 Welcome. My name is Will Cusey and I'm the CPSC Small Business Ombudsman. Thank you for joining today's webinar on Art Materials at Import. I am joined today by my fellow CPSC colleagues, Stefan Lee and Jamie Strickland. Stefan will start off the webinar with an overview of CPSC's requirements for art materials. Jamie will present the second half of the session on various importing processes and procedures. With some helpful tips along the way. Now there's a few items I want to go over before Stefan gets started. Number one, there are three handouts available. The slide deck itself as well as a couple of helpful importing related overviews. And regarding questions and answers, we want to get questions from you. That's part of why we're here today to help engage with you. Please submit your questions through the system portal during and throughout the webinar. Please do not wait. Collect and sort them as we're going along and then be able to ask them to Jamie and Stefan at the end of their presentation. Don't wait otherwise we might run out of time to answer your question. Lastly, in the days following the webinar, an email will go out to all the registrants with the final slides and a recording of the presentation. Thank you again for joining us today. Stefan, please take it away. Thanks Will. So my name is Stefan Lee. I am also part of the small business ombudsman team. And my presentation today is going to be going over the general requirements of the labeling of hazardous art materials act or llama. Here's the brief agenda. We're going to do a quick background review go over the actual requirements. Have some examples of what is an isn't art material and then talk about any potential other requirements that apply for children's products and general use products. So, as I mentioned, we're going to be today we're going to be going over the labeling of hazardous materials act. These requirements are codified at 16 CFR section 1500 point 14 b eight. You can look this up at ecfr dot gov. And we also do have a business guidance page on art materials at CPSC dot gov slash art materials that's plural with an s. All right, so the basic llama requirements. There's really two of two of the big requirements that we're going to be talking about today. The first one is the toxicology review so art all art materials subject to the llama must be reviewed by review for chronic toxicity by a toxicologist per the regulations. This review must be done at least every five years and obviously anytime there's a change in the formulation of the actual art material. In addition, all review criteria must be submitted to CPSC's division of regulatory enforcement, you can find the requirement for that citation there as well. We're talking about the actual criteria and not the not the not the report or the actual talks review just the criteria that the toxicologist use for the review. If you can email this review to regulated cmt at CPSC gov. It must include a list of all art materials that require chronic hazard labeling. And then upon request submission of the actual product formula that will be done on a case by case basis. It is it is not a mandatory submission per the regulations. The conformance statement is the next requirement that we're going to be going over. This is the second kind of big requirement under llama. After a toxicologist performs the chronic hazard review, the product must bear a conformance statement. Here's three examples. You can use any one of those three, but they have to be one of those don't use any kind of practical equivalent. Just, you know, use use one of those three that are listed there. This conformance statement can be on various places. It can be on the product, the package poster or display at point of sale separate explanatory literature available on requirements at the point of purchase. And then in response to a formal request for bid or proposal, and all sounds very lengthy, but the, the gist of it is basically have it on the product or its packaging. You know, that way it'll be, it'll be simple to kind of say that you are compliant with this requirement. It's important to note that this conformance statement is required, regardless of whether the art material is going to require any kind of chronic hazard labeling. So whether or not you have labeling already on the product. This statement must be somewhere on the product, the packaging or this other, or these other places. And then we get to the actual chronic hazard. So let's say you go. The toxicologist determines that there is a chronic hazard. Then it must be labeled according to the Federal Hazardous Substances Act, chronic hazards are considered a hazardous substance. And therefore they need to be properly labeled. We do have examples of chronic hazard statements and precautionary statements under the, the codification of law more requirements. These are just examples. They don't necessarily strictly have to be followed, but we do recommend that these are the statements to go by. Children's products that contain a hazardous substance. So any, basically any children's art material that poses a chronic hazard would be considered a banned hazardous substance under 16 CFR section 1500.3 B 15 one a. There are exemptions to the banned hazardous substance classification, but those are very specific. And you can find those under the FHSA requirements. Lama labeling does differ from FHSA labeling kind of on a very, very specific case. So first things is that the Lama requirements state you have to use warning. You can't use either caution or warning. You must use the signal word warning if there is an acute hazard. So stuff that falls outside of the Lama labeling requirements. Lama regulations do state that you would defer to the acute hazard or any other kind of FHSA labeling. Also the Lama labeling requirements state that you must display the name US address and US phone number of the producer or repackager. Again, that requirement is codified there at 16 CFR 