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AAFA RSL Guidelines
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www.intertek.com
International Product Safety & Restricted
Substances Conference
Hangzhou
May 11, 2010
Product Stewardship in the Global Value Chain
Industry EnvironmentIndustry Environment
Product recalls Emerging legislation and regulation Corporate social responsibilities Sustainable consumption and production models Increased multi-stakeholder expectations Transparency & traceability
Product Stewardship ObjectivesProduct Stewardship Objectives
Social and eco-logical considerations are designed into products
Products are safe during their intended use Products are free of defects and conform to order
requirements Products perform their required functions safely,
reliably, and with minimum performance degradation over their expected life
Products comply with all applicable regulatory, statutory, legislative standards (i.e. ASTM, BSI, CPSIA, REACH, EU, etc)
Identify and develop suitable supply partners with the required manufacturing, quality, safety,social & environmental systems
Product Safety AssuranceProduct Safety Assurance
Four Stage ApproachSupplier Evaluation & Qualification strategic choicesProduct DevelopmentTesting / CertificationInspection
Compliance Standards & ReferenceCompliance Standards & Reference
QA Systems Testing / Certification Standards Labeling Standards Consumer Product Safety Commission Product
Recall Information Defect Classifications Product Performance Standards Restricted Substances Lists (RSL) Acceptable Quality Levels (AQLs)
Product Safety Best PracticeProduct Safety Best Practice
Conduct due diligence on potential partners Adopt a solid product safety compliance policy Implement a robust product-safety testing program Communicate and educate up/down the supply
chain Ensure products are adequately identified for
traceability and tracking Preserve and maintain documentation
information management Consider appropriate indemnification and
insurance coverage Shift from suppliers to partners
RSL/ Chemical ManagementRSL/ Chemical Management
Risk assessment, design review, factory assessment Establish and RSL/ chemical management policy Communicate, train and educate supply chain Materials management Monitor and control Verify and validate
Industry FutureIndustry Future
Extended producer responsibilities Standards harmonization Low impact materials, technologies and processes Sustainable production and consumption Product life cycle management Multi-stakeholder exchange / collaboration
Thank youThank you
International Product International Product Safety & Restricted Safety & Restricted
Substances ConferenceSubstances Conference
Hangzhou
May 11, 2010
www.intertek.com
Understanding Government Product Safety Standards and Regulations
Hangzhou
May 11, 2010
www.intertek.com
Prof. James Wang Intertek Consumer Goods
China Domestic Market Services May 6, 2009 in Dongguan 201056 May 11, 2009 in Hangzhou 2010511
Eco-Safety Technical Codes for Apparel & Footwear Products in China
2010 AAFA 2010 AAFA International Product Safety & Restricted Substances Conference China
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Structure of Standardization System of China
GB 18401-2003 GB 18401-2003 National general safety technical code for textile products
GB 20400-2006 GB 20400-2006 Leather and fur limit of harmful matter
GB 21550-2008 GB 21550-2008 The restriction of hazardous materials in polyvinyl chloride artificial leather
GB 19601-2004 23GB 19601-2004 Limit and determination of 23 harmful aromatic amines in dye products
GB 208142006 10GB 20814-2006 Limit and determination of the quantity of 10 heavy-metal elements in dye products
FZ/T 81014-2008 FZ/T 81014-2008 Infants wear
National mandatory standard-Footwear-Limit of harmful substances
Product quality supervision system of China
14
Discussion topics
www.intertek.com 15
Classifying of Chinese
Standards
Classifying of Chinese
Standards
Grading of Chinese
Standards
Grading of Chinese
Standards
National Standard
National Standard
Structure of Standardization System of China
Industrial Standard
Industrial Standard
Local Standard
Local Standard
Enterprise Standard
Enterprise Standard
Mandatory Standard
Mandatory Standard
Voluntary Standard
Voluntary Standard
/ Such as GB, FZ, QB/ Such as GB, FZ, QB
/Such asGB/T, FZ/T, QB/T
/Such asGB/T, FZ/T, QB/T
Method Standard
Method Standard
Product Standard
Product Standard
Basic Standard
Basic Standard
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Application Scope: The textile products manufactured, sold or used in China.
Product Classification A Category A Products for babiesB Category B Products with direct skin contactC Category C Products without direct skin contact
GB 18401-2003 National General Safety Technical Code for Textile Products
cannot be used(20 mg/kg)
Banned azo colorants( carcinogenic aromatic amines)
None odor--4 To saliva334 To dry rubbing333-4 To perspiration333-4 To water
Colorfastness( grade)
4.0-9.04.0-7.54.0-7.5pH pH value3007520 Formaldehyde (mg/kg),
Category CCategory BCategory A Requirements
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GB 18401 Updating of GB 18401GB 18401-2003WTOGB 18401-2003 has been revised and the updated version has been circulated within WTO. The updated edition is expected to be effective around the end of this year.
GB 18401 Key Updates on GB 18401* 2436
Definition of Infant: to be changed from 24 months to 36 months* BpH4.0-7.54.0-8.5
pH value requirement for Category B: to be changed from 4.0-7.5 to 4.0-8.5*
Colorfastness to perspiration is not required on drapery fabrics such as curtain*
Toy, textile handcraft, luggage, backpack, footwear, umbrella, carpet, havelock,tabernacle etc. to be excluded in the application scope of this code.
* 244-The banned amine list is changed to total of 24 aromatic amines including4-aminoazobenzene
GB 18401-2003 National General Safety Technical Code for Textile Products
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Application Scope: Home leather and fur products.
Products are classified according to its final usesA Category A Products for babiesB Category B Products with direct contact to skin C Category C Products without direct contact to skin
* 234-Total 23 aromatic amines excluding 4-aminoazobenzene are banned in therestricted list
* Cr (VI) is not in the restricted list
GB 20400-2006 Leather and Fur Limit of Harmful Matter
300 mg/kg 600 mg/kg for sheared sheepskin
75 mg/kg20 mg/kg Free formaldehyde
30 mg/kg Carcinogenic aromatic amines (banned azo colorants)
C Category CB Category BA Category A Limit
Items
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PVCPVCApplication Scope: PVC artificial leathers made of mainly PVC resin and processed with relevant auxiliary agents via various technologies.
Technical requirements:
* PVC Ethylene chloride monomer in PVC: 5mg/kg
* Soluble heavy metals: lead (Pb) 90mg/kg, cadmium (Cd) 75mg/kg
* Other volatiles: 20mg/kg
GB 21550-2008 The Restriction of Hazardous Materials in Polyvinyl Chloride Artificial Leather
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Application Scope: Various commercial dyes, dyestuff preparations, dye intermediates and auxiliary agents for textile, dyeing and finishing processes.
Requirement:
*23 150mg/kgThe content of all 23 harmful aromatic amines should not exceed 150 mg/kg individually based on the weight of dry sample.
* 4-4-aminoazobenzene is not listed in the harmful aromatic amines list.
GB 19601-2004 23 Limit and Determination of 23 Harmful Aromatic Amines in Dye Products
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Application Scope: Commercial dyes in various states including liquid dyes, pigment printing paste
Requirement:10Limit of 10 heavy metal elements in dye products based on the weight of dry sample:
GB 20814-2006 10 Limit and Determination of The Quantity of 10 Heavy-Metal Elements in Dye Products
Zincum Antimony Lead Nickel
Manganese Element
Zn
Sb
Pb
Ni
Mn
15002500Fe Iron50250Cu Copper
100100Cr Chromium200500Co Cobalt
100020Cd Cadmium Limit (mg/kg) Limit (mg/kg) Element
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Application Scope: Infants wears mainly made from woven fabrics.
