CPSC Activities Related to Candles and Candle Accessories NCA Update 2015

NCA 2015 Annual Conference and Expo 1

Update on CPSC’s Activities Related to Candles and Candle Accessories

Scott Ayers, P.E.NCA 2015 Annual Conference and Expo

June 3, 2015

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This presentation was prepared by CPSC staff, has not been reviewed or approved by, and may not reflect the views of, the Commission.


Presentation Overview

• What Is CPSC?• How CPSC Prevents Injuries and Deaths– Surveillance: Retail, Internet, and Ports– Investigations, Recalls, and Compliance– Voluntary Product Standards

• CPSC Involvement with ASTM F15.45– Summary of CPSC staff’s analysis and

recommendation on petition CP 04-01/HP 04-01

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U. S. Consumer Product Safety Commission

• Independent, federal agency• Established in 1973• 5 Commissioners• Over 500 staff• Headquarters in Bethesda, MD• Laboratory in Rockville, MD

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CPSC’s Mission:Protecting the public against unreasonable risks of injury from consumer products through education, safety standards activities, regulation, and enforcement.


Organization

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Safety Operations Operations Support

Executive DirectorGeneral Counsel

Chairman Elliot F. Kaye

CommissionerAnn Marie

Buerkle

Commissioner Joseph Mohorovic

CommissionerRobert Adler

CommissionerMarietta Robinson

Economics Engineering Sciences Epidemiology Health Sciences

Laboratory Sciences

Compliance and Field Operations

Hazard ID and Reduction

Import Surveillance


What Do We Regulate?

Consumer Products“. . . any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise…”1

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1 Section 3(a)(5) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(5)


What Do We Not Regulate?

• Alcohol, tobacco products, firearms (ATF)

• Drugs, cosmetics, food (FDA, USDA)

• Motor vehicles for road use (NHTSA), aircraft (FAA), boats and watercraft (USCG)

• Pesticides (EPA), medical devices (FDA), workplace products (OSHA and others)

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• Consumer Product Safety Act (CPSA)*– Amended by the Consumer Product Safety Improvement Act of 2008

• Federal Hazardous Substances Act (FHSA)*• Poison Prevention Packaging Act (PPPA)• Refrigerator Safety Act (RSA)• Virginia Graeme Baker Pool & Spa Safety Act (VGBA)• Children’s Gasoline Burn Prevention Act (CGBPA)• Flammable Fabrics Act (FFA)

*Most applicable to the candle industry

Jurisdictional Authority

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How CPSC Prevents Injuries and Deaths

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Regulations

Conducts Risk Assessments

Educates on Safe Use

Voluntary Product

Standards

Conducts Research

Surveillance: Retail, Internet,

Ports

Identifies, Monitors,

Analyzes Trends

Educates on Manufacturing

for Safety

Investigations, Recalls,

Compliance



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Regulations



Voluntary Product

Standards

Conducts Research


Ports


Analyzes Trends


for Safety


Compliance


Market Surveillance Activities

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• Program plans for regulated products; surveillance for defects and other risks

Retail

• Check for conformity with regulations and for recalled products being sold

Internet

• Investigators at key ports of entry

• Analysts (CPSC&CTAC) identify most likely at-risk products

Ports and Airports



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Regulations



Voluntary Product

Standards

Conducts Research


Ports


Analyzes Trends


for Safety


Compliance


Hypothetical Candle Product Situation

• You discover that your candle product MAY have a safety-related problem– You may not have necessarily had any consumer reports of the problem

• Section 15(b) of the CPSA requires you to report that information to CPSC immediately.– See the following link for more information on the information you need to include in

your report: • http://www.cpsc.gov/en/Business--Manufacturing/Recall-Guidance/

– Do not wait until you complete an internal investigation– Instead, provide additional information later in the process

• What you should know about reporting– Your report is confidential

• Under Section 6(b)(5) of the CPSA the Commission and its employees may not publicly disclose information reported under Section 15, except under certain circumstances

– Filing a report does not necessarily mean you will have to recall your product

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http://www.cpsc.gov/en/Business--Manufacturing/Recall-Guidance/


Section 15(b) Reporting Requirements

Section 15(b) of the CPSA establishes reporting requirements for manufacturers, importers, distributors and retailers of consumer products, or other product or substances distributed in commerce over which the Commission has jurisdiction. Each must notify the Commission immediately if it obtains information which reasonably supports the conclusion that a product distributed in commerce (1) Fails to comply with an applicable consumer product safety rule or with a

voluntary consumer product safety standard upon which the Commission has relied under section 9,

(2) Fails to comply with any other rule, regulation, standard or ban under the CPSA or any other Act enforced by the Commission,

(3) Contains a defect which could create a substantial product hazard, or (4) Creates an unreasonable risk of serious injury or death.