1500 point 14 B 8 to D FHSA does not specify a US address or or phone number at all. But again, this is a Lama labeling requirement for chronic hazards. And then the last difference is that Lama labeling states you must provide an information source in case of exposure so that can be a 24 hour toll free US phone number. The statement contact a physician for more health information or call your local poison control center for more health information. Obviously we do recommend that you utilize some kind of 24 hour service or refer to a 24 hour service. So that, you know, any, any consumer, no matter when they're going to be potentially exposed that they can get in touch with someone. So here's our first question. So do Lama requirements need to be cited on a certificate of compliance. So that's going to be either a children's product certificate or a general certificate of conformity. I'm going to be launching a poll. So this is interactive. Feel free to answer. And we'll go over the answer afterwards. And I'll give it a few more seconds for everyone to participate. All right. And here are the results. All right. So 69% of you said yes, and 31% said no. And so the answer. No, compliance to Lama is not based on a reasonable testing program. Therefore, certification to Lama per section 14 of DC PSA does not apply. Basically means that labeling requirements under Lama, or even the talks review under Lama. It's not a testing program and therefore it's there's no certificate requirement. Further cautionary labeling under FHSA, which is pretty similar to the Lama labeling requirements is also not based on a reasonable testing program. Therefore, cautionary labeling requirements under FHSA also do not need a certificate. Right. Here's the next question. Does the conformance statement required under Lama have a type size requirement? Again, this is interactive. We'll leave it open for about 30 seconds or so. All right. And 47% of you said yes, 53% of you said no. And the answer is no. The conformance statement is not part of cautionary labeling per the Federal Hazard Substances Act. Therefore, it's not subject to any type size or placement, prominence, conspicuousness requirements that are listed under 16 CFR section 1500.121. What this basically means is that the conformance statement can really be anywhere. It can be separate from the FHSA requirements. It can be placed vertically somewhere. It can be relatively small or large. There's no actual labeling requirements for how this label needs to be on the product. It just needs to be there. All right. So now we're going to go over what is art material. So the Lama defines art material or art material product as any raw or processed material or manufactured product marketed or represented by the producer or repackager as intended for and suitable for users as defined herein. One of the users here is then further defined under Lama as artists or crafts people of any age who create or recreate an eliminated number largely by hand works which may or may not have practical use, but in which aesthetic considerations are paramount. Now that's a mouthful. So what's the takeaway from this? Well, basically art material is any material that consumers use to create art. That's what it basically boils down to. Examples of common art materials include modeling clay, chalk, colored pencils, crayons, paints and painting kits, watercolor discs, certain types of glues such as craft glues and markers. Obviously, this is not an extensive list or rather it is an extensive list. It's not limited to these products. Basically anything that you could foreseeably use to create art and intended to create art would be considered art material. So it may be better to kind of discuss the differences between what is art material and what is not considered art material. So one clear distinction in Lama is general use products not intended to create art. So these would be common wood pencils and single colored pens markers chalk things of that nature. So in this in this example here on the left you have your common wood pencil. And on the right you have basically shading pencils intended for sketching or other forms of art. So the pencil on the left would not be considered art material. The set of pencils on the right would be considered art material. On top of the determination or sorry on top of the definition of art material rather the Commission has put out a determination on art materials. That determination basically says that certain pieces of art or rather certain certain art materials that the Commission will not enforce the requirements of Lama. So one of those are going to be tools implements furniture using the creation of art. So these are going to be brushes, chisels, he's those frames, things of that nature. These are all, you know, components used to create art, but we're not going to require any kind of chronic hazard review or anything like that. The requirements of Lama will not be enforced against for these types of products. That determination can be found on a fortress that listed here, but it is found at 16 CFR section 1500 point 14 be eight for a. The determination further goes on to say that surface materials upon which art material is applied also will not be enforced against so that's going to be things like coloring with pages canvases things of that nature. And also miscellaneous materials such as paper cloth plastics film yarn threads rubber sand would stone tile is really in metal. Here's a key takeaway from this however enforcement may occur if exposure to a certain type of chemical is possible during foreseeable use so for example if your canvas is primed with some kind of chemical. And the consumer could be exposed to that chemical during you know it's normal use, then chronic hazard review would be required, and that canvas would be subject to the requirements of Lama, including labeling. So here's another art material comparison. So on the left you hear here you have basic children's kind