Below requirements are mandatory in the standard:* GB 18401-2003A
Products must meet the requirements of Category A in GB 18401-2003.*
Below additional requirements are mandatory as well
FZ/T 81014-2008 Infants Wear
25.0 Cu 0.2 As 0.2 Pb 1.0 Cr 0.02 Hg
Extractable heavy
metals
mg/kg
Technical requirements Items
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201035A new national mandatory standard about limit of harmful substances in footwear has been drafted and passed examination on 5th March 2010. Now, the document is being undergone formal approval procedure.
The standard was initially named as Sanitation Safety Technical Code for Footwear. The respective standardization committee has proposed to change the name as Footwear-Limit of Harmful Substances in the final draft.
Only formaldehyde, banned azo dyestuff and extractable heavy metals including lead (Pb), cadmium (Cd) and arsenic (As) are restricted in the standard as harmful substances.
National Mandatory Standard-Footwear-Limit of Harmful Substances
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Product Quality Supervision System of China
General Administration of Quality
Supervision, Inspection and Quarantine, AQSIQ
General Administration of Quality
Supervision, Inspection and Quarantine, AQSIQ
Local Entry-Exit Inspection and
Quarantine Bureaus
Local Entry-Exit Inspection and
Quarantine Bureaus
State Administration for Industry & Commerce,
SAIC
State Administration for Industry & Commerce,
SAIC
Local Bureaus of
Quality and Technical Supervision
Local Bureaus of
Quality and Technical Supervision
Local Administration
of Industry and Commerce
Local Administration
of Industry and Commerce
Supervision on Import & Export
Supervision on Import & Export
Supervision on Production
& Manufacture
Supervision on Production
& Manufacture
Supervision on
Market
Supervision on
Market
www.intertek.com
U.S. Product Safety RegulationsU.S. Product Safety Regulations
CPSIA, Prop 65, & Other CPSIA, Prop 65, & Other RegsRegsNate HermanNate Herman
American Apparel & Footwear AssociationAmerican Apparel & Footwear Association
AAFA International Product Safety & Restricted AAFA International Product Safety & Restricted Substances ConferenceSubstances Conference
Apparel & Footwear Recalls
Recalls by Category
0
5
10
15
20
25
30
35
40
45
50
1974
1976
1978
1980
1982
1984
1986
1988
1990
1992
1994
1996
1998
2000
2002
2004
2006
2008
2010
(Yea
r to D
ate)
Year
R
e
c
a
l
l
s
Other
Flammable Fabrics
Lead
Small Parts/Choking
Draw strings
CPSIA StandardsCPSIA Standards Lead & lead paint standardsLead & lead paint standards Phthalate standardPhthalate standard Tracking labelsTracking labels Stay of testing and certificationStay of testing and certification
Still need to test for lead paint with Still need to test for lead paint with third party testing facility and issue third party testing facility and issue GCCGCC
Retailer standardsRetailer standards Tracking labels, general conformity Tracking labels, general conformity
certificatescertificates
NonNon--CPSIA StandardsCPSIA Standards FFA (childrenFFA (childrens sleepwear)s sleepwear) DrawstringsDrawstrings Small PartsSmall Parts
International RegulationsInternational Regulations State LegislationState Legislation
California PROPOSITION 65California PROPOSITION 65
TodayToday
ChildrenChildrens Products s Products Subject to more Subject to more
standards than adult standards than adult products/general use products/general use products.products.
Designed or intended Designed or intended primarilyprimarily for children 12 for children 12 years of age and under.years of age and under. How the product is representedHow the product is represented How the public recognizes the productHow the public recognizes the product Any manufacturer statementsAny manufacturer statements CPSC Age Determination GuidelinesCPSC Age Determination Guidelines
Just because a child may Just because a child may wear the product does wear the product does not mean that it is a not mean that it is a childrenchildrens product.s product.
Lead & Lead PaintLead & Lead Paint
ScrapeableScrapeable surface coatings are subject to surface coatings are subject to the lead standard, everything else, lead the lead standard, everything else, lead substratesubstrate
Lead standard:Lead standard: 300ppm, 90ppm for lead in paint300ppm, 90ppm for lead in paint Applies to every component of a childrenApplies to every component of a childrens s
product except for:product except for: Inaccessible components andInaccessible components and CPSC determined compliant components:CPSC determined compliant components:
TextilesTextiles WoodWood precious metals (gold, sterling silver)precious metals (gold, sterling silver) precious gemstones (ruby, sapphire, emerald), pearls, precious gemstones (ruby, sapphire, emerald), pearls,
etc. etc.
Phthalate StandardPhthalate Standard Footwear & Most Apparel & Footwear & Most Apparel &
Fashion Accessories Are ExemptFashion Accessories Are Exempt Phthalate Bans Applies to:Phthalate Bans Applies to:
ChildrenChildrens toys that can be placed in s toys that can be placed in a childa childs mouths mouth
Child care articlesChild care articles CPSIA Bans Six Types of CPSIA Bans Six Types of
PhthalatesPhthalates DEHPDEHP DBPDBP BBPBBP DINPDINP DIDPDIDP DnOPDnOP
Tracking LabelsTracking Labels
Purpose is to improve recallsPurpose is to improve recalls
Purpose is to recall only Purpose is to recall only violativeviolative productproduct
Product must have distinguishing mark to Product must have distinguishing mark to determine source of productdetermine source of product Batch #Batch # Run #Run # Other identifying characteristicsOther identifying characteristics
Third Party TestingThird Party Testing
Stay of Enforcement to February 10, 2011Stay of Enforcement to February 10, 2011
Required Now for Lead in PaintRequired Now for Lead in Paint
Component testing for chemical Component testing for chemical standardsstandards Traceability required throughout supply Traceability required throughout supply
chainchain
Reasonable Testing Reasonable Testing ProgramProgram
Five elementsFive elements Product Product
specificationspecification Certification testsCertification tests Production testing Production testing
planplan Remedial action planRemedial action plan RecordkeepingRecordkeeping
State StandardsState Standards California Proposition 65California Proposition 65
Exposure standard not a content standard like CPSIAExposure standard not a content standard like CPSIA
Covers 850 chemicals Covers 850 chemicals NOT JUST LEAD AND PHTHALATESNOT JUST LEAD AND PHTHALATES CadmiumCadmium
ChromiumChromium
FormaldehydeFormaldehyde
Warning label requirement for all productsWarning label requirement for all products This product contains This product contains chemicalschemicals known to the State of California to known to the State of California to
cause cancer, or birth defects or other reproductive harm.cause cancer, or birth defects or other reproductive harm.
Regulations by litigationRegulations by litigation Settlements average at $123,000. Settlements include standards Settlements average at $123,000. Settlements include standards and/or warning and/or warning
label requirementslabel requirements
Illinois Lead Warning Label LawIllinois Lead Warning Label Law Warning Label Requirement forWarning Label Requirement for
ChildrenChildrens painted toyss painted toys
Child care articles intended to be placed in the mouthChild care articles intended to be placed in the mouth
ChildrenChildrens jewelrys jewelry
Other States Other States Washington State, Maine, ColoradoWashington State, Maine, Colorado
Prop 65 NoticesProp 65 NoticesSelected Prop 60 Day Notices
0
10
20
30
40
50
60
70
80
2007 2008 2009 2010 (Year to Date)
Year
Lead or Lead Compounds Phthalates Other
February 10, 2011:February 10, 2011: Testing and certification stay Testing and certification stay
lifted for lead substratelifted for lead substrate
February 14, 2011:February 14, 2011: Database implementedDatabase implemented
August 14, 2011:August 14, 2011: Lead limit dropped again to Lead limit dropped again to
100ppm (retroactive) unless the 100ppm (retroactive) unless the CPSC determines not CPSC determines not technologically feasible technologically feasible
WhatWhats Coming s Coming Up?Up?
