Past BREAKING NEWS Releases

Proposition 65

Notice of Adoption Article 6: Clear and Reasonable Warnings. Click link below to learn more regarding this regulatory action.

LINK:
OEHHA's website
https://www.cpsc.gov/content/trilateral-webinar-on-us-canadian-and-mexican-textile-compliance

Above link will direct you to
website outside of SGCDpro.

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Regulatory Webinars Announced

The Consumer Product Safety Commission is sponsoring a compliance webinar for textiles on November 16th. Click the link below to register:

LINK:
https://www.cpsc.gov/content/trilateral-webinar-on-us-canadian-and-mexican-textile-compliance

Above link will direct you to
website outside of SGCDpro.

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SGCDpro signs letter to CPSC

SGCDpro has signed onto a letter from the National Association of Manufacturers to CPSC regarding proposed changes to the rule governing voluntary recalls. Click on the link below to view the letter.

LINK:
http://www.eblast111.com/files/1213/File/
CPSC_letter_October_18.pdf

Above link will direct you to
website outside of SGCDpro.

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OEHHA lntent to List BPA

ALERT - OEHHA Issues Two New Actions for Compliance with Proposition 65 for the Chemical BPA. Click "LINK" below to download the alert.

LINK:
BPA Alertf
(PDF file - 0.1 mb file size) posted Apr. 15, 2016

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Prop 65 60-Day Notices Served

SGCDpro has learned that several ceramic tile manufacturers and retailers have been served Proposition 65 60-day notices. The link below will take you to the notice. SGCDpro is in communication with the Tile Council of North America and will keep members updated.

LINK:
Tile Proposition 65 60-Day Notice
(PDF file - 0.1 mb file size) posted Apr. 13, 2016

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SGCDpro: Comments to OEHHA regarding CEH Petition and Draft Proposal on lead MADL

SGCDpro comments on proposition 65 hearing can be accessed by clicking the link below.

LINK:
SGCD Comments to OWHHA re CEH Petition on Lead
(PDF file - 0.3 mb file size) posted Oct. 29, 2015

LINK:
Lakin Technical Comments re Safe Harbor Level for Lead (Exhibit A)

(PDF file - 1.4 mb file size) posted Oct. 29, 2015

LINK:
SGCDpro Testimony Prop 65 Lead MADL (Exhibit B)

(PDF file - 3.3 mb file size) posted Oct. 29, 2015

LINK:
Environmental Law Foundation v Beech Nut Nutrition Corp (Exhibit C)

(PDF file - 0.4 mb file size) posted Oct. 29, 2015

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California Prop. 65 Lead Hearing Scheduled

The Center for Environmental Health petitioned the California Office of Environmental Health Hazard Assessment (OEHHA) asking the agency to repeal or reduce the maximum allowable dose level (MADL) for Lead. OEHHA has agreed to initiate a rulemaking to update the existing MADL. A hearing will be held on October 9, 2015 at 10:00 a.m. in the Sierra Hearing Room at the CalEPA Headquarters building at 1001 I street in Sacramento. Information available to date on this issue is available at the link below and additional information will be posted on the OEHHA website as it becomes available.

LINK:
OEHHA Information on Proposition 65

Above link will direct you to
website outside of SGCDpro.

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Another Glass Recall Raises Concern

Yet another recall for a glass teapot has been issued, the second in days and third such recall in recent weeks. Epocha International of Boca Raton, FL has recalled a glass teapot sold at Target, Ross, Meijer, Kitchen Collection, and other retail stores. The firm has received 9 reports of incidents including one involving property damage in excess of $200. The product was imported from China.

SGCDpro members are urged to verify that all product imported for decoration meets safety guidelines. Test results should be verified prior to placing product into the stream of commerce.

CPSC has streamlined the process for reporting product safety incidents through the saferproducts.gov website. SGCDpro recommends members familiarize themselves with the process and contact CPSC immediately should they receive injury reports regarding their products to avoid more costly legal consequences.

LINK:
Consumer Product Safety Commission website regarding Epocha International recall

Above link will direct you to
website outside of SGCDpro.

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Tri-Vista Designs recalls mugs

Monogram Beverage Mugs, exclusively sold at Kirklands, are being recalled by Tri-Vista Designs due to fire Hazard. Click link below to learn more regarding recall on Consumer Product Safety Commission's website.

LINK:
Consumer Product Safety Commission website regarding recall

Above link will direct you to
website outside of SGCDpro.

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O-I Announces Agreement

SGCDpro Corporate Member, Owens-Illinois (O-I) announces that it has reached an agreement with Vitro, S.A.B. de C.V to acquire that company's food and beverage glass container business for $2.15 billion in cash. Vitro is Mexico's largest supplier of glass containers. The transaction has been approved by the boards of each company and is subject to shareholder and regulatory approvals. The deal should close within 12 months.