of play dough almost basically and on the right you have various colors of modeling clay. So both of these are pretty much plasticine based they're not actual play. But the left product would not be considered art material, whereas the right one would. Obviously there's a lot of factors to be considered here. But the key difference here is going to be the permanency and the intent to create art. So a child playing with their this type of modeling clay chances are they're just kind of, you know playing with it, making stuff and then going to be storing it putting it over for play later on, whereas the product on the right would probably be modeled, there probably will be instructions to bake or drive the product to create a final piece of art. So that would be the key difference and considerations here. All right, so here's another question. Slime kits often come with glue is glue in a slime kid subject to the requirements of Lama. All right and let's take a look here. All right, 71% said yes 29% said no. And here's the answer. No, the reason being is that glue use in slime kids is not intended to create art. Typically slime would not be considered be considered art. Therefore glue specifically for the use in slime kids is not subject to the requirements of Lama. In general, however, polyvinyl acetate glue, which is also pva craft or white glue sold by itself is commonly recognized as intended for art. Therefore, if such glue would be sold separately by itself, it would probably need to meet the Lama requirements. This is kind of reference in 16 CFR section 1500 point 14 be eight for be that is also the part of the reference. Or that section citation is also part of the commission determination. Okay, and then the additional requirements for children's products. Now, many of you may already be aware that there are additional requirements and safety rules that apply for children's products. Some of them are going to apply to the art material and some of they may not. Here's a list of the general children's products requirements that that most children products are subject to applicability of each of these requirements are going to be on a case by case basis. Toys, on the other hand, have additional set of requirements on top of the requirements for children's products. This is going to be a little less likely, but there are instances where art material could come packaged with a children's toy. In that case, the art material would be considered a children's toy because it is packaged with a children's toy. Now we're on the subject of children's products. Let's go over art materials and children's product certificate for a children's art material. So the first section for a for certificate is going to be identification of the product covered by the certificate. That's pretty simple. Make sure that your product is clearly identified. Use things like model numbers or anything to specifically identify the product so that the certificate and product pretty much have a one to one relationship. The second element is just a simple citation to each CPSC children's product safety rule to which this product is being certified. For this example here where we have a watercolor set with a brush, there's likely only going to be these two requirements. So that's going to be the total lead content requirement under 15 USC section 1278 a as well as paints and similar surface coatings under 16 CFR part 1303. What you may notice here is that there is no citation for art materials. Again, art materials does not require certification or rather the requirements for our materials do not require certification. So there is no citation for our materials here. All right, element three, that's going to be the identification of the importer domestic manufacturer certifying compliance of the product. So that's just going to be, you know, the firm name, their address, maybe a phone number or website address, something like that. The next element is going to be contact information for the individual maintaining records of test results. So here we would definitely like to see some more specific information such as the name of an actual person, as well as more specific contact information so that's going to be things like an extension number, or a specific email address not just info or hello at company dot com something along those lines. This, this firm identified here or rather the person identified here does not need to be from the firm that's identified as the importer or domestic manufacturer, it can really realistically be anyone who's maintaining the actual test results. So that could be the supplier for and manufacturer something along those lines. However, it would be the responsibility of the importer or the domestic manufacturer to facilitate CPSC is obtaining of the supporting information like the test results so the firm would be responsible for requesting that the holder send a copy to CPSC or somehow be the third person in that in that conversation. The next section is going to be the date and place of manufacture the date we allow for month and year. So that's going to be the minimum requirement date ranges are acceptable provided that the product is of the same batch and is manufactured the same way. As far as place of manufacture, we would really like to see at least the city and province state of applicable as well as country, simply having the country alone is probably not going to be specific enough. The date and place of testing is going to be the next section. Again, same as before, we would like to see at least a month and year, and then the place we would like to see the city province state when applicable and country for this specific type of product. There also may be certain determinations now determinations are something that the commission basically determined that certain materials do not contain lead in excess of the mandatory requirement 100 parts per million. What that basically means is that listed materials under the under the