What is on the Product What is on the Product Safety Horizon?Safety Horizon?
New Leadership and New Leadership and resources at CPSCresources at CPSC
CPSEACPSEA Heavy metal regulations Heavy metal regulations
(cadmium is this (cadmium is this seasonseasons new lead)s new lead)
Other state regulationsOther state regulations
39
ProductSafetyCompliance
WhereWeAre?WhereWeAreGoing?
AndreLeroy5/6/10
WhereWeAre?
40
ImportantProductSafetyIssuesMattel:Recall9millionitemsrecalled:9Milk inChina:Melamineissue: ChineseSofas: thousandsofpeopleinUKdeveloped allergies tosomechemicals:
WhereWeAre?
41
Concernsaboutenvironment Bad chemicalsfoundinriversinEurope BannedfromproductioninEuropeforyears Comefromchemicalsusedinimportedgoods Thereforeneedtomonitorchemicalsusedincludingimports
WhereWeAre?
42
SubstanceofVeryHighConcern (SVHC) Listgetslonger RighttoKnow:ImporterstoEuropeneedtoanswerquestionsfromconsumers(NGOs) withinalimitedperiod
REACH (Europe)
REACh Challenges?
43
Latestupdate:6countriesinEuropehavedecidedthattheywillapplythe0,1%limittothecomponentsandnottothearticle,soSVHCabovethe0.1%withinacomponentwouldhavetobedeclared.:6SVHC0.1%,,SVHC0.1%,.
REACH (Europe)
REACh Challenges?
44
UpcomingSVHC? SVHC?ItisimportanttoanticipateupcomingSVHCSVHCWedothisthroughSmartTestingScreening ProbabilitytofindtheseSVHCincomponentsSVHC AssessmentoftheneededtoxicologicalpropertiestobeaSVHCSVHC
Probablyforthischemicaltobeincludedinthecandidatelist
ImmediatestartingofchemicalsubstitutionprogramsorprocesschangestoeliminatethesubstancetoavoidanyREACh conflictsandrecalls,SVHC
REACH (Europe)
REACh Challenges?
45
About120SVHCcandidatesarepossible120About5to10candidatesbyproducttypeasapriorities510Afewofthemwillbeachallengeforsubstitution(timeline,cost,quality,safety)(,,,)
REACH (Europe)
REACh Challenges?
46
Watchout:Beingbelow0.1%limitdoesnotmeansafeproductsAbove0.1%limitdoesnotmeanunsafeproducts0.1%,0.1%
Ourlimitsarebasedonriskbasedsafeproducts/componentlimits./ThisalreadypreventedProductRecallsinEurope.
REACH (Europe)
Wherearewegoing?
47
Restricted Substance List (RSL) are getting longer
Major Brands / Retailers anticipate the laws and ban chemicals before they are forbidden by law > even longer RSL
WhatIsInItForYou?
48
Consequences for you?
Concerns about cost?
How to minimize additional costs?
WhatIsInItForYou?
49
1) Chooseyourmarkets:
SomemajorsmarketshaverelativelylowProductSafetyrequirementsforchemicals:Australia,SouthAmerica,MiddleEast,;,,
WhatIsInItForYou?
50
2)Chooseyourcustomers:
Somecustomersrelyondeclarationsignedbymanufacturers. DoesitprotecttheimporterstotheUSandEuropefroma
legalpointofview??
Expertisefromcutandsawmanufacturersintermofchemicalrequirements?
- Somecustomershavehighexpectationsandassisttheirsupplierstoimprovetheirprocesses:exampleAFIRMtraining>usethissupporttodevelopthisintoacompetitiveadvantage.
WhatIsInItForYou?
51
3)Morefocusoncomponentcompliancemeans:
Moresuppliersnomination
Lesscompanieslookingforcheapercopiesoffabric
Fightagainstfakefromreputabletrimsuppliers
WhatIsInItForYou?
52
BrandsRetailers
Cut&SawManufacturers
MillsSundriesSuppliers
Benefitsformills/sundriessupplierswho: ComplywithextendedRSL Developpropertraceability Knowwhentotestandmostimportantlywhen nottotest, Haveinitiatedasubstitutionprogram
Getinvolved
53
Several leading Apparel & Footwear Brands, Retailers and Manufacturers met in Hong Kong end March to assess the potential to work together towards more alignment across companies in different areas including Product Safety requirements&,,,.
Getinvolved
54
Contact meAndre Leroy
[email protected](852) 3604 1393
Understanding Government Product Safety Standards and Regulations
Hangzhou
May 11, 2010
Coffee BreakSponsored by Oeko-Tex
Hangzhou
May 11, 2010
Document Certification for Customs and Retail
Hangzhou
May 11, 2010
Consumer Product Safety Consumer Product Safety Improvement Act of 2008 Improvement Act of 2008
Documentation & Compliance IssuesDocumentation & Compliance Issues20082008
AAFA CHINA SEMINARS: May 6 & 11AAFA CHINA SEMINARS: May 6 & 11, 2010, 2010: 2010: 20105566&11&11
Andrew B. Schroth, Esq. Andrew B. Schroth, Esq. Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
No. 9 QueenNo. 9 Queens Road Central, Suite 2407, Hong Kongs Road Central, Suite 2407, Hong KongTel.: +852Tel.: +852--21372137--2700 2700 Fax: +852Fax: +852--21372137--27012701
EE--mail: mail: [email protected]@gdlsk.com
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
CPSIA OverviewCPSIA Overview
Consumer Product Safety Consumer Product Safety Improvement Act of 2008 Improvement Act of 2008 ((CPSIACPSIA) ) signed into law on signed into law on August 14, 2008.August 14, 2008.20082008 -- 20082008881414
CPSIA is geared towards CPSIA is geared towards children's products but imposes children's products but imposes a a compliance certification compliance certification requirementrequirement for for any productany productwhich is subject to which is subject to any consumer any consumer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
General ruleGeneral rule An ADULT product that is subject to a CPSC An ADULT product that is subject to a CPSC
rule/regulation requires a general compliance rule/regulation requires a general compliance certification based on a certification based on a reasonable testingreasonable testing programprogram / / ,,
A CHILDRENA CHILDRENs product requires a certification based on s product requires a certification based on testing by an accredited 3testing by an accredited 3rdrd party lab (unless currently party lab (unless currently delayed)delayed),,
Who must issue the certification?Who must issue the certification? ?? The importer (or domestic manufacturer)The importer (or domestic manufacturer)
(()) Testing labs Testing labs cannotcannot certifycertify
Manufacturers are usually requested to prepare this Manufacturers are usually requested to prepare this documentdocument
COMPLIANCE CERTIFICATION REQUIREMENTCOMPLIANCE CERTIFICATION REQUIREMENT
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
COMPLIANCE CERTIFICATION REQUIREMENTCOMPLIANCE CERTIFICATION REQUIREMENT
Content of CertificatesContent of Certificates::
1. Identification1. Identification of the product covered by the certificateof the product covered by the certificate
Must describe the product in enough detail to Must describe the product in enough detail to match the certificate to the covered productmatch the certificate to the covered product
2. 2. Citation to each CPSC product safety regulation to which Citation to each CPSC product safety regulation to which the product is being certifiedthe product is being certified
It is not acceptable to issue a certification that It is not acceptable to issue a certification that offers only a offers only a general compliancegeneral compliance statement.statement., , ..
