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Dear Bulk Vending Operator/Novelty Toy Buyer:                            

Even though you may not be a member of the NBVA, there is some important legislation that has been passed that will specifically affect you. The Consumer Product Safety Improvement Act of 2008 (the “ Safety Act”) was signed into law on August 14, 2008 and directly affects how you do business.

Here is a quick summary of the most important points, some of which require almost immediate compliance:

1. Operators are responsible for the products that they are selling in their machines. Effective January 1, 2009 in California and February 20, 2009 in the rest of the nation, operators must remove from their machines any products that are now deemed hazardous.

2. Hazardous products are any items sold from your machines that have a lead level that exceeds 600ppm and/or that contain more than 0.1% chemical additive known as phthalates. If you are not sure if your products are in compliance, then it is your responsibility to get testing certificates from your supplier that indicates the products are phthalate free and total lead is under 600pmm (300ppm after August 14, 2009)

3. A product can also be hazardous if paint contains more than 600ppm lead, then dropping to 90ppm on August 14, 2009

4. Effective as of November 12, 2008 all manufacturers of children’s products must have those products tested by a third party certified testing lab. Products that were previously acceptable may not be acceptable now and those noncompliant items must be removed from your machines by the dates stated above. Do not buy products without assuring yourself that the products have been tested. Feel free to request copies of the testing certifications, especially on new products or when buying from a new source. Make sure your supplier has strict testing standards.

5. On February 10, 2009, ASTM F963-07 (except Section 4.2 and Annex 4 regarding flammability) issued by American Society for Testing and Materials becomes a mandatory standard for the manufacture and testing of all children’s products, as though adopted by the CPSC. Failure to comply can be very serious.

6. Operators need to be able to identify and keep records of which products are going into their machines so they can assist a CPSC inspector in determining the source of a children’s product. Do not throw away any bulk packaging without recording the production information. Compliance is mandatory and careful tracking is the only way to restrict recalls to what may be tainted batch of particular item, rather than face recall of an entire product line.

We have asked our member suppliers to forward this letter to you so that you can be prepared and avoid any costly fines or litigation. We strongly encourage you to learn more about this legislation so that you understand it in its entirety.

Sincerely,

The National Bulk Vendors Association