determinations do not require third party testing for total lead content provided that they've been untreated or unadulterated. And this only applies to the specific material, not the product as a whole. So in this example here, you're likely going to have a determination for the wood in the paintbrush. Obviously, the wood has been painted here, but the base would, as long as it's been untreated or unadulterated does not require testing, provided that the black paint on the handle would be tested separately. Also, the depending on what type of brush it is maybe it's made out of actual fur animal products also have a determination. So that that fur component rather the bristles component does not require testing for for lead content. There are other determinations for the heavy metals under the toy standard as well as the phthalate requirements in various sections of the CFR. And then the last section of a certificate is going to be identification of any third party CPSC accepted laboratory. So here's just an example of an actual laboratory. If you are a small batch manufacturer, your registration number would go here. If you are relying on the small batch manufacturer relief. This section, although it does say that you need to identify a laboratory, you can put an a here if there was no third party testing conducted. That is rare, but it does. There are instances where children's products may not require testing at all. Or maybe you did all first party testing because you were registered and qualifying small batch manufacturer. You you're more than welcome to put an a here you don't need to identify any kind of you're basically you as the third party testing because you're not the third party laboratory. The last last portion here is going to be for general art materials and gcc's now we discussed previously that art materials or rather the requirements of llama do not require certification. So as far as the art materials requirements go there's going to be no certificate required. Having said that there really isn't going to be any other requirements that apply for something that's going to be an art material. One of you may refer to 16 CFR 1303 for the lead paint and similar coatings or rather lead and paint and similar coatings. There is an exception for artists paints and related materials. So, you know, if it's considered an artist paints that it does not or rather it's exempt from the scope of the band it doesn't even fall under that 16 CFR 1303. So realistically, there's not going to be any kind of art material that, you know, would meet would need to meet another certification requirement. If there are, you know, if there's a case that you guys are thinking about, you know, follow the same procedures as a certificate. Or, and just make sure that you have all of the necessary elements. All right, and now I'm going to turn it over to Jamie here, who is going to be talking about the import surveillance side of things. Jamie take it away. Good morning, my neighbors here on the West Coast. And good afternoon as opposed to everyone else. My name is Jamie Strickland. I am an investigator within the CPSC office of import surveillance. I am located in Seattle, Washington. I cover all ports along Western Washington and Pembina North Dakota. I am one of few who has all modes of transportation. So hopefully I can answer your questions at the end. In this section, we are going to talk about import surveillance activities, starting with port operations, we're going to talk about targeting, why we target some of your stuff, how we communicate with you guys and how we do screening and what happens after that. I'm going to go into some of our statistics for last fiscal year. And that's always interesting. Everyone always loves that. So I always make sure to get that information. Then I have some exciting information for you regarding some upcoming initiatives from our office. And that includes e-filing. So, let's get started. Okay, it looks like I'm having a little computer issue here as well. Port operations at a glance. I have a nice little chart here for you. And I'm going to pause here so that you can take a look at this and kind of see how your cargo that you import flows. Now, this is going to be similar for any mode of transportation, ocean, air or land border. Again, I'm going to pause right here and take a look. Okay, let's go. Typically, that screen is repeated throughout here because I want you to keep in mind that flow chart because we're going to walk through the flow on both sides. So, how are your or how are exams targeted when we are at the ports? Well, there are three ways. This is typically done either through local targeting, through which we use our risk assessment methodology or our RAM system. That system speaks directly to CBP's ACE system. And again, I apologize. I'm not sure the audience of this presentation, if you're an importer or if you're a broker, you may be fairly comfortable with a lot of these acronyms. The government is full of them. So, if I toss out an acronym that you are not familiar with, hopefully the answer is on the screen, but if not, please toss it in that chat box with a question or with a question mark. Will, we'll get back to you or I will answer it at the end. Again, so three types of targeting. We have our local targeting, which is targeting that local investigators within the port do. We see the cargo coming in. They're going to be the most comfortable with that. They're going to be able to take a look and say, we've seen this guy before. Their products are typically compliant. We can let this shipment go. We'll do a compliance check next time. Or, hey, last time they had some problems. Let's make sure that they've cleaned this up. Next, we have our national operations and programming. This is done in the DMV area, DC, Maryland, etc. with CPP. We have a person in the commercial targeting and analysis center or CTAC, commonly known as NTC as well, where they will target for all ports nationwide