3. 3. Identification of the U.S. importer certifying compliance of Identification of the U.S. importer certifying compliance of the productthe product
Name, full mailing address and phoneName, full mailing address and phone, ,
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
COMPLIANCE CERTIFICATION REQUIREMENTCOMPLIANCE CERTIFICATION REQUIREMENT
Content of Certificates (continued)Content of Certificates (continued): : (())
4. 4. Contact information for the individual maintaining records Contact information for the individual maintaining records of test resultsof test results
Name, full mailing address, email and phoneName, full mailing address, email and phone, ,
5.5. Date and place where the product was manufacturedDate and place where the product was manufactured
Provide at least month and year; city and country or Provide at least month and year; city and country or administrative regionadministrative region; ;
If same manufacturer operates more than one If same manufacturer operates more than one location in the same city, provide street address of location in the same city, provide street address of the factorythe factory, ,
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
COMPLIANCE CERTIFICATION REQUIREMENTCOMPLIANCE CERTIFICATION REQUIREMENT
Content of Certificates (continued)Content of Certificates (continued):: (())
6.6. Date and place where the product was tested for Date and place where the product was tested for compliance with the regulation(s) cited abovecompliance with the regulation(s) cited above
Date of test reports and location of testingDate of test reports and location of testing
7.7. Identification of any thirdIdentification of any third--party laboratory on whose party laboratory on whose testing the certificate dependstesting the certificate depends
If third party lab was used, give name, full mailing If third party lab was used, give name, full mailing address and phone of lab.address and phone of lab., , , ,
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
COMPLIANCE CERTIFICATION REQUIREMENTCOMPLIANCE CERTIFICATION REQUIREMENT
FormatFormat: There is currently no required format: There is currently no required format
: :
The certificate does not have to be signed by the The certificate does not have to be signed by the issuer(sissuer(s). Rather, ). Rather, the the act ofact of issuing the certificate satisfies the new law.issuing the certificate satisfies the new law., ,
Whether hard copy or electronic Whether hard copy or electronic -- Must be created prior to arrival of Must be created prior to arrival of the shipment in question into U.S. domestic commerce.the shipment in question into U.S. domestic commerce.
Avoid Avoid overcertifyingovercertifying.. e.g., including standards that are not e.g., including standards that are not applicable CPSC standardsapplicable CPSC standards. . ., ., ..
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
COMPLIANCE CERTIFICATION CERTIFICATION REQUIREMENTREQUIREMENT
How must the certification be presented at time of importation?How must the certification be presented at time of importation??? Certification must Certification must accompanyaccompany each shipment each shipment
which contains goods covered by CPSC standardswhich contains goods covered by CPSC standards, , MythsMyths
Must be on or in the shipping cartonMust be on or in the shipping carton
Must be filed with the GovernmentMust be filed with the Government
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
CERTIFICATION CERTIFICATION REQUIREMENTREQUIREMENT
Must be available to Customs/CPSC (if requested) as soon Must be available to Customs/CPSC (if requested) as soon as the product itself is available for inspection in the U.S.as the product itself is available for inspection in the U.S., , //(() )
Electronic format permitted as long as CPSC has Electronic format permitted as long as CPSC has reasonable access to it and it contains all required reasonable access to it and it contains all required informationinformation , , CPSCCPSC, ,
Reasonable Access? Reasonable Access? -- accessible via the internet and accessible via the internet and identified by a unique identifier which must be created in identified by a unique identifier which must be created in advance and be available with the shipment. advance and be available with the shipment. ? ? Internet, Internet,
Provide electronic or hard copy to customs brokerProvide electronic or hard copy to customs broker
Include hard copy with shipping documents, orInclude hard copy with shipping documents, or, ,
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
COMPLIANCE COMPLIANCE CERTIFICATION CERTIFICATION REQUIREMENTREQUIREMENT
CPSC and CBP may at some point provide for the electronic CPSC and CBP may at some point provide for the electronic filing of certificates up to 24 hours before arrival on an filing of certificates up to 24 hours before arrival on an imported product.imported product. 2424,,
Importers must also furnish copy of certification to its Importers must also furnish copy of certification to its customers (distributors, retailers)customers (distributors, retailers) ((, , )) Provide a copy or reasonable means Provide a copy or reasonable means
to access the certificateto access the certificate
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
RecordkeepingRecordkeeping
CPSC currently recommends that importers CPSC currently recommends that importers maintain certifications and supporting test maintain certifications and supporting test records for at least 3 years (possibly 5 years if records for at least 3 years (possibly 5 years if it becomes a required U.S. Customs entry it becomes a required U.S. Customs entry document)document) ,,, , 33((, , 55))
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Delayed Enforcement of Certain Delayed Enforcement of Certain Compliance CertificationsCompliance Certifications
The testing and certification requirements are being phased inThe testing and certification requirements are being phased in
ChildrenChildrens Productss Products Certifications and testing by accredited 3rd party labs are currCertifications and testing by accredited 3rd party labs are currentlyently
required for the following:required for the following:::
1.1. Lead paint and surface coatings Lead paint and surface coatings --manufactured after 12/21/08 (lead manufactured after 12/21/08 (lead content content not until 2/10/11)not until 2/10/11) 08/12/2108/12/21 (( 2/10/11)2/10/11)
2.2. Small parts regulations Small parts regulations --manufactured after 2/15/09manufactured after 2/15/09 09/2/1509/2/15
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Delayed Enforcement of Delayed Enforcement of Compliance CertificationsCompliance Certifications
ImportantImportant: Although cert./testing is postponed for : Although cert./testing is postponed for
certain standards, products are still required to comply certain standards, products are still required to comply with the underlying standard (e.g., flammability, total with the underlying standard (e.g., flammability, total lead content, phthalates, etc.).lead content, phthalates, etc.). ::, , ((., ., , , , , ))
For various childrenFor various childrens standards, 3s standards, 3rdrd party testing and party testing and certification is delayed until 90 days after lab accreditation certification is delayed until 90 days after lab accreditation requirements are published, for examplerequirements are published, for example:: , , 9090, , ::
Wearing apparel flammability (both adult and children)Wearing apparel flammability (both adult and children) (())
Phthalates Phthalates 16 CFR 1610 16 CFR 1610 the clothing flammability the clothing flammability standard.standard. 16CFR1610 16CFR1610 --
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Avoiding Shipment Avoiding Shipment Delays at Entry PointsDelays at Entry Points Invoice descriptionsInvoice descriptions make sure make sure product description is accurateproduct description is accurate -- e.g.,e.g., whether for adults or children whether for adults or children if for children, what is the if for children, what is the
intended age range.intended age range..,., , ,
Properly classified under the HTS. Properly classified under the HTS. If misclassified under a If misclassified under a targetedtargetedHTS #, could result in additional HTS #, could result in additional unnecessary scrutiny. unnecessary scrutiny. HTSHTS. . HTS#HTS#
If goods are detained or seized, If goods are detained or seized, must be proactive must be proactive , , , ,
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Consequences of NonConsequences of Non--ComplianceCompliance
Goods will be refused entry and possibly Goods will be refused entry and possibly destroyed ifdestroyed if::, , ::
No certification or nonNo certification or non--compliant certificationcompliant certification
Product is tested by CPSC at time of entry and Product is tested by CPSC at time of entry and failsfailsCPSCCPSC It may be possible to obtain release under bond if It may be possible to obtain release under bond if
the importer is able to recondition the product to the importer is able to recondition the product to bring into compliance (e.g., replace buttons on shirt bring into compliance (e.g., replace buttons on shirt which contain lead).which contain lead)., , ((.,.,))
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Consequences of NonConsequences of Non--ComplianceCompliance
If nonIf non--compliant product is found at retailcompliant product is found at retail:::: Will likely result in a product recallWill likely result in a product recall
If company had actual knowledge or notice, If company had actual knowledge or notice,
criminal penaltiescriminal penalties, ,
Must have Must have CPSCCPSCss permission to export, only to permission to export, only to correct deficiency, cannot sell to 3correct deficiency, cannot sell to 3rdrd countries!countries!CPSCCPSC, ,
NonNon--Resident Importers of RecordResident Importers of Record (DDP sales) (DDP sales) treated as US Importertreated as US Importer(DDP(DDP) )
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Consequences of NonConsequences of Non--ComplianceCompliance
Civil PenaltiesCivil Penalties
New Penalties amounts effective New Penalties amounts effective 8/14/098/14/09 09/8/1409/8/14
Increased to $100,000 (up from Increased to $100,000 (up from $5,000) for each violation$5,000) for each violation , , $100,000 ($100,000 ($5,000$5,000))
Maximum of $15,000,000 in total Maximum of $15,000,000 in total violations (up from $1,250,000). violations (up from $1,250,000). $15,000,000($15,000,000($1,250,000$1,250,000))
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Consequences of NonConsequences of Non--Compliance Compliance
Criminal Penalties: Knowing and Willful Criminal Penalties: Knowing and Willful ConductConduct
Increased finesIncreased fines Imprisonment up to 5 years Imprisonment up to 5 years 55 Ability to seek asset forfeiture for assets Ability to seek asset forfeiture for assets
associated with the criminal violationassociated with the criminal violation
Can be imposed for:Can be imposed for: :: failure to issue a required certification, or failure to issue a required certification, or
to issue a false or misleading certificationto issue a false or misleading certification, ,
misrepresenting the scope of a product misrepresenting the scope of a product recallrecall
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Consequences of NonConsequences of Non--ComplianceCompliance
Examples of Prohibited Acts under the CPSAExamples of Prohibited Acts under the CPSACPSA CPSA
Import into the U.S. a product Import into the U.S. a product that is not in conformity with a that is not in conformity with a CPSC rule, regulation, CPSC rule, regulation, standard, or banstandard, or ban CPSACPSA, ,
Fail to furnish a certificate, or Fail to furnish a certificate, or issue a false certificateissue a false certificate , ,
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
What Should a Producer/Exporter Do Now?What Should a Producer/Exporter Do Now?//??
