U.S. Consumer Product Safety Commission (CPSC)

CPSC Issues New Safety Standards for Aquatic Toys

The Consumer Product Safety Commission (CPSC) published a Notice of Proposed Rulemaking to make the safety standard for aquatic toys more stringent. The primary product targeted in the rule is neck floats which have been reported to pose a serious drowning risk to young children. The rule establishes several testing and performance requirements for these products to ensure the highest level of safety.

Conditioning

The rule would require producers of these products to subject them to conditioning procedures to ensure their durability. These include exposing the products to various temperatures, chlorine and salt water environments, and ultraviolet light.

Minimum standards

To safeguard against unintentional submergence and restraint system failure, the rule proposes additional minimum standards.

Buoyancy Requirements

The Commission is proposing to require that all neck floats demonstrate a minimum upward buoyancy equal to or greater than 30 percent of the expected weight capacity. Additionally, the rule would require that inherently buoyant neck floats to not lose more than 5 percent of their initial buoyancy after being submerged for a 24-hour period.

Restraint Systems

To reduce the likelihood of a restraint system failure on a neck float, which can result in a child slipping through the product, the new rule Commission proposes requirements for the release mode of the fastening mechanism, and overall mechanical integrity of restraint systems.

Marking, Labeling, and Instructional Requirements

In the notice, the CPSC noted that the existing safety messaging for neck floats has  limited effectiveness for preventing the submersion hazard. The rule requires new on-product warnings that include:

  • A description of the hazard;
  • […]

CPSC to Begin Voluntary Stage of eFiling

The Consumer Product Safety Commission (CPSC) is actively recruiting up to 2,000 importers to participate in voluntary eFiling. 

What is eFiling?

In November 2022, the CPSC launched a beta pilot test of an eFiling initiative. The initiative allows importers of regulated consumer products to file electronically with CPSC and Customs and Border Protection (CBP) certain data elements from a certificate of compliance.

The goal of the eFiling process is to expedite targeting of shipments that put people at risk, but also allow importers to establish a good history of safety and to move their products more quickly through the ports.

CPSC anticipates that full implementation of eFiling will occur in or around 2025.

How to Get Started with eFiling

Importers must transmit Message Set data into CBP’s Automated Commercial Environment (ACE) system at the time of entry. There are two options to accomplish this:

Full PGA Message Set: The importer provides their broker with the full product certificate for the imported product and the broker files it in the CPSC PGA Message Set. This is recommended if the importer imports a limited number of regulated consumer products or does not repeatedly import the same product. 

Reference PGA Message Set: The importer pre-enters the certificate data into the CPSC Product Registry and then provides their broker with certificate identifiers to be filed in the PGA Message Set.. This option is preferable if the importer repeatedly […]

Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

 

 

 

 

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Customs and Trade Law Weekly Snapshot

Here is a recap of the latest customs and international trade law news:

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