based on known criteria. And then the last type of targeting is going to be referrals. U.S. Customs and Border Protection is our largest asset. They see this cargo day in, day out, and we work very closely with them. So they do see the cargo. They'll give us a call. We'll come out and we will take a look as well. Next, we have two-way messaging. Now, this is new. I believe the initiation date was September, I want to say 2021, but I believe it was 2020. What this is is the way that we can communicate directly with brokers, sometimes importers depending on how you are set up, and CBP. This cuts down sending emails, hoping someone receives that email waiting for a response, etc. This will push out a message using CBP's existing communication pathways. So how does this work? You will receive an under review message after your broker has filed an entry. That message is shown in their user interface. If no exam is required, that under review message will fall away, and you will receive a may proceed message in its place. After a may proceed message has been received from all PDAs, you will receive that one USG message showing an ultimate release. However, if we decided to examine your product or a further review is necessary, then you will receive that intensive exam request, or you will get a conditional release, which is a hold-in-tact notice. And to expand on that, here are the timetables for when that under review message appears and when it falls away. I will pause here and allow you to take a look because there are a couple ifs, this, then that kind of situations. Again, it relies heavily on your mode of transport. But if entry is filed, three or more businesses before the estimated date of arrival, air and truck, that under review is going to fall away within eight business hours. Ocean is going to be 16 business hours, which turns into about two business days. So how do we screen your products? Well, if you've ever taken a look within the Code of Federal Regulations, you will see that a lot of these different acts have testing protocols. And based on those testing protocols, that's basically what we do in the field. If it's a small parts with a four-foot drop, I'm going to stand my five-foot self-up, and I'm going to drop that from a height of four feet. We will also use different types of equipment which we'll get into. So did you know some of these products are regulated under multiple acts? Shocking, I know. So that is to say, one of the products that Stefan alluded to was something that could be a children's toy that might also be regulated as an art material. A perfect example of this would be a paint by numbers pullback car. I actually just seen one of these yesterday. That pullback car was a small plastic vehicle, and it also contained one paintbrush, and a five-pot thing of paints. That is required to meet the requirements of Lama, the Federal Hazardous Substances Act, the toy standard, but then the CPSA, and then also the requirements of the Consumer Product Safety Inputment Act. Okay, so picking up with screening, this is the list of our equipment. In addition to this equipment list, we have our XRF, which if we were in person, we'd be playing with this and having so much fun. But unfortunately, this is what we have. We have a photograph of one of our investigators using this device. We also have templates that we have developed based upon the testing protocols listed within the codes of federal regulations. If you've been to any of our live events, you've seen our small parts cylinders, et cetera. These things are out there in the trade. I've been to many establishments, and I've seen small ball templates sitting on desks and things like that. In addition, we are holding your products. We are bending and flexing and pulling and dropping, treating that product just as typically child. We'd look at a lot of child's products here on the West Coast at Importer Valence, but we're going to treat that product like a child is going to treat it. And for those of you who have children, you know what that entails. If it is an art material, this is where we are going to be looking for that conformity statement on your product or on your paperwork. And if we don't see it, that's where we're going to come back and ask you for additional information. So what happens if your products do not appear to meet requirements? We're going to collect a sample. I'm going to take a sample of your products, and depending on the act that it does not appear to meet, depending on what requirement I think it needs further review for, I am going to take samples and I'm going to send that to our laboratory facility. I may send that to our compliance. Well, I'm absolutely going to send that to a compliance officer within the CPSC Office of Compliance and Regulatory Enforcement. With that, before all of that happens though, I'm going to issue some paperwork. I'm going to issue this paperwork typically to your broker as they act as your emissary as an importer of record. That paperwork is going to include a receipt for samples if it is a physical, a physical sample. And if it's a documentary sample, it'll likely only contain CPSC Form 352 if your product is being detained. And a CPSC Form 353 if your product is being conditionally released. Just one note, physical samples are not returned to the shipment. So let's get into this a little bit deeper. What's the difference between a conditional release and a detention? Well, it's where your products are held. If their product is conditionally released, that product is allowed to transit either to the importer of record facility, or to their ultimate consignee's facility. That product is going to remain intact to be held away from other items offered for sale. However, if your product is detained, it is going to remain at the CBP bonded facility. This is typically the centralized examination station where your product was examined until CPSC completes its evaluation or testing. So now with that part, and