Know Your CPSC Requirements In Advance:Know Your CPSC Requirements In Advance:CPSACPSA::
Determine the following or ask for CPSC advice:Determine the following or ask for CPSC advice:::
Is my product a childrenIs my product a childrens product?s product? ?? What CPSC standards apply to my products?What CPSC standards apply to my products?
CPSACPSA?? Do I need to test my product/use a 3Do I need to test my product/use a 3rdrd party lab?party lab?
?? Do I need a compliance certification?Do I need a compliance certification?
??
Consider amending terms and conditions to limit Consider amending terms and conditions to limit liability on this issue with buyers/importers (hold liability on this issue with buyers/importers (hold harmless, indemnification agreements)harmless, indemnification agreements)//, , ((, , ))
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
What Should a Producer/Exporter Do Now?What Should a Producer/Exporter Do Now?//??
Identify the standards that apply to the CompanyIdentify the standards that apply to the Companys s productsproducts
Understand the requirementsUnderstand the requirementslevels, effective levels, effective dates, testing and certification requirementsdates, testing and certification requirements, , , ,
Create a program for implementation: Create a program for implementation: :: Incorporate CPSC standards during product Incorporate CPSC standards during product
development stagedevelopment stage CPSCCPSC Quality assurance programQuality assurance program
Screen raw materials for lead paint, content and Screen raw materials for lead paint, content and flammabilityflammability , ,
Request product information from material suppliers Request product information from material suppliers and seek out compliant materialsand seek out compliant materials
Certification and testing programCertification and testing program
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
What Should a Producer/Exporter Do Now?What Should a Producer/Exporter Do Now?//??
Adopt procedures for handling nonAdopt procedures for handling non--compliant inventorycompliant inventory
Adopt a recall policy Adopt a recall policy criticalcritical
Adopt procedures for communicating Adopt procedures for communicating with and challenging with and challenging CPSC/Customs with regard to CPSC/Customs with regard to seized goodsseized goods, , CPSC/CPSC/
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
Questions?Questions?Andrew B. Schroth, Esq.Andrew B. Schroth, Esq.
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPGrunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLPNo. 9 QueenNo. 9 Queens Road Centrals Road Central
Suite 2407Suite 2407Hong KongHong Kong
Tel.: +852Tel.: +852--21372137--27002700Fax: +852Fax: +852--21372137--27012701
EE--mail: mail: [email protected]@gdlsk.com
Document Document Certification for Certification for
Customs and RetailCustoms and Retail
Hangzhou
May 11, 2010
LunchSponsored by Micro-Pak Ltd. And
Thermo Fisher Niton Analyzers
Hangzhou
May 11, 2010
Case Study: Non-Compliance: What is the Cost to the Factory the Workers, the Brand, the Consumer
Hangzhou
May 11, 2010
Hennes & Mauritz
Non Compliance
What is the cost of Factory, Workers, Brand/ Consumers
Albert Liu
Quality Assurance Manager - H&M Hong Kong
May, 2010
Contents Facts about H&M Chemical Restriction & Legislation Non compliance, what is the cost? How to secure a good quality? What is the benefits?
Facts About H&M International Clothing Retailer Established in Sweden in 1947 More than 2000 stores over 37 countries Over 76,000 employees Around 700 suppliers in 16 production offices The turnover in 2009 was SEK 118 billion
Fashion and Quality at the Best Price
QUALTY ASSURANCEFacts about H&M
Quality Standards
Chemical Restrictions
Color Standards
Label content
Legislation EU
Legislation REACH (Registration, Evaluation and Authorisation of Chemicals)
USA California Proposition 65 CPSIA (Consumer Product Safety Improvement Act)
Japan Law 112 (Law for the control of household products
containing harmful substances)
China GB 18401-2003 (National general safety technical code for
textile products)
H&M Chemical Restrictions (RSL)
List of restricted chemicals Implementation Toolkits Follow most stringent
legislations & restricted chemicals of concern
Frequent review & update Dye stuffs, pesticides, heavy
metals, formaldehyde, APEO, PVC, phthalates etc
Restricted Chemical listsH&M Chemical Restrictions
Are all parties following the legislation?
Non compliance what is the cost?
Workers Environment Customers Garment manufacturer Brand
Workers Cost of Non Compliance?
EnvironmentCost of Non Compliance?
CustomerCost of Non Compliance?
CustomerCost of Non Compliance?
Brand Cost of Non Compliance?
Children jackets as poisonous as harbour waste sludgeGerman newspaper Hamburg Morgen Post 23 October 2001
Hormone disruptors in Children-Rainwear
Brand Cost of Non Compliance?
November 2005
Adidas and H&M are best
Brand & SupplierCost of Non Compliance?
T-shirt in organic cotton
Lost sales: >300 000 USD
Fail Phthalates in Print
Cr VI in Leather
Leather jacket
Lost sales: >350 000 USD
Brand & SupplierCost for Non Compliance?
How to secure a good quality?
Production ProcessFactory AuditCommunication
GarmentButton
Zipper
Sequin
Accessories
Wet processing
Spinning
Knitting
Weaving
WashingFibre
Oil
Size
Dyes
Auxiliaries
Print paste
Pigment
Plastic
Metal
Synthetic fibre
Natural fibreDetergents
Bleach
Production ProcessHow to secure good quality?
Audit for H&M Chemical Restrictions Document check Certificates compliance from Chemical manufacturers Test reports
Audit for chemical handling MSDS (Material Safety Data Sheet) PPE (Personal Protective Equipment) Labelled chemical containers Correct storage etc.
Chemical waste disposal Waste water Left over chemicals
Customer/Environment
Worker
Environment
Factory AuditHow to secure good quality?
