Children's Products
U.S. Consumer Product Safety Commission/ http://www.cpsc.gov/en/Business--Manufacturing/Business-Education/childrens-products/
Children's products are subject to a set of federal safety rules, called children's product safety rules. Determining how your product is classified enables you to identify correctly the set of children’s product safety rules applicable to your product. The law defines a "children's product" as a consumer product designed or intended primarily for children 12 years of age or younger.
The Commission has passed an interpretative rule with further explanation and examples. The frequently asked questions on this page summarize the rule and provide examples. If you'd prefer to read the rule yourself, you may review the Commission's interpretative rule.
What is a Children's Product?
The law defines a "children's product" as a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended 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 the Commission staff in September 2002, and any successor to such guidelines.
You can find the law in section 108(e) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (Public Law 110-314), and you can find the Commission's interpretative regulation at 16 CFR part 1200 (pdf).
What is a "General Use Product"?
General use products are consumer products that are not designed or intended primarily for use by children 12 years of age or younger.
Some products may be designed or intended for use by consumers of all ages, including children 12 years old or younger. Such products would be considered "general use products."
If a consumer older than 12 years of age is as likely, or more likely, to interact with a product than a child 12 years of age or younger, then the product would probably be considered a general use product, depending upon how the product is viewed, using all of the four factors above. Products used by children 12 years of age or younger that have a declining appeal for teenagers are likely to be considered children's products.
Why is this important?
Determining how your product is classified enables you to identify correctly the set of consumer product safety standards applicable to your product.
Children's products are required to undergo third party testing and to have a written Children's Product Certificate (CPC) demonstrating compliance.
General use products are required to undergo testing or be subjected to a reasonable testing program and have a written General Certificate of Conformity (GCC) demonstrating compliance.
Port Aims to Boost Clean Power, Speed Cargo Delivery
Port of Long Beach / http://www.polb.com/news/displaynews.asp?NewsID=1410&TargetID=1
‘State of the Port’ outlines goals for ‘Energy Island,’ smarter supply chain
Port of Long Beach Chief Executive Jon Slangerup on Thursday unveiled ambitious plans for congestion-beating smart systems for cargo movement and an all-out push to achieve energy resilience for port operations with wind turbines, solar cells and other clean technologies, in his first-ever “State of the Port” address.
Speaking to a record audience of nearly 900 at the Long Beach Convention Center’s Pacific Ballroom, Slangerup summed up the Port of Long Beach’s achievements in 2014 then gave his expectations for 2015 and beyond, setting high goals for himself and the Port.
Slangerup’s address followed welcoming comments by Long Beach Mayor Robert Garcia, Harbor Commission President Doug Drummond and Harbor Commission Vice President Rich Dines.
Appointed just last July, Slangerup said the Port is making tremendous strides in its efforts to compete with other seaports by modernizing terminals, roadways, bridges and railways, with its $4 billion capital improvement program this decade. The first phase of the $1.3 billion Middle Harbor Terminal Redevelopment project will be completed this summer and Port tenant Long Beach Container Terminal and its parent company Orient Overseas Container Line will begin operations this fall, increasing overall Port container capacity by 10 percent, while continuing to reduce air pollution with the terminal’s near zero-emissions operations.
Slangerup addressed congestion which has slowed cargo movement lately. He noted the reasons things have slowed down on the docks: Bigger ships, bigger alliances, chassis shortages, loading procedures, rail car shortages and labor negotiations all came together to cause the “perfect storm.”
“Congestion is the single toughest issue we face,” Slangerup said. “And if we don’t fix it immediately, we will drive business away permanently.”
One way to address the issue of improving cargo flow in the long term, Slangerup said, is to initiate a “smart system” that will provide all the links in the supply chain with the timely data they need to optimize efficiencies – from how ships are loaded to how cargo owners track the movement of their goods.
“We have a choice,” Slangerup said. “We can watch our business go elsewhere, or we can come together to change the way our supply chain works by using the latest information technology to efficiently move containers from origin, through the ports, aboard trucks and trains, and to their destination.”
