The Consumer Product Safety Improvement Act (CPSIA)
The Consumer Product Safety Improvement Act of 2008 was signed into US law on August 14, 2008
Signed into Law in 2008 by President Bush
Significant changes in safety regulations provide for forced recalls, import seizures, and significant fines, add chemical safety provisions for lead (Pb) content, and require certification of product safety test (third-party) for importation.
Notice Proposed Rulemaking (NPR) - Cost Burden Reduction
Cost Burden Reduction (CBR) is critical for the successful execution of CPSIA. First-party testing is encouraged, and X-Ray Fluorescence (XRF) is recognized as sufficient for first-party "test program." The use of XRF in a first-party test program allows for the reduction of third-party test frequency.
Updated CPSIA is Signed into Law by Barack Obama (2012)
Adds a ban on Orthophthalates (OP). CPSC commissions a study of specific toxicity of phthalates (CHAP Study, 2015). Several chemicals are added, and some are added temporarily. At that time, there was no first -party-appropriate test method recognized
Direction from Congress: OP Cost Burden Reductionis a Priority
Recognizes XRF as a successful measure for CBR; must develop a similar solution for OP. Engages Actus Analytical, Inc. to develop an OP first-party test. Actus and CSPC agree that Fourier Transform Infrared Spectroscopy (FTIR) has the best potential, but need significant development of commercially available instruments.
Actus Develops FTIR for OP Detection and Quantification
This is a legitimate, first-party test for OP. Development began in 2015 and was completed in early 2018. A specification is published, and an FTIR for first-party testing is now available for compliance with CPSIA, Prop 65, RoHS 3 (10), etc.
CPSC Deploys Actus Analytical/Agilent4500a FTIR
Three ports are chosen, and a highly successful field-trial was completed in Summer 2018.