New Consumer Product Testing Requirements and Patches
Posted in It is undeniable that when the representatives of our government rushes to solve a problem that is believed to be a crisis, they sometimes create additional problems and difficulties through their failure to completely through through the implications of their “solution”. Such an examples has recently hit the Scout patch hobby.
Michael Conkey asked a question on patch-l earlier today:
Tahosa lodge is looking at doing our first bullion next year. We are now in the process of getting price quotes and were told by one patch manufacturer that because of questions about the new lead testing requirements, this company could not quote bullions at this time. So my questions are two-fold:
- Have others heard this? It may be an off-shoot of the lead fiasco with products of China?
- Can I get any recommendations of patch makers who do not off-shore their bullions?
Tom Gould was able to give a detailed answer to this question and explain what might prove to be a bit of onerous legislation that was recently signed into law by President Bush. Below is his response, quoted with his permission.
This is an issue I am dealing with daily, outside of Scouting I am an import consultant and advise companies on issues involved with importing of products. This is definitely a result of the recent findings of lead in children’s products, melamine in dog food, etc. The BSA had to recall some cub scout items because lead was found in the paint.
This new law deals with more than just lead in bullions, I believe it will require manufacturers of all patches, neckerchiefs, t-shirts and any other item that may be used by children.
In an attempt to show the public that they were acting quickly on this issue, Congress passed and Bush signed a new law, the Consumer Product Safety Improvement Act of 2008 (H.R. 4040). The problem is that this new law was passed so quickly that the companies it impacts did not have enough time to study it to see how it would impact products. They did not have the usual opportunity to comment on some of the unreasonable and potentially impossible aspects of the law.
This new law applies to all children’s products manufactured after November 12, 2008, regardless of where they are manufactured. So a bullion made this month in the US is subject to the same certification requirements as a bullion made in China. The manufacturer (if made in the US) or the importer (if made anywhere else) must certify that the bullions meet all of the current Consumer Product Safety Commission (CPSC) requirements. Beginning next year the certificate must be based on testing by a certified 3rd party lab. Also beginning next year the allowable levels of lead will be reduced. In addition, according to the new law, a patch importer or manufacturer must test for and certify that the products meet requirements for phthalates, flammability and potentiality formaldehyde.
Another part of this new law will require that all children’s products (including patches?) have tracking labels that will allow the manufacturer and ultimate purchaser to ascertain the actual manufacturer, location and date of production and other information.
To give you an example of the scope of this new law, let’s look at my lodge’s Malibu flap with I think 12 or more colors. The manufacturer would have to test all 12 color threads, the twill base material, the plastic in the backing (the plastic probably has banned phthalates). They would also have to test for flammability and beginning in August 2009 the flaps would need to have a label with the batch number and a system where the scout could look up on line to see when and where that specific patch was made.
I have discussed this issue at length with both the CPSC and Customs. It is as much of a surprise to them as it is to manufacturers. They are rushing to come up with rules and regulations to deal with all of these new issues. Both Customs and the CPSC have stated publicly that their position is that while they know it is law and must be followed, they will only enforce the most egregious violators for the near term. They are looking at toy companies initially as that is where they feel the most violations occur.
There are hearings scheduled in congress and coalitions of companies working to change this law to make it more reasonable so it may change…
…If you would like to give my contact information to your patch manufacturer I can assist them with finding a way to deal with this issue. If anyone else has any specific questions, let me know I will try to answer them.
Tom has asked that if any have questions about this, they should feel free to contact him at tomgould@earthlink.net.
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