I know that I've spoken with a lot of importers, probably some of you on the phone. And one thing I'd say about that is that once we collect that sample and we pass it off to the Office of Compliance and Regulatory Enforcement, the investigators are typically back into the field looking at other cargo while you as the importer of record are working directly with that compliance officer to bring that product into compliance if that is possible. However, once all of that is done, these are what you have to look forward to. Typically as the importer of record, you are going to know the outcome of that sample before I do, because you have been working closely with that compliance officer to find out exactly what can be done with the product. So should the product not meet the requirements, the importer of record is issued a notice of violation directly. The notice will detail one of three actions, either to correct the future production or importations. My understanding is that we're not seeing very many of these anymore. I'm not sure why, I just noticed that we don't. Recondition, if it's determined that your product can be brought into compliance and other factors are satisfied, you may be allowed to recondition that product. And then when all else fails, we would move for seizure, or if you are in the Seattle Tacoma area, likely exclusion. So here are some statistics from last fiscal year. As you can see, of the entry lines scored in our risk, risk assessment methodology system, we had nearly 5 million lines last fiscal year. Of those nearly 5 million lines, we examined under 10,000. So that's a, that's an examination rate of less than 1%. Of those, we've collected quite a few samples. And of those samples, we had a violation rate of approximately 86%. And then from those violations, you can see the outcome percentage. Now the average evaluation period is important, because as I said, we will collect that sample, and that product has to remain intact while we complete our evaluation and our testing. Right now that period is running well last fiscal year and actually about right now we are running at approximately 51 days. That means from the date of that notice of sampling and detention or complaint or conditional release to the date you get that notice of violation in that final disposition is approximately 51 days. Now here are the violations for last year. Now this was interesting to me when I received the data because I have been with this agency for seven years, the lead violation has always been led. This is the first time I've ever seen anything overtake. But this is where we are. And again, some entries will have more than one violation type. Again, if we go back to our example of the pullback car that came with paint pots paintbrush in the car, should that car have been found to contain lead and did not have a tracking label or a certification that is three violations for one product. So now I've hit you with all the bad. One thing I did was I pulled all of our investigators nationwide and I asked them, give me some best practices and recommendations that I can pass on during this presentation so that we can help. These importers who feel befuddled by our length and live in mass of regulations, we can at least give them something, a starting point or something. So this is what we came up with. I received about 121 responses total on every single one. Number one was to ensure that the submitted packing list has sufficient details. I cannot tell you how many times I've received a pack or an invoice that just as plastic toys. This will delay the exam 100% of the time, because if I request a CPC, and I get it for one item, but now I get out there and find that plastic toys are actually three items. Now I have to come back to you and I may even have to detain this product while we try and work out the rest. So make sure that your submitted packing list invoice or whatever has sufficient detail to know exactly what is in the container in the shipment. Another is to include your markings, labels or FBA numbers for fulfilled by Amazon shipments. If your box does not list what the product is, but you have cartons one, two, three, etc. Let me know what's in cartons one through whatever that will help us out immensely. Provide a copy of your certificate of certificate of compliance with your entry documents or upload it separately in DIS with the CPS tack. This is important for two reasons. One, I've actually seen this certificate of compliance placed in each shipping carton, although that is super helpful. I would call that overkill. We don't need to do all of that. I can get to your broker when you're giving them the invoice. Hey, also here's my CPC. Go ahead and upload it because now I can see that you also have your CPC. I can see that you've likely had this product tested. I can see that I have not identified any known hazards. Tracking label looks great. I can let this product go with confidence. Okay, this one is important because it also lists the CPS tag. Although brokers can upload documents into DIS, we can only see them within CPSC if they have the CPS tag that also includes entry documents. And then if you include a point of contact with the importer record, it saves me from having to ask. As I said that notice of violation goes directly to the importer record. So if you're out that point of contact, it's going to delay the final disposition. This really doesn't like me clicking today. Here we go. All right. E-filing initiative. So what is that? I'm sure you guys have heard me talk about it. If you're in the Seattle area, you heard me mention it at our last trade meeting. E-filing initiative is going to enable importers of records and brokers by extension to electronically file certain data elements from their certificates of compliance. That's your children's product certificate or your general certificate of conformity via the CBP partner government agency message set. So that's within eighths. The plan was approved