychains are not toys, they are not subject to the mandatory toy safety standards under F-963, the phthalate prohibition or the third party certification requirements.
While our products are not subject to the CPSIA, we are still very aware of the possible health concerns associated with lead and the issues surrounding the use of lead in paint. And it is this concern that mandates that all DinoStoreus models are created and painted using lead-free materials produced by ISO 9001:2000 certified suppliers.