Slangerup also brought forth his ideas for an “Energy Island” program to explore solutions to the Port’s increasing need for electricity. As the Port adds more and more zero-emission equipment, the need for electrical power grows. Energy Island is a concept that would bring sustainable power technologies into the Port, helping to satisfy Port needs and to serve as a resource to the community in emergencies.
Given the Port’s track record of success with its groundbreaking Green Port Policy -- which turns 10 years old this month -- Slangerup said the Port should aim high to make Energy Island a reality.
“Our Port has long demonstrated our ability to deliver economic growth and environmental stewardship. These are two faces of the same coin,” said Slangerup.
Port of New York and New Jersey Sets Annual Cargo Volume Record for 2014
Port of NY/NJ / http://www.panynj.gov/press-room/press-item.cfm?headLine_id=2161
Improved economy spurs 5.4 percent growth in cargo handled in the port
The Port Authority announced today that annual cargo volumes in the Port of New York and New Jersey set a new record in 2014, surpassing the previous record set in 2012.
During the year, the port handled 3,342,286 cargo containers, an increase of 5.4 percent over the previous year and 4.1 percent more than in 2012, when the previous annual record was established. The record volumes allowed the port to maintain its position as the busiest on the East Coast with nearly 30 percent of the total market share.
ExpressRail, the Port Authority’s ship-to-rail system serving New York and New Jersey marine terminals, also set a new record, handling 465,405 containers during the year, up 9.3 percent over 2013. The previous annual record was set in 2012, with 433,481 containers handled. The agency’s investment of more than $600 million in ExpressRail – and its upcoming plans to build a new ExpressRail facility in Greenville Yard in Jersey City – has been critical to addressing the need for on-dock rail to improve port efficiency, competitiveness and reduce emissions. The port’s road, rail and security projects are now funded by portwide Cargo Facility Charges.
“Our port is continuing to reap the benefits of an uptick in the economy, which has resulted in the hiring of more dockworkers and economic growth for the region,” said Port Authority Executive Director Pat Foye. “We plan to continue our investments in the port in the coming years to maintain the port’s 296,000 direct and indirect jobs and to cement our port as the East Coast’s leading destination.
“We’re equally proud of the efforts put forth by all of our terminals operators, the Waterfront Commission and the ILA workers who have all stepped to the plate and allowed us to efficiently handle this record level of cargo,” Mr. Foye said.
On the labor front, 601 new longshoremen and checkers have been certified by the Waterfront Commission in the past year to work at the port and of that number, 577 are currently working while the balance are preparing to begin their employment.
“We made progress last year to more efficiently handle the level of cargo coming into this port, but we clearly recognize more needs to be done,” said Port Authority Port Commerce Director Richard Larrabee. “We have a clear plan moving forward to meet the challenges that lie ahead to ensure that we can accommodate the larger ships and the cargo volumes that want to come to the New York-New Jersey region.”
In 2014, the port reported a 12.8 percent decrease in vehicles handled in the port – from 451,900 units handled in 2013 to 393,931 handled in 2014. To attract new vehicle business to the port in 2015, the Port Authority began a targeted incentive program in April 2014 to attract new automobile manufacturers and to provide incentives to existing ones to increase the port’s vehicle volumes.
During 2014, China remained the top import country serving the port, with 923,975 import containers. Following China are Germany (179,715 import containers) and India (176,621 import containers). The top import commodities in 2014 were furniture, beverages and appliances.
In 2014, there were 2,432 vessel calls in the port, down 2.3 percent from the 2,488 vessel calls in 2013. The fewer vessel calls illustrate that much of the cargo coming into the port is arriving in larger ships, a trend that the port expects will continue after the Bayonne Bridge is raised. Construction on the $1.6 billion bridge project is continuing, and, when completed in the summer of 2016, will allow new, larger post-Panamax vessels to travel underneath it. Work also is continuing on the 50-foot harbor deepening project, which also is expected to be completed early 2016. The project also will allow new, larger vessels to call on port terminals.
Emissions caused by port-related activity have been declining as port volumes have increased due to Port Authority incentive programs and Port Authority and private terminal operators’ investments in more environmentally friendly equipment. For the six-year period 2006 to 2012, the most recent data available, major pollutants decreased about 33 percent despite an 8.6 percent increase in port cargo volume over the same period.