December 2020. And some of you may have been around and know that we, we've been talking about a pilot for some time. So now we're moving forward with that. So this is going to enhance the risk assessment methodology system that I mentioned previously. It's going to enhance the targeting and our enforcement ability simply because we were only asking for certificate data once a product had been identified for exam. With that, we can't use that certificate data in risk assessment for targeting. So the idea is that incorporating this information will allow us to better target. And this can lower your examination rate, especially for those importers who constantly get constant, constant compliant exams. If we can see that, and we can see that you're doing your due diligence with your certificates of compliance, we likely won't be looking at you very often. And then one more important note, we're currently in the development stage of the beta pilot. We're looking for this to start in the fall of 2023. So we are soliciting participants in a workshop that's going to be hosted on October 13, 2022. And we will discuss the purpose and mechanics of e-filing certificate data and other associated topics that goes along with it. The workshop's going to be held in hybrid format. So if anyone is in the Bethesda, Maryland area, you can attend in person in the commissioners main hearing room located on the fourth floor, Bethesda Towers, or you can join virtually. Registration is still open for those who wish to participate. And so for more information or to participate, you can reach out to our e-filing program specialist, Arthur Lacey at the e-filing pilot at cpsc.gov. You can visit the e-filing website, cpsc.gov slash e-filing. Or you can take a look at our public calendar. There is a link to the federal register notice as well as a link to participate on the CPSC public calendar. And that's all I have. My contact information is here as well as the contact information for my boss's boss and my boss's boss's boss. So if you have any questions that I can't seem to help you with, go ahead and feel free to climb up the ladder. But absolutely, if you have any questions regarding importations of art materials or any other material that is regulated by CPSC, please feel free to reach out to me via email. Thank you, Jamie. Thank you, Stefan, for a very informative presentation. We have about 10 minutes left for questions. I'm going to start back from the beginning and work forward. And hopefully the people that asked these questions are still online to hear them. So the first question is a question over the concept of a band, quote unquote, band hazardous substance. The question is, if the children's product contains a hazardous substance, shouldn't this product be banned? I think there's just a little bit of confusion on what we mean by band hazardous substance and how that works here. So maybe Stefan, if you have an opportunity to weigh in there, that would be helpful. Sure. So the FHSA defines, or rather one of the definitions under the FHSA for band hazardous substance is any article intended for use by children, which is or contains a hazardous substance. So under normal circumstances, let's say a paint kit for a child, if the paint contains some kind of chronic hazard, it's a hazardous substance and therefore now that paint set intended for children is a band hazardous substance. I did mention that there are exceptions, specifically under 16 CFR section 1500.85A4. There is an exemption from classification as a band hazardous substance for educational materials, which does include art materials that are intended for educational purposes. So those would not be considered band hazardous substances. Great. Thank you so much, Stefan, moving right along. If slime and dough are not considered art or art materials, are they then considered toys or maybe just rephrasing a little bit, you know, what a product that is primarily of play value and not an art material be considered a toy? Maybe it's another way to phrase that. So that's a little tricky to answer. Classification of children's toys does take multiple different factors. Typically things like slime kits may or may not be considered a toy, depending on the other stuff that it's packaged with. I believe that if it's just strictly a slime kit, it may not be considered a toy, but those are evaluated on a case by case basis. There are multiple factors like, you know, how it's advertised, the intent, the other components of the product that it comes with. Those all need to be considered when classifying as a toy or a regular product. Excellent. Thank you very much. Okay, moving along. This person says they have a question about the modeling clay for young children, such as two year two year old children. Can this type of modeling clay be considered an art material? And what if the modeling clay is for children six years older or older? Are there any differences between these two different types of modeling clay for these two different audiences? So at its core, there's not really a difference what the age determination is going to be. If it's going to be for 12 years of age and younger, that's going to be a children's product. And certainly modeling clay could be intended for children as young as two. It really just kind of depends on, you know, whether it's obviously safe and doesn't contain any kind of hazardous substance. Just because it's meant for a young child does not automatically mean it can't be art material. So it modeling clay for two plus, for example, could certainly be considered art material and would be required to meet the requirements of llama. Great. Thank you so much. And I want to just clarify too, as well, if you look at the small parts regulation, 1501.3 G modeling clay and similar products are exempt from small parts testing. So, you know, in other scenarios, a product for children, two years old and a product for children, six year old or more, there could be some differences