Factory Audit How to secure good quality?
H&M
SUPPLIER
Chemical restrictions (RSL)
SUB CONTRACTOR
DYER
PRINTER
TANNER
CHEMICAL
MANUFACTURER
CommunicationHow to secure good quality?
Compliance declaration
Lack of Communication/Information
APEO in Cotton fabric
Reason: Scouring agent contained APEO
Action: Called chemical supplier and asked for confirmation and APEO-free alternative
Time needed: 5 min
Cost: almost nothing
BUT nobody asked the question before
Lead in Polyurethane (PU) coated fabric (rainwear)
Reason: PU manufacturer received incomplete RSL from garment maker: PVC and phthalates not heavy metals
Action: Give complete restrictions list
Time needed: 5 min Cost: almost nothing
Lack of Communication/Information
CommunicationHow to secure good quality?
Flow of information through out the supply chain Clarity of what is required How Implement it Test / follow up
Cooperation AFIRM AAFA Chemical supplier 3rd party testing lab
What is the Benefits? Workers working conditions Environmental impact Production Leadtime Reduce testing cost/ claim Better Quality
Thank you
Case Study: Non-Compliance: What is the Cost to the Factory the Workers, the Brand, the Consumer
Hangzhou
May 11, 2010
Chemically-Compliant Supply Chains
&Corporate Restricted
Substances Listsc
Hangzhou
May 11, 2010
2009
Corporate Restricted Substances Lists - Levi Strauss & Co.
Kitty Man
2009 116
Content
Levi Strauss & Co. RSL recent changes Working with suppliers - meeting LS&Co. RSL Documents needed for RSL management AAFAs RSL and AFIRMs toolkit
2009 117
Levi Strauss & Co. RSLWhy and what?
Global standard on chemicals on products or used in production
Laws and regulations GB 18401 CPSIA REACH
Protect workers and consumers Environmental initiatives Brands, eco-labels and AAFA (American Apparel and
Footwear Association) etc
2009
Working with suppliers - meeting LS&Co. RSL
2009 119
Working with Suppliers - Meeting LS&Co. RSL Areas to focus
Human Behavior Raw Material Management Chemical Management Production Processes
Robust factory RSL management systems is needed.
2009 120
Working with Suppliers - Meeting LS&Co. RSL Areas to focus - Human Behavior
Read the RSL and Toolkit Education / Communication
All staff, with focus on: Material / chemical purchaser Production manager Chemical room manager anyone that touches chemicals
Your Supply Chain
Connect with LS&Co. Product Safety TeamTake away # 1
2-way communications.
2009 121
Working with Suppliers - Meeting LS&Co. RSL Areas to focus - Raw Material Management
Know what you purchase Type of material Chance for failure
Source of raw material Reputable supplier Small corner shop
Assurance from supplier Test reports, eco labels, declarations Recent date, valid test method, same material
2009 122
Working with Suppliers - Meeting LS&Co. RSL Areas to focus - Raw Material Management
Follow testing requirements Proactive internal random testing Understand potential failures for each type of material
and test accordingly Example: Natural Fibres - azo dyes
Maintain a comprehensive understanding of your raw material to minimize failure risk.
Take away # 2Know what you are buying.
2009 123
Working with Suppliers - Meeting LS&Co. RSL Areas to focus - Chemical Management
Chemicals include: Dyestuff and colorants Printing inks and binders Detergent, fixing agents, softeners Chemicals for special finishing (wrinkle free / easy care) Adhesives and solvents
If the chemical company dont know what theyre selling, dont buy their chemical.
2009 124
Working with Suppliers - Meeting LS&Co. RSL Areas to focus - Chemical Management
Chemical purchase price is not the only factor when selecting chemicals
$1.20$1.25Price per garment
8 grams25 gramsUsage per garment
$150/kg$50/kgPrice
BAChemical
2009 125
Working with Suppliers - Meeting LS&Co. RSL Areas to focus - Chemical Management
In-house chemical management Maintain a current chemical
inventory Label and segregate all chemical
containers properly Cover all containers avoid spillage
and contamination Obtain assurance from chemical
company Document and maintain formulations
2009 126
Working with Suppliers - Meeting LS&Co. RSL Areas to focus - Production Processes
Document chemical formulations Document production conditions
Drying temperature/duration
Regular calibration of equipment Appropriate chemical use
Dying, printing, finishing
Comprehensive documentation Technical Data Sheets (TDS) Material Safety Data Sheets (MSDS)
2009 127
Documents needed for RSL management
RSL Training log Material/chemical inventory list Test reports / certification from suppliers Bill of material Recipes Machine calibration record Production process control variables Etc
2009
AFIRM Toolkit
2009 129
129
RSL Management System
RSL Toolkit
www.afirm-group.com
2009 130
AFIRM Toolkit Contents
Introduction Restricted Substance List (RSL) Where are the risks? Educate the Supply Chain RSL Testing RSL Implementation Links to brand RSLs Appendices
www.afirm-group.com
2009 131
Successful Manufacturers
Understand restrictions Understand what you are doing Setup in-house RSL team Ensure thorough communication and engagement
throughout supply chain Maintain chemical inventory list Document the formulation / recipe Ensure controls are in place Be transparent Take ownership
132AAFAAAFA
American Apparel & Footwear Association
Establishing a Chemically Establishing a Chemically Compliant Supply Chain Compliant Supply Chain
Dongguan Dongguan May 06May 06
Hangzhou Hangzhou May 11May 11
AAFAAAFA
HBI Chemical Management
ObjectivesRegulatory ComplianceEmployee SafetyConsumer ProtectionReduced Product Testing
AAFAAAFA
The System HBI Owned Locations
Chemical Approval SystemAll Chemicals Must Receive Corporate Approval Prior to Purchase
The Approval ProcessReduce Wastewater PollutantsEliminate Hazardous Waste GenerationMinimize Air PollutantsAccurate Regulatory ReportingImprove Employee Chemical SafetyManage Chemicals in Consumer Products
AAFAAAFA
The System HBI Owned Locations
Maintain Electronic Corporate Database of Approved Chemicals by Facility/Department
All Chemicals Must be Approved Prior to PurchaseScreen all chemicals for compliance prior to use or
integration into product design and/or manufacturing
Standardize chemical management systems in all manufacturing plants
Continuous improvement to more sustainable chemistries
AAFAAAFA
The System Supply Chain
Contract/Purchase Order Language includes Compliance with Restricted Substance List(s)
Certification of Compliance has been Required when Mandated by Law
Assistance was Provided to Supply Chain Facilities Upon Request
AAFAAAFA
The System Supply Chain
A Third Party Chemical Audit Program Has Been Implemented
ChinaThailandTaiwanBangladeshHondurasUSA
AAFAAAFA
The Audit
The First Audit is Financed by HBI Chemicals used for HBI product and all other production chemicals on site will be reviewed
FindingsAll findings are confidentialIf a regulated chemical is found on HBI products, replacement must be immediate
There will be an evaluation of existing products and liabilitiesHBI will assist in locating alternative chemicals
If a regulated chemical is discovered, but not in use on HBI products, it will be referenced in the report in order to assist the facility in its chemical management
AAFAAAFA
The Audit
Subsequent AuditsAt facility expenseUse of restricted chemicals on HBI product will result in immediate loss of the contract
AAFAAAFA
The System - Chemical Suppliers
HBI Reduced the Number of Process Chemical Suppliers from Greater than 65 to 12
Partnerships Have Been Established with Preferred Dye and Chemical Suppliers
Demonstrated Chemical ExpertiseRegulatory KnowledgeRecognition of Restricted SubstancesExisting Chemical Management SystemsTransparency
AAFAAAFA
Supply Chain Classification - Developing
Fabric Mills are Divided into Tiers Based on Chemical Management Systems
Tier IWell Established Chemical ManagementUse only HBI Preferred Chemical SuppliersThe Tier I Guidelines
Third party chemical audits every three years (HBI cost)Limited compliance testing (Factory Cost)Preferred supplier status
AAFAAAFA
Supply Chain Classification - Developing
Tier IIWell defined Chemical ManagementUse of Preferred Chemical Suppliers for HBI Products but Chemicals are on Site from Non-Preferred Chemical SuppliersThe Tier II Guidelines
Third party chemical audits every two years (Factory Cost)Increased compliance testing (Factory Cost)Second in chain of preferred supplier status
AAFAAAFA
Supply Chain Classification - Developing
Tier IIIUse chemicals with unsubstantiated compliance in the HBI chemical management system
Third party chemical audits six to twelve months (Factory Cost)Aggressive compliance testing (Factory Cost)Lowest level of supplier status
AAFAAAFA
Supply Chain & Preferred Chemical Suppliers
Efforts are in Process to Use the Combined Dye and Chemical Usages of HBI and its Supply Chain to Negotiate Reduced Costs with the Preferred Dye and Chemical Suppliers
AAFAAAFA
AAFA and Industry Approaches
The AAFA Restricted Substance ListA Goal of One Standardized Global RSL for
the IndustryDeveloped by a Group of Industry Experts
ManufacturingRetailTesting LabsCertification Companies
AAFAAAFA
AAFA and Industry Approaches
Updated Semi-AnnuallyVersion 6 Released in February 2010Version 7 to be Released in September 2010
Value and Rationale for Using AAFA RSL
AAFAAAFA
The AAFA List
The StructureChemicals with Regulatory Concentration LimitsGlobal Regulatory ReferenceReferences Regulations With Exposure or Contact Limitations by Reference
New RegulationsTwo Appendices
Government Required LabelingGovernment Required Reporting
AAFAAAFA
The AAFA List
Chemical Management Seminars
FREE !FREE !
