PPB June 2015

know how many trees need to be planted in

order to replenish what was used to produce

their products while also ensuring the ethical

treatment of workers by their business partners.

What Makes Me A Compliance Officer?

So, what is a compliance officer-in-train-

ing? We are not all experienced industry veter-

ans, nor do we all have a vast knowledge of how

products are produced, tested, brought to mar-

ket or potentially used. Until recently, I’m pretty

sure some of us never heard of phthalates and

didn’t know they are used to soften plastics.

At my first product safety workshop

attended by company compliance officers,

vice chairs, chief and senior counsel, and

engineers, I was handed materials on ISO

31000 Risk Management and took notes on

crisis preparedness and the Center for

Strategic & International Studies. Hold on!

Did I list myself as “compliance officer” in

the list of attendees?

The Reality

I had not heard the word “substrate” until

I was in the middle of a product safety basics

webinar. While “surface coating” may be self-

explanatory, substrate is not. I quickly

Googled “substrates” and got the gist after

scanning the previews in the list of pages:

“natural stone, masonry surface,” “enzyme

substrate,” “a nutrient-rich economy,” “the

base on which an organism lives,” “a sub-

stance on which an enzyme acts.” I thought

to myself, “Now we’re getting somewhere.” It

was then easier to learn that substrate in the

context of my job is defined as the base mate-

rial of a product that will be decorated.

Add to that the fact that suddenly all my

packing materials—individual product bags,

boxes, carton inks, staples, straps, glue—must

be compliant with Northeast Recycling

Council (NERC) guidelines. Does this ever

end? The answer to this rhetorical question is

a resounding “No!”

I’ve also learned that compliance risk

doesn’t stop with the Consumer Product

Safety Improvement Act (CPSIA). There are

other acts under the jurisdiction of the

Consumer Product Safety Commission

(CPSC) in addition to many other federal

agencies that regulate products, how they

enter the market and how they are posi-

tioned. Here’s a partial list:

• Food & Drug Administration (FDA)

―

particularly drinkware, sunscreen, food and

beverages, food contact items, cosmetics,

health and beauty aids

• Federal Hazardous Substances Act

(FHSA)

―

batteries

• Flammable Fabrics Act (FFA)

―

clothing

textiles, children’s sleepwear, vinyl plastic film

• Consumer Product Safety Act

(CPSA)

―

any consumer product

• Department of Transportation

(DOT)

―

lithium batteries

• Federal Trade Commission (FTC)—regu-

lates the validity of marketing statements

and claims

Just when I thought I had it all figured out

or at least somewhat under control, I found that

several individual states have their own versions

of product safety laws.With a little more

research I began to think there was daylight

ahead as I latched onto the word “preemption.”

Preemption in this case refers to a federal law

that supersedes a state law when the state law

conflicts with the federal law. Therefore, if cov-

ered by a federal regulation (laws enacted by the

CPSA, FHSA and FFA, for example), the state

or local law is essentially preempted. That’s the

answer I was looking for—all I really needed to

worry about was federal law.Wrong! As I con-

tinued to listen during this into-the-fire com-

pliance officer training, I found that preemption

does not apply to several states’ laws, most

notably California Proposition 65.

The more I learned, the more I realized

how convoluted this was becoming. To my

dismay, I found that preemption does not

apply to labeling or reporting laws. What is a

compliance officer to do? How could I possi-

bly understand or manage all of this informa-

tion? I’m not even going to mention interna-

tional regulations (Registration, Evaluation,

Authorisation and Restriction of Chemicals—

REACH; and Canada Consumer Product

Safety Act—CCPSA, for example), as those

are entirely separate animals that I will work

to tame in due time.

How I Have Evolved

So where does that leave me? I am told my

company’s products have to be compliant and

that it is not an option. If the products are not

compliant then no one will buy them and hefty

penalties could be levied against my company.

As you have probably determined by now, none

of this is linear learning, which is how my brain

usually works to comprehend the big picture.

Instead, it’s scattered in every ring-around-the-

rosy direction it can possibly go.

76 •

PPB

• JUNE 2015

THINK

TO-DO LIST

June 2015

1. Check out PPAI’s TurboTest. It’s a free online tool for

PPAI members that will guide me through product safety

testing requirements. Note to self: Double check that my

company is a PPAI member.

2. Register for this year’s PPAI Product Responsibility

Summit, September 28-30, in Bethesda, Maryland. It’s what

I need to know to navigate this new role.

3. Set aside some time each day to read and research. There

are dozens of guides, best practices and articles on

PPAI’s website at www.ppai.org.

4. Schedule time to watch some of the live and on-demand

product safety webinars available from PPAI under the

Education/e-Learning tab at www.ppai.org. They are free!

5. Order a copy of Sourcing & Compliance Manual for the

Promotional Products Industry. It will help me develop my

company’s corporate responsibility and sourcing best prac-

tices. (Find it at http://www.ppai.org/shop/product-safety.)