For detailed information, see CPSC’s Recall Handbook at http://www.cpsc.gov/PageFiles/106141/8002.pdf

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http://www.cpsc.gov/PageFiles/106141/8002.pdf


Frequently Asked Questions on Reporting

• If I suspect a product I manufactured, imported, distributed, offered to sell, or sold might be a hazard, how much time do I have to report this to the CPSC?– A company must report to the Commission within 24 hours of obtaining reportable information.

• What if I receive information that reasonably suggests my product could create a safety or health hazard but no reports have been received alleging that actual harm or injury has been suffered?– You must immediately report the information about the product. The law does not require injury or harm to have

occurred.

• Does filing a report with the CPSC mean that the CPSC is definitely going to recall my product?– No. Reporting a product to the Commission under Section 15 of the CPSA does not mean that the Commission

will conclude automatically that a corrective action is necessary.

• Does the Commission treat the information reported as confidential?– Yes. Under Section 6(b)(5) of the CPSA the Commission and its employees may not publicly disclose information

reported under Section 15, unless the Commission has:• Filed a legal complaint alleging that a product presents a substantial product hazard;• Has entered into a remedial settlement agreement dealing with a product;• Has published a public health or safety finding; or• The manufacturer consents to its disclosure. (Also see 16 CFR 1015.18.)

• More information can be found at:– http://www.cpsc.gov/en/Business--Manufacturing/Recall-Guidance/Duty-to-Report-to-the-CPSC-Your-Rights-and-

Responsibilities/

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http://www.cpsc.gov/en/Business--Manufacturing/Recall-Guidance/Duty-to-Report-to-the-CPSC-Your-Rights-and-Responsibilities/

http://www.cpsc.gov/en/Business--Manufacturing/Recall-Guidance/Duty-to-Report-to-the-CPSC-Your-Rights-and-Responsibilities/


Hypothetical Candle Situation

• CPSC Compliance staff will evaluate the information and circumstances to determine if your product contains a defect which could create a “substantial product hazard”– Conduct a Root Cause Analysis (RCA) to determine why it happened and how it could have

been prevented

• What is a “substantial product hazard”– A failure to comply with an applicable consumer product safety rule under [the CPSA] or

similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.• Section 15 of the Consumer Product Safety Act (CPSA)

• Corrective action will be required if your product is found to present a substantial product hazard – This includes, but is not limited to a Product Recall

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Regulations



Voluntary Product

Standards

Conducts Research


Ports


Analyzes Trends


for Safety


Compliance


CPSC and ASTM F15.45

• Candle-related fires from 1990 to 2001*

• CPSC in 1997 requested ASTM to develop voluntary performance standards for candles to reduce fire hazards associated with candle products

• ASTM formed several task groups addressing terminology, labeling, data evaluation, glass containers, wicks, and fire safety– To date there are a total of six published ASTM candle-related standards

• In March 2004, CPSC docketed a petition for the National Association of State Fire Marshals (NASFM) where NASFM asserted that mandatory standards are necessary because residential fires and associated fire losses caused by candles increased from 1989 to 1999 (CP 04-1/HP 04-1)6/3/2015

*Miller, David, “Candle Fire Loss Estimates and In-Depth Investigation Review,” CPSC July 7, 2014 https://www.cpsc.gov//Global/Newsroom/FOIA/CommissionBriefingPackages/2014/PetitionCP04-1andHP04-1RequestsforFireSafetyStandardforCandlesandCandleAccessories.pdf

https://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2014/PetitionCP04-1andHP04-1RequestsforFireSafetyStandardforCandlesandCandleAccessories.pdf



NASFM Candle Petition

• NASFM requested that the CPSC adopt and enforce a standard addressing candle products fire safety – Based, at a minimum, on the requirements contained within ASTM’s

Provisional Specifications for Fire Safety for Candles (PS59-02).• Excess flame height requirement• Secondary ignition requirement• End-of-life requirement• Stability requirement

– With additional requirements including: • Flammability performance requirements for candle accessories, including

candleholders;• End-of-useful life requirements for freestanding, tealight, taper, and votive candles;• Stability requirements for votive candles and taper candles mounted in

appropriate candle holders; and• Miscibility and flash point requirements for gel candles.

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NASFM Petition

• NASFM Asserted That…– …Because experts from the candle industry had provided

leadership and participated in the development of the ASTM standard, it should be commercially feasible

– …ASTM’s provisional standard, with the additional requirements, would adequately address the hazards and should be effective in reducing accidental fire losses

– …There were no mechanisms to ensure adherence to a voluntary standard by industry, and there would not be substantial compliance by industry with a voluntary standard

• Therefore, NASFM requested CPSC mandate a national candle product standard

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CPSC Required Analysis

• The CPSA requires(15 U.S.C. § 2056(b)(1)) that • “the Commission shall rely upon voluntary consumer product safety

standards rather than promulgate a consumer product safety standard prescribing requirements . . . whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely that there will be substantial compliance with such voluntary standards.”

• Therefore, to evaluate the petitioner’s request, staff reviewed whether:– Compliance with the ASTM standards would eliminate or

adequately reduce the risk – It is likely that there will be substantial compliance with the

ASTM standards

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Are the ASTM Standards Effective?