on physical and mechanical testing. So for modeling clay, that's exempt here. So there wouldn't be that consideration. And the same thing is true for finger print, finger paints, watercolors, and other paint sets, as well as writing materials such as crayons, chalk pencils, and pens. I think that's important to just cover that there's some exemptions from small parts testing for products for children under three years that ordinarily might have small parts testing for the art material space. Another question from the same person for craft stickers with maybe a thin layer of glue or other adhesive is llama applicable in that kind of situation. Can this type of craft sticker get exempted from llama since people have very limited time to touch the glue or adhesive? Are there any guidelines from CPSC regarding generally what types of stickers would be covered or could be covered by the llama requirements? So there is no specific exemption for stickers under the requirements under llama, but our business guidance page on art materials does address this specific question. It's under the question, how does CPSC staff enforce these requirements with regards to stickers. Basically, what the answer is, is that stickers that where it's self adhesive, you don't need to do anything to the actual adhesive would not, no, CPSC staff would generally refrain from enforcement. There's like the question pointed out there's going to be very little risk or potential for exposure and therefore little risk or potential to cause chronic health effects. That being said, things like double sided stickers or stickers where you need to lick or wet the adhesive in order to actually activate it. Obviously those have a much greater probability of exposure. So those types of stickers would probably need to have some kind of talks review. Great. Thank you so much, Stefan. Moving along to Jamie, we have some import questions now. That's a really quick question. Someone when you mentioned the acronym issue, someone asked, what does DIS mean? Sure. DIS is the document imaging system within CBP's ACE system. So I answered your acronym question with more acronyms, but it is a CBP US custom system for transferring documents. Great. Thanks for covering that. One question here as well. You mentioned the idea of reconditioning and conditional release for art materials. What could be a potential situation that might arise? And it's okay if you don't have it, but this person's curious whether there, what kinds of situations would that trigger where there might be a conditional release situation. So art materials, I, again, working at import surveillance, my position is to surveil imports. So I don't make those final determinations, but I do see the final dispositions when they come down. I have been seeing what looks like stronger enforcement on art materials. I have not had any situation where an actual material was reconditioned because the violation was based within the llama requirements. Those have been seized. Okay, that's, that's very helpful. Thanks for covering that. Do you have any other examples of how kind of llama requirements are screened and maybe just other examples of the types of art materials you're seeing? Or maybe some of the problems you're seeing just in a general way without being too specific. You know, what are you seeing? You know, the word on the ground. Sure. So we see a lot of, I'm trying to think of if I've seen any creative art materials lately, and I have it. Typically we see a lot of kits for children. We see a lot of markers, color pencils, paints, finger paints, etc. One that I did see recently was a set of bath crayons. And the problem was that the conformance statement and the tracking label were on an adhesive label. Now that is kind of, no pun intended, kind of a sticky situation for us because technically the regulations do state that the tracking information needs to be indelible. However, if this is a water product, something on a paper adhesive label likely would not last for the lifetime of the product. And so, you know, we've, I've been seeing quite a few of those lately, actually, water art materials. And with that you have a whole host of other issues as far as the labels and making sure that, again, your tracking information is indeligible because that's usually where you're going to get tripped up. And then also making sure that although you purchase a product that already has the conformity statement on it to distribute, make sure you actually receive and review the toxicology report because I recently had a situation where they had the conformance statement. They had a toxicology report. However, they have specific labeling that was required that was not on the product. So make sure you get the make sure you actually request the toxicology review if you are not actively getting it yourself. Make sure you read it and make sure that your product actually conforms with what it says that it needs to conform with. I, that was actually the first time I've seen that like I said I've been with this agency for approximately seven years. I had never seen an actual art material that had the conformance statement that actually had the toxicology review. Typically, that's usually where we mess up, but in this situation, they just didn't have the required labeling. That's very helpful, Jamie. Thank you for sharing those viewpoints and thank you again to Stefan as well. That was the last question that we had today. I just want to reiterate that we are here for you part of, you know, why we do these is not just about going over this content for a specific set of issues. It's to let you know that we are here and we are available for questions anytime anyone has a question. You can reach us at sbo at cpsc.gov. Give us a call. Jamie already said she's available for questions if you're in the Seattle area. So we really encourage you to do that. Please reach out. That's what we're here for. Thank you again. And we'll see you next time. Bye-bye.