CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: CPSC relieves engineered wood products from third party testing

June 2018- Relevant for:toys and childrens' product

The Consumer Product Safety Commission (CPSC) published final rule adding a new part 16 CFR 1251¹ on the determinations regarding lead, ASTM F963 elements and specified phthalates for engineered wood products (EWPs). The rule determined certain EWPs would not be required to have third party testing for CPSIA compliance. The rule is taking effect from 23 July 2018 after 30-days transition period.

The specified EWPs are limited to untreated and unfinished products, specifically, particleboard, hardwood plywood, and medium-density fibreboard made from virgin wood or pre-consumer wood waste. Pre-consumer wood means wood materials that have been recycled from an industrial process before being made available for consumer use. Virgin wood means wood logs, fibers, chips or layers that have not been recycled from previous use.

However, hardwood plywood contains polyvinyl acetate (PVAc) adhesive formulations cannot enjoy the exemption for phthalates testing. The Commission found from the reports that PVAc could contain at least one of the regulated phthalates with exceeding allowable levels during the manufacturing process.

Manufacturers of children’s products must certify that their products comply with all applicable CPSC-enforced requirements based on third party testing. To alleviate some of the testing burdens, the Commission proposed rulemaking² to eliminate some testing requirements on EWPs after considering the comments from literature review.

[1] Federal Register
[2] Consultation in Nov 2017