• ASTM, to date has published six standards– 1– 2– 3

• ASTM F2417-11 and ASTM F2601-13 collectively incorporate the requirements from PS59-02, along with the additional requirements presented in the petition

• These additional ASTM standards include more requirements for candles and candle products

• The ASTM standards continue to be updated and reevaluated as candle technologies evolve; and the standards are reviewed every five years

• To assess the effectiveness of the ASTM Standards, CPSC needed to assess the impact of the ASTM standards over time

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‒ F1972-05 (Terminology)‒ F2058-07 (Labeling)‒ F2179-14 (Glass)

‒ F2326-15 (Visible Emissions)‒ F2417-11 (Candle Fire Safety)‒ F2601-13 (Candle Accessories)


• Candle fires and injuries have been steadily decreasing since the publication of the provisional standard in 2002

• Analysis of CPSC candle-related Product Safety Assessments (PSAs) between FY2009 and FY2013 found that 82.5% of candle products assessed met ASTM requirements– 92.5% passed non-labelling ASTM performance requirements

• The ASTM subcommittee continues to meet regularly and evolve the standards as need be

Are the ASTM Standards Effective?

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*Miller, David, “Candle Fire Loss Estimates and In-Depth Investigation Review,” CPSC July 7, 2014 https://www.cpsc.gov//Global/Newsroom/FOIA/CommissionBriefingPackages/2014/PetitionCP04-1andHP04-1RequestsforFireSafetyStandardforCandlesandCandleAccessories.pdf




CPSC PSA Evaluation

• Analysis of CPSC candle-related PSAs between FY2009 and FY2013 (excludes products that did not conform to the labeling requirements)– 3 of 40 did not meet ASTM requirements– 2 of 40 probably had a paint or coating issue*

– 13 of 40 most likely had a QA/process error#

– 8 of 40 most likely was due to consumer misuse #

– 2 of 40 had no incident– 2 of 40 were caused by shipping damage– 8 of 40 incident was most likely caused by a product other than the

collected candle product #

– 4 of 40 there was not enough information to determine a most likely cause

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*Issue is currently not covered by ASTM F2417, but a proposed solution is in process of ASTM balloting

#One PSA concluded it was most likely either QA/process error or consumer misuse; one PSA concluded it was most likely QA/process errors or caused by another product


Are the ASTM Standards Widely Adopted?

• CPSC has evaluated the current voluntary standards, hazard data, market analysis, and compliance data, which indicate that compliance with the current ASTM voluntary standards would adequately reduce the risk of fire hazards associated with candles and candle accessories

• In addition, staff’s review showed that substantial compliance with the voluntary standards is likely based on: – The NCA states that 90 percent of U.S. candle consumption already conforms to the latest ASTM

voluntary standards– Several mass merchandisers confirmed to CPSC that compliance with the ASTM voluntary

standards is required– CPSC candle product PSAs from 2009 to 2013 show that more than 80% of the candle products

reported to have a fire safety issue, were compliant with the ASTM voluntary standards– National Fire Loss Data shows a steady decline in candle product fires, deaths, and injuries from

2002 through 2011, following the introduction of the ASTM voluntary standards

• Domestic consumption of candles has declined approximately 35 percent since 2004 – Candle fires decreased by ~50 % over the same time period

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Conclusions

• CPSC’s residential fire loss estimates and CPSC PSA analysis suggest that the ASTM standards are effective

• NCA information, retailer information, and data suggest that the ASTM standards are widely accepted

• The CPSC staff concluded that the reduction in candle-related deaths and incidents cannot be attributed to any single factor, but is likely the result of a combination of factors, including reduced consumption and substantial compliance with the voluntary standards.

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The Commission’s Decision

• On August 18, 2014, the Commission voted unanimously to deny Petition CP 04-1/HP 04-1 and directed staff to continue involvement with ASTM.– Specifically, the Commission directs the staff to

monitor and contribute to the F2417 Committee's work on developing a performance standard with respect to paint and other non-wax coating on candles, and any other addressable concern not currently subject to these standards.

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CPSC and ASTM F15.45

• CPSC will continue to work with the ASTM subcommittee

• Questions???

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Contact Information

Scott Ayers, P.E.Fire Protection EngineerDirectorate for Engineering SciencesU.S. Consumer Product Safety Commission5 Research PlaceRockville, MD 20850Phone: 301-987-2030Fax: [email protected]

Neal CohenSmall Business OmbudsmanU.S. Consumer Product Safety Commission4330 East West HighwayBethesda, MD 20814Phone: 301-504-7504Fax: [email protected]

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http://www.cpsc.gov/en/Business--Manufacturing/Small-Business-Resources/

mailto:[email protected]

mailto:[email protected]




CPSC Activities Related to Candles and Candle Accessories NCA Update 2015

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Transcript of CPSC Activities Related to Candles and Candle Accessories NCA Update 2015