To continue the port’s ability to handle increasing cargo volumes, the Port Authority formed a Port Performance Task Force in December 2013 to explore ways to improve efficiency and service reliability at the port. The task force developed a series of 23 recommendations that if implemented would reduce truck congestion and air emissions in the Port of New York and New Jersey, improve customer service for truckers and other port stakeholders, and enhance the flow of goods to and from the marketplace. A group of port stakeholders – the Council on Port Performance – has been formed to begin the task of planning and implementing the recommendations.
CBP Seizes $12 Million in Counterfeit Goods in Operation Super Fake
US Customs & Border Protection / http://www.usa.gov/topics/money/credit/credit-reports/bureaus-scoring.shtml
WASHINGTON—U.S. Customs and Border Protection interdicted nearly 700 shipments of counterfeit merchandise valued at $12 million as part of a Super Bowl XLIX focused operation conducted on Jan. 26-29 at the DHL facility in Cincinnati.
“This operation demonstrates CBP's commitment to protecting our citizens from the threats posed by counterfeits,” said Brenda Smith, assistant commissioner, Office of International Trade. “Our officers and trade experts remain vigilant in detecting these violations and enforcing all trade laws.”
The $12 million is the estimated manufacturer’s suggested retail price if the trademark on the merchandise had been genuine. Included in the hundreds of shipments seized are team apparel with counterfeit NFL trademark.
Operation Super Fake was led by CBP’s Mobile Intellectual Property Rights Enforcement Team (MIPET), in partnership with the Apparel, Footwear and Textile Center of Excellence and Expertise, and the Port of Cleveland. CBP’s MIPET is a special task force of top intellectual property rights enforcement experts within the agency. They perform intellectual property rights enforcement operations on the front lines to prevent the entry of counterfeit goods into the United States.
Intellectual property rights is a CBP priority trade issue. Priority trade issues represent high-risk areas that can cause significant revenue loss, harm the U.S. economy or threaten the health and safety of the American people. They drive risk-informed investment of CBP resources, enforcement and facilitation efforts, including special enforcement operations, outreach and regulatory initiatives.
A Different Kind of Doggie Bag
Federal Trade Commission / http://www.ftc.gov/news-events/blogs/business-blog/2015/02/different-kind-doggie-bag
If your clients make environmental claims, the FTC staff just sent 20 warning letters you’ll want to tell them about. The subject is doggie bags and leftovers – but not that kind of doggie bag and definitely not that kind of leftover.
Who got the letter? Companies that sell dog waste bags marketed as “biodegradable” and “compostable.” Considerate dog owners (and ones who want to comply with local laws) use the bags to tidy up after Fido. That’s where the problem starts – because once they’ve been used, most of those bags go into the trash. And most trash goes into landfills. And most stuff in landfills doesn’t go anywhere for a long, long time.
Based on research about how consumers understand the term, here’s what the FTC’s Green Guides say about the ad claim “biodegradable”:
A marketer making an unqualified degradable claim should have competent and reliable scientific evidence that the entire item will completely break down and return to nature (i.e., decompose into elements found in nature) within a reasonably short period of time after customary disposal. It is deceptive to make an unqualified degradable claim for items entering the solid waste stream if the items do not completely decompose within one year after customary disposal.
The Guides go on to say, “Unqualified degradable claims for items that are customarily disposed in landfills, incinerators, and recycling facilities are deceptive because these locations do not present conditions in which complete decomposition will occur within one year.”
The warning letters point out a similar problem with marketing the bags as “compostable.” According to the Green Guides, unqualified “compostable” claims may be deceptive if the item cannot be composted safely, timely, and easily in a home compost pile or device; if the bags are likely to be disposed of in a landfill; or if compost facilities in the area don’t typically accept the item in question.
Most commercial and municipal composting facilities don’t accept dog waste in their systems and home composting requires careful processing to avoid possible health hazards.
The warning letters point marketers to the relevant sections of the Green Guides and suggest they take a second look to make sure their claims are substantiated.
The FTC has resources for business on keeping environmental claims compliant – because when it comes to green marketing, no one wants to land in (we’re just quoting President Bush here) deep doo-doo.