http://www.apparelandfootwear.org/Resources/RestrictedSubstances.asp
AAFAAAFA
RSL Tool Kit
AFIRM
http://afirm-group.com/supplierstool.htm
AAFATool kit for use by smaller companies with limited resources IN DEVELOPMENT
Chemical Management
and Compliance in Esquel
by Yugao Zhang
May 2010
Chemicals used in Esquel
Synthetic fibre
Natural fibre
AccessoriesButton
Label
Package
Dyes
Auxiliaries
Chemicals
Pigment
Plastic
Metal
Wet processingLoose fibre dyeing
Yarn dyeing
Piece dyeing
Garment dyeing
Washing
GarmentYarn
Heather YarnSpinning
FabricKnitting
Weaving
Detergents
Softeners
Dyes
Auxiliaries
Chemicals
Pigment
Plastic
Metal
Wet processingLoose fibre dyeing
Yarn dyeing
Piece dyeing
Garment dyeing
Washing
GarmentYarn
Heather YarnSpinning
FabricKnitting
Weaving
Detergents
Softeners
Chemical Management Procedure
Global Legislation
REACH
CPSC
California Proposition 65
Japan Law 112
Customers RSL Requirement
Esquel Chemical
Management system
Require Suppliers and Subcontracts guarantee the
RSL compliance
Esquel products compliant with legislations and
customers requirement
Esquel identified and eliminated the RSL
substances
Esquel RSL
Chemical Management Procedure
Supplier Selection Criteria Internationally operated company or well known large scale local
company
Good record of environmental protection should meet local environmental protection law and regulations
Be able to provide complete documents on chemical product and safety, e.g. Product technical instruction, MSDS and testing report
Confirmation letter to Esquels RSL
For dyestuff, the supplier should be a ETAD member
Chemical Management ProcedureApproval Process
First Step: Must provide documents before trial TDS
MSDS
Confirmation Letter
Second Step: Approval for trial
Third Step: Monitoring testing
Final approval: Approval to use in production
Management: Issued chemical management policy across all manufacturing divisions and operated in line with ISO14001
Updating Esquel RSL
Approval Record
Documentation
Product Management
Final product Certificate - Okeo-Tex 100 Certificate
Yarns, Fabrics and Garments
Product testing against RSL
Sample developing: Third party testing
Bulk: Third party monitoring testing initiated by Customers
and Esquel, such as AZO, heavy metal, phthalates
Chemical Management Procedure
Esquel RSL and Certificate
Esquel Supplier RSL Declaration
Chemical Management Procedure
RSL
Main Chemicals in RSL
Azo dyes Disperse Dyes Sensitizing Chromium VI Heavy Metals Pentachlorophenol Phthalates Organotin APEO Formaldehyde
160
Thank you!
Chemically-Compliant Supply Chains
&Corporate Restricted
Substances Lists
Hangzhou
May 11, 2010
Coffee BreakSponsored by
IntertekHangzhou
May 11, 2010
Understanding Testing When to Test, How to Test, What to Test
Hangzhou
May 11, 2010
From Application Form to Report
Dr. Jane JiangSoftline Technical Director (Asia Pacific)
SGS-CSTC Standards Technical Services (Shanghai) Co., Ltd.
Email: [email protected]
11 May, 2010
------ How to Achieve RS Control and Quality Improvement through the Lab Testing
165
Outline
Process flow of testing How to test QA and QC lab programs Reporting
166
Quality Management and PDCA Circle
Testing is not target and answer Important part of the quality systems Feedback from testing result Continuous Improvement
Build quality into system
Testing
167
Process Flow of Testing
Samples in Sample review & breakdownSample cutting
/ weighing
Extraction / DigestionInstrument analysis
Record test data + comments
Issue draft report Report reviewed by authorized personnelSend test report
to client
Application form & contract review
Method
Matrix
Sample
168
Outline
Process flow of testing How to test QA and QC lab programs Reporting
169
Selection of Test Parameters
Regulatory-based testing matrices Product category End-market
Common market requirements End-buyer RSL programs Product safety Production process
Tailored tests Special request from clients
170
Application of Different Test Methods
Regulations that specified the test methodse.g. Nickel release, Azo dyes, CPSIA
International / National test standardse.g. ISO, EN, DIN, ASTM, etc
In-house methods When there is no official method available,
laboratory may use its own method after thorough research and validation of the method.
Tailored methods Special request by clients / end buyers.
