Exporting to the United States, TSCA、 What is the difference between California 65 and CPSIA? What does CPSC do again?

 Exporting to the United States, TSCA、 What is the difference between California 65 and CPSIA? What does CPSC do again?

Last week, a customer who made children's toys approached me and immediately said, "I have been working in California for 65 years, and recently the customer asked me to do CPSIA, saying that I also need to comply with TSCA. Are these three the same thing? ”

I told him: it's not the same thing, but it's easy to confuse.

He sighed and said, 'Do I need to do three certifications?'

I said, "Not necessarily. It depends on what you sell and who you sell it to

Today, I will explain these three regulations in one go, and then talk about the CPSC as an enforcement agency. After listening, you will know what you really want to do, how much money to spend, and how to deal with it.

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1、 First, clarify: TSCA, California 65 CPSIA， What do you care about

TSCA (Toxic Substances Control Act)

·Who cares: The United States Environmental Protection Agency (EPA)

·What to deal with: chemicals. It does not directly affect your product, but rather whether the "chemicals" in the product are on the banned or restricted list.

·What products to pay attention to: Almost all products containing chemicals. Plastics, rubber, coatings, inks, adhesives, electronic and electrical enclosures, textiles

·Specifically, for example, for 5 PBT substances (decabromodiphenyl ether, isopropyltriphenyl phosphate, etc.), the concentration cannot exceed the standard.

·How to prove: usually it is a test report+supplier declaration.

California 65 (Mandatory Safe Drinking Water and Toxic Substances Act)

·Who cares: California Office of Environmental Health Hazard Assessment (OEHHA)

·What to care about: the obligation to inform. It does not prohibit the use of harmful substances, but if the product contains substances on the list and exceeds the safety limit, you must affix a warning label.

·What products to focus on: All products sold in California.

·What to deal with specifically: Nearly 1000 substances, the most common of which are lead, cadmium, ortho benzene, BPA, PFAS, etc.

·How to prove: either the test is qualified (not exceeding the standard), or it exceeds the standard but is labeled with a warning.

CPSIA (Consumer Product Safety Improvement Act)

·Who cares: The US Consumer Product Safety Commission (CPSC)

·What to care about: children's product safety. Specially designed for children aged 12 and below.

·What products to focus on: toys, children's clothing, children's furniture, baby strollers, children's jewelry, school supplies, etc.

·What specific requirements apply: lead content ≤ 100ppm, ortho benzene content ≤ 0.1% each, as well as physical and mechanical safety requirements for small components, sharp points and edges.

·How to prove: Tested by a laboratory recognized by CPSC and issued with a Children's Product Certificate (CPC).

Summary in one sentence:

·TSCA regulates whether chemicals can be used

·Do you want to tell consumers if you have used California's 65 pipes

·CPSIA regulates the safety of children's products

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2、 What does CPSC do again?

CPSC (Consumer Product Safety Commission) is an independent agency of the United States federal government, which can be understood as the "American Consumer Product Safety Police".

What does it care about?

·Developing consumer product safety standards (such as CPSIA, which is under its jurisdiction)

·Supervise enterprises to recall unqualified products

·Confiscate illegally imported products

·Certified third-party testing laboratory

The relationship between CPSC and CPSIA: CPSIA is the law, and CPSC is the agency that enforces this law.

You must find a CPSC accredited laboratory to test children's products. The CPC certificate obtained should also specify which laboratory produced the report.

What else does CPSC handle?

In addition to CPSIA, CPSC also manages:

·Full size baby crib, non full size baby crib, toddler crib

·Baby rocking chair, children's folding chair

·Flame retardant requirements for children's pajamas

·Bicycle helmets, lighters, swimming pool covers, etc

If your product does not involve children, CPSC generally does not directly regulate you, but TSCA and California 65 may still have to face it.

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3、 How are these three regulations tested? How much?

