Welcome
to Allentown Toy Manufacturing Company’s little corner of the web! Allentown Toy has been doing business since
1948. Since our founder, Morty Hertz,
opened the door and proclaimed to the world that we are open for business, we
have always, without fail, done our part to comply with any and all safety
regulations whether they be to keep our employees or the general public...safe
from harm and or contaminants. Every
minute of every day of every week of every month of every year we have been in
business over the past sixty one years, we have carried product liability insurance. We are proud of the fact that we have had zero claims against
us...ever.
So
this brings us to the recent law passed by Congress and signed into law last
fall by President George W. Bush. It
was to become known to the world as the CONSUMER PRODUCT SAFETY IMPROVEMENT ACT. And while even the acting chairperson of the CPSC, Nancy Nord
feels that the law needs to be amended, we agree with the fact that there needs
to be some regulation in order to insure our children’s safety and to make sure
that we do not see repeats in putting our children at risk as was the case last
year.
When
we first heard of this law, we
immediately
put considerable effort
to
learning everything we could about
the
CPSIA. We spoke to our Congressman, Charlie Dent and his staff both here in the
Lehigh Valley and in Washington. We discussed the matter with the offices of
both of our Senators, Casey and Specter. We even got through to the Honorable
Henry
Waxman’s office. He is the
Congressman
who chairs the committee that sponsored the bill before
it
became law.
Not
satisfied that we learned all there was to learn, we had a phone conversation
with the General Counsel for the CPSC, Cheryl Falvey. She answered a number of questions to our satisfaction.
So,
while rumors are flying and most people are woefully under informed, we at
Allentown Toy not only feel, but we KNOW that we are UP TO DATE with this law.
You
can be assured that we will continue to keep a dogged determination to stay on
top of the info coming out of Washington. For the time being, we are listing this FAQ:
Answers
were taken directly from the CPSC website. The link below the question and answer is the page on the Consumer
Product Safety Commission’s
Website
that we are directly quoting.
WHO
IS CONSIDERED TO BE A MANUFACTURER?
Anyone
who makes, produces or assembles a product is considered to be a manufacturer.
If what you make is sold or donated, something as simple as adding ribbons to
hair clips, knitting hats, or stringing beads into necklaces makes you a
manufacturer. Under the law, importers are also considered to be
manufacturers and must meet the same requirements.
www.http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q2
WHAT IS A CHILDREN’S PRODUCT?
A children’s product is
one designed or intended primarily for children 12 years of age or
younger. Toys, clothes, furniture, books, jewelry, blankets, games, CDs/DVDs,
strollers, and footwear may all be considered children’s products.
In determining whether a consumer product is “intended primarily” for a child
12 years of age or younger, the following factors will be 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
(pdf) issued by Commission staff.
If a product is intended
for adults or for general use by consumers of all ages, then it is not intended
primarily for children. Products marketed and priced in a manner that would not
make them appropriate for use by a child would also not be intended primarily
for children. An example would be an expensive telescope -- because it is sold
for general use by all ages, it is not a children’s product even though it can
be used by a child on occasion.
www. http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q2
DO ALL CHILDREN’S PRODUCTS NEED TO BE TESTED? WHAT REQUIREMENTS DOES ALLENTOWN TOY NEED TO MEET?
Manufacturers must be aware of all the standards and testing
requirements of the law and take appropriate steps to ensure that they meet not
only the current requirements, but also are preparing themselves and their
products to meet future requirements As an example, children’s products that
are painted are subject to both lead paint and lead content limits,
though at this time, testing is not required for lead content but it is for
lead paint. It should be noted that manufacturers must already be testing
and certifying for lead in paint, as well as standards for small parts,
cribs and pacifiers. (See the following table and please pay close attention to
the dates: Table
A).
www. http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q2
IS CURRENT STOCK INCLUDED IN THE FEBRUARY 10, 2009 DATE SET BY THE CPSIA FOR CONFORMITY?
Testing and certification are not required for products already in
inventory that are covered by the new lead and phthalate limits and
toy standards.
www. http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q2
WHILE TESTING AND CERTIFICATION ARE NOT REQUIRED (FOR EXAMPLE LEAD CONTENT AND PHTHLATES) WHAT DOES ALLENTOWN TOY NEED TO DO?
For these standards, no
third-party testing or certificate is needed before February 10, 2010; however,
manufacturers must still ensure their products meet the requirements of the
law. There are several things manufacturers can do to be highly confident that
their products are compliant:
- Get
to know your product and the laws and regulations that affect you. Know
what is and is not required of you and your products. These requirements
can change.
- Develop
sound business processes that put safety (and meeting safety standards)
first.
- Although
there may be no requirement to test and certify, you may choose to do so
in the context of a quality assurance program, which ensures products will
meet the requirements of the law. This may include testing raw materials,
components and final products. This will also make it easier for you to
meet the mandatory third-party testing and certification requirements when
they become effective. For lead content testing, one solution would be to
hire a qualified, trained person who can quickly screen all of your raw
materials and finished products with a handheld device called an X-Ray
Fluorescence (XRF) machine.
- If
you choose not to test, ask your suppliers about the chemical/material
content of their products. Seek out materials that will enable you to
produce products that are in compliance.
www. http://www.cpsc.gov/about/cpsia/smbus/manufacturers.html#q2
IF ALLENTOWN TOY MAKES MULTIPLE UNITS OF THE SAME THING, DO WE HAVE TO TEST EVERY ITEM?
No. If your products need to be tested (see Table A),
and they are materially identical and made in the same fashion with no change
in assembly, equipment used, etc., then a single sample may be all that is
necessary for testing purposes. A change in materials or design can be enough
to alter testing results.
There are many other questions out there. We refer you to the following links:
To download a complete guide to the CPSIA, follow the link
below:
http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf
To sign-up for e-mail alerts regarding news about the
CPSIA, follow the link below. We get
them!
https://www.cpsc.gov/about/cpsia/cpsialist.aspx