E.g. for sample with bad smell or cause any allergenic reaction
171
Sampling
Homogeneous material It is necessary as per legal or buyer requirement And hence, test sample should be separated into
the lowest homogeneous level
Individual / Composite test All legal requirement is based on Individual test
result Composite test is an cost effective-risk balance
approach, by mixing 3 of components in 1 test At the same time, increase of deviation in test
result may result due to the influence of matrix and dilution effect
For some test parameters such as Chromium (VI), pH value composite is not allowed due to the interference from sample matrix in the mixture
172
Sampling
Sample amount Different chemical tests required different amount
of sample It depends on the sample pre-treatment, analytical
technique and the legal requirement
Insufficient sample With less sample amount, it will also reduce the
accuracy of test result In worst situation, testing cannot be performed
when the sample is less than the minimum amount
Client may be requested for additional sample
173
Outline
Process of testing How to test QA and QC lab programs Reporting
174
QA & QC Lab Program
Accreditation against ISO/IEC 17025 Within the lab
Personnel Systematic training to the staff Only qualified staff is allowed to carry out the testing
Quality control during routine testinge.g. calibration curve, calibration check, spikes, blank, Certified Reference Materials (CRMs) etc
Per batch of samples / Every 1-in-20 / cover all samples tested
Records Quality control chart/ QC data to monitor
performance Training record to ensure the professionalism of
staffs Regular instrument calibration and maintenance
programs
175
QA & QC Lab Program
External Proficiency-testing programs
e.g. IIS, CHEK, FAPAS, LGC etc Inter-laboratory correlation exercise
Audit External audit by accreditation bodies
e.g. HOKLAS, DAkkS, CNAS Internal audit
Global platform for internal alignment Technical alignment with affiliates Global SOPs, report templates, guideline etc Frequent workshops/meetings among the affiliates
176
Outline
Process of testing How to test QA and QC lab programs Reporting
177
Reporting How to Read a Report
Client information
Overall results
Result for each individual
parameters
178
Reporting How to Read a Report
Test result for each component
Description of test method
Component list
Special note of testing, e.g. DL
179
Quality Management and PDCA Circle
Testing is not target and answer Important part of the quality systems Feedback from testing result Continuous Improvement
Build quality into system
Testing
Dr. Jean-Pierre Haug, COO, TESTEX Swiss Textile Testing Institute, Zrich
Understanding Testing: At the Factory
International Product Safety & Restricted Substances Conference
5 May in Dongguan, 11 May in Hangzhou
Topics
Testing at what stage, also raw materials? How to avoid contamination RSL management, communication with
suppliers, processing of non-compliant input
Communication within supply-chain
Typical Supply Chain(1 single test, responsibility at the fiber production)
625
125
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5
1
5
160000
8000
400
20
1
20
10000
1000
100
10
1
10
16
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1
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Apparel industry
Dyehouse
Fabric producer
Yarn producer
Fiber producer
Supplier
Testin
g at a
n earl
y stag
e save
s mone
y!
1
1
1
1
1
1number of clients
Who is responsible for what?
Fibre producer:
Master Batch(Pb, Phthalates?)
Spinning oils(PAHs?)
Pesticides, heavy metals
Polymerisation(Heavy metals, monomers?)
Who is responsible for what?
Yarn producer:
Reviving agents(PAHs?)
Waxes
Who is responsible for what?
Fabric producer:
Warp-Sizing(Active chemical
products, chlorinated
phenols, i.e. PCP and similar?)
Bonding of non-woven(Formaldehyde?)
Who is responsible for what?
Dyehouse/Finishing:
Colouring(banned azo colorants, sensitizing colorants,
heavy metals,chlorinated
benzenes/toluenes, phthalates, )
Finishing(heavy metals,
chlorinated phenols/benzenes/toluenes
phthalates, fluorinated substances, )
Sewing thread
Labels
Accessories
Lining
Fabric
Who is responsible for what?
Apparel industry:
Avoid cross-contamination
Sources of contamination:
Use of contaminated chemicals/dyes/auxiliaries (Problem of supplier) make them aware of restricted substances
Improper machine maintenance (cleaning between production batches)
Packaging of produced materials / testing samples Dont forget transport conservation (dimethylfumarate)!
RSL management Make all of your suppliers (raw materials, chemicals, dyes,
auxiliaries, accessories) aware of your needs Encourage/commit your suppliers to be part of an existing
certification network: for example Oeko-Tex for textiles (also for intermediate products and accessories), Eco-Passport for chemicals/colorants/auxiliaries
Validate the certification scheme: Do you know exactly what the scope of the certification is (transparency, quality control
measures)?
Supply chain communication Ask your supplier for any valuable information (MSDS,
specific statement about restricted substances, test reports) Validate this information Set up your own testing scheme/program (based on a true
and fair risk/knowledge assessment) Communicate open and truthfully with your buyers about
your own product (What are the characteristics? Where are potential problems? What has been tested? When/on which sample? What has not been tested why not?)
OR
Make you and your suppliers part of a net-work having a uniform and easy communication tool (for example Oeko-Texcertificates). In an unbroken certification chain along the supply chain enormous amount of testing costs can be saved!
Unbroken certification chain(again the same single test influenced by the fiber production)
625
125
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1
5
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8000
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Apparel industry
Dyehouse
Fabric producer
Yarn producer
Fiber producer
Supplier
1
1
1
1
1
1number of clients
Each member of the supply chain takes over responsibility for his own sector!
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Sewing thread
Labels
Accessories
Lining
Fabric
Making-up using certified components!
Apparel industry:
No additional tests are necessary!
Angelina Jolie and Vivien arriving at the Narita International Airport in Tokyo on the 27th of January 2009.
As seen in numerous newspapers and web-sites all over the world (for example www.celebuzz.com)
00-091 IFP Research AB Mlndal
Thank y
ou for y
our
kind att
ention
AAFA Seminar
Understanding Testing on the ProductWhen to Test, How to Test, What to Test
May 2010, Dongguan & Hangzhou
STR Testing & Inspection AGDr. Anne Bonhoff
Certification and Eco Labels
Certification refers to the confirmation of certain characteristics. This confirmation is often, but not always, provided by some form of external review, education, or assessment.
Product certification is the process of certifying that a certain product meets minimum standards. The qualification requirements are stipulated e.g. in regulations, certification requirements, RSL.
Certification and Eco Labels
ECO Labels: Certify products and services that are kinder to the environment
What is behind these labels which requirements needed to be fulfilled?
What do they mean?
etc. etc.
RSL Requirements
Each Eco Label stands for specific requirements which had to be fulfilled.
The Restricted Substances List defines those chemicalswhich are not allowed in products or which are not allowedto exceed a specific limit.
Is it necessary to test the final product for all those chemicals listed in the RSL?
Is it possible to select critical substances/chemicals?
If yes, how?
How to test the product
Focus on high risk material in your product.
Specific chemicals are related to specific materials or processes.
Test high risk material regularly if they are used continuously.
Test real product not special test sample.
Focus on critical parameters.
Test according to a matrix which identifies high risk substances.
What to Test
Matrix to identify high risk materials
xxxPCP, TeCP
xCr VI
xDisperse DyesxxxxAzo Dyes
xxPhthalatesxNickel
xxCadmium totalxxx(x)Lead total
MetalsPlasticSyntheticLeather
SyntheticFibre
NaturalFibre
LeatherRSL Parameter
What to do in case of Failures
1. Stop- stop production, stop shipping
2. If already shipped- inform customer immediately- avoid deliverance and unintended use- avoid recalls by officials
3. Dont repeat production and hope for a different lab result.
4. Investigate with support of laboratory, customer and raw material supplier.
What to do in case of Failures?
5. Identify- identify material of failure - which component, which colour.- can it be easily replaced e.g. shoelace.- collect and trace all related documents of raw materials, production steps, production records.
- review and analyze.
6. Root Cause- contamination e.g. forbidden azo dyes from an unclean dye container.
- sample variation e.g. cadmium residues in recycled PVC.- wrong raw materials, chemicals used during production e.g. forbidden azo dyes, forbidden phthalates, lead.
- did it occur after production e.g. Cr VI formation.
7. Action Plan- work to improve the material.- test corresponding raw material and products.- do selective testing for these parameters.- find alternatives e.g. for lead(lead used as pigment, speed dying, increase durability, avoid corrosion, retain a fresh appearance, heat stabilizer in plastic).
What to do in case of Failures?
What to do in case of Failures?
7. Action Plan- replace using alternatives
(e.g. use substitutes of lead as heat stabilizer such as barium, calcium, zinc, magnesium, or mixtures of these,rare earth, auxiliary heat stabilizers such as epoxides, phosphate ester).
- test with harder conditions to simulate the risk of Cr VI formation = test after agingaging: high temperature, low humidity.
- add additives to reduce the risk of Cr VI formation.
Thank You
www.STRQuality.com
Understanding Testing When to Test, How to Test, What to Test
Hangzhou
May 11, 2010
International Product Safety & Restricted
Substances Conference
Hangzhou
May 11, 2010