TSCA (5 PBT)

·Test items: Decabromodiphenyl ether, isopropyl triphenyl phosphate, pentachlorothiophenol, hexachlorobutadiene, 2,4,6-tert-butylphenol

·Sample requirements: Plastic, rubber, electronic components, etc., generally 20-30 grams

·Cycle: 5-7 working days

·Price: 1500-3000 yuan

California Proposition 65

·Common testing packages: lead+cadmium+ortho benzene (6 or 8 items)

·Sample requirement: Separate according to homogeneous materials

·Cycle: 5-7 working days

·Price: 1000-3000 yuan (depending on how many items are tested)

CPSIA (Children's Products)

·Test items: Lead (substrate+coating), 8 items of ortho benzene, physical and mechanical safety

·Sample requirements: complete prototype+various material components

·Cycle: 7-10 working days

·Price: 2000-5000 yuan

Note: These three can be done separately or combined. If you need all three of the same product (such as children's toys), it is cheaper to package them in a laboratory than to make them separately.

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4、 The most frequently stepped pit

Pit 1: Thinking California 65 is CPSIA

Many customers who make children's toys feel that California 65 is enough. But California 65 only deals with "warning labels," while CPSIA regulates "children's product safety limits. California has passed 65, but CPSIA may not pass.

Pit 2: TSCA only needs to test 5 items

TSCA does not only test 5 PBT items. It also has a requirement for "new chemical declaration". If new substances are used in your product, you may also need to file a PMN declaration. But most export companies only need to do 5 PBT tests, as other requirements are not directly targeted at finished products.

Pit 3: CPC certificate can be easily obtained from any laboratory

CPSIA requires that the CPC certificate must be issued by a laboratory recognized by CPSC. If you find a small laboratory to issue a report and CPSC does not recognize it, the goods will still be detained.

Pit 4: Confusing three regulations and neglecting them

For example, if you make adult electronic products, you only make California 65, but forget TSCA. As a result of the customs inspection of TSCA, it was found that your plastic contained excessive amounts of decabromodiphenyl ether, so it was still deducted.

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5、 What exactly is your product intended for? I'll help you classify it

If you are making children's toys, children's clothing, or children's furniture

·Must do: CPSIA (mandatory, CPC certificate)

·Possible options: California 65 (if sold in California), TSCA (if materials contain high-risk substances)

·One sentence: CPSIA is the threshold, others depend on the situation

If you work in electronic appliances or small household appliances

·Must do: California 65 (if sold in California), TSCA (if material contains PBT)

·No need to do: CPSIA (unless specifically for children's products)

·One sentence: Adult products focus on California 65 and TSCA

If you are making textiles, shoes, hats, bags and suitcases

·Must do: California 65 (lead, ortho benzene), TSCA (if coating or plastic contains PBT)

·No need to do: CPSIA (except for children's clothing)

·One sentence: Materials and coatings are the focus

If you are making cosmetics or skincare products

·Must do: California 65 (lead, ortho benzene, PFAS), TSCA (new substance declaration)

·One sentence: Cosmetics are now also starting to check for PFAS

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6、 Finally, let me say a few words

These three regulations may sound complex, but in fact, their core is three things:

·TSCA: Are there any banned chemicals in your materials

·California 65: If there are any, do they exceed the standard? If they exceed the standard, label them

·CPSIA: Children's products must meet safety limits

I have encountered the most outrageous client who made children's toys, both California 65 and TSCA did, but not CPSIA. When the goods arrived in the United States, CPSC found that the lead exceeded the standard during sampling, and the entire batch of goods was confiscated. It was also necessary to recall the previously sold goods, resulting in losses of hundreds of thousands.

He said, "I thought California 65 would be enough

So my suggestion is simple: figure out who your product is sold to, where it is used, and then decide which one to make. Children's products cannot bypass CPSIA, and adult products cannot bypass California 65 and TSCA.

Not sure which product needs to be made? You can send me the product type, material, and target customers, and I will help you determine. No charge.

I have compiled a 'US Consumer Product Compliance Checklist', which includes detailed comparison tables of TSCA, California 65, CPSIA, common product classifications, testing items and reference prices, as well as CPSC accredited laboratory query methods.

Friends in need can find their contact information on my Zhihu homepage and directly ask me for it.