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SGCDpro signs onto letter supporting H.R. 527

Click link below to download letter.

Coalition Letter Feb. 3
(PDF file - 0.1 mb file size)
posted Feb. 4, 2015

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Proposition 65 Lawsuit

Link below provides information on a recently filed lawsuit to eliminate Proposition 65 safe harbor levels for lead.

LINK:
Sidley Austin LLP

"Lawsuit Aims to Require Proposition 65 Warnings on Any Product Containing Detectible Lead"

Above link will direct you to
website outside of SGCDpro.

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Proposed Prop 65 Labeling Regs

Proposed new labeling regulations for California Proposition 65. Click link below to download PDF file.

Noted Proposition 65 Attorney will explain the proposed rules during Deco 15 in Columbus, Ohio.

Proposed Prop 65 Labeling Regs
(PDF file - 0.1 mb file size)
posted Jan. 16, 2015

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CPSC Workshop

The Consumer Product Safety Commission (CPSC) will host a workshop to discuss aspects of electronic filiing of Certificates of Compliance. The workshop will be held September 18th at the Commission's headquarters in Bethesda, MD. More information appears in the August edition of Deco News or you can click on the link below for registration details.

LINK:
CPSC.gov Workshop Info

Above link will direct you to
website outside of SGCDpro.

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Anchor Hocking Update

The Columbus Dispatch has reported that Achor Hocking's immediate financial problem has been resolved. Click the link below to read the full article.

LINK:
Anchor Hocking article by:
The Columbus Dispatch

Above link will direct you to
website outside of SGCDpro.

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FDA Reminder

SGCDpro members who are also members of the Crystal Federation may have received a letter from that group's legal counsel regarding the proper labeling of dinnerware with respect to lead content. Questions have arisen regarding use of the terms "lead free," and "unleaded" with respect to decorated ware. Below is a link to the FDA website that clarifies this issue.

It is also important to note the agency's guidance with respect to decorative ware that is not suitable for food use. Such ware must be labeled on the item and not merely on the box. It is also acceptable to render the item unsuitable for food use by incorporating a hole or other disabling feature on items such as collector plates.

FDA.gov - Guidance for Industry
Above link will direct you to
website outside of SGCDpro.

It is extremely important that SGCDpro members understand and abide by all state and federal laws regarding the use of heavy metals in decorations.

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Glass Leak at the Owens-Illinois Plant

SGCDpro has learned that a glass leak at the Owens-Illinois Plant in Muskogee, OK, on July 10, has caused $2 million damage.

See the link below for complete details.

NewsOn6.com Article
Above link will direct you to
website outside of SGCDpro.

We will provide more information as details emerge.

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House Debates Bill

The U.S. House of Representatives is currently debating the H.R. 5016 -- the Government General Appropriations Bill. Representative Marsha Blackburn (R-TN) has introduced an amendment that would stop CPSC from proceeding with plans to change the voluntary recall rule. SGCDpro will follow this issue and report any action. The proposed CPSC rule would add requirements to the voluntary recall process including one that mandates use of social media in the recall process.

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Workforce Innovation and Opportunity Act

On July 9th, of Representatives passed the Workforce Innovation and Opportunity Act by a vote of 415-6. The law creates resources to help manufacturers deal with the widening skills gap. For details, click on the link below.

See the link below for complete details.

TheHill.com Article
Link above link will direct you to
website outside of SGCDpro.

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Holding Tank Ruptures at Anchor Hocking

SGCDpro has learned that a holding tank ruptured at the Anchor Hocking plant in Lancaster, Ohio on July 8th around 3 p.m. The plant had recently reopened after having been shut down for several weeks in May and early June. The company suffered a tanks rupture in January, causing $3 million dmamge.

See the link below for complete details.

LancasterEagleGazette.com Article
Link above link will direct you to
website outside of SGCDpro.

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Prop 65 Presentation

Prop 65 Pre-Regulatory Workshop Presentation: "Potential Amendments to Article 6 Clear and Reasonable Warnings".

To download first Visit Legislative page, then click Prop 65 link in left column.

(SGCDpro member login required)

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TPCH Recommended Test Method Changes

EPA SW-846 Method 3052 (used for Toxics in Packaging)
(PDF file) posted Mar. 6, 2014



Press release on the Glass Matrix Test Methods Report
(PDF file) posted Mar. 6, 2014



The Glass Matrix Test Methods Report
(PDF file) posted Mar. 6, 2014



Guidance on Analysis of Glass Matrices for Toxics in Packaging
(PDF file) posted Mar. 6, 2014



Toxics in Packaging Clearinghouse Report
(PDF file) posted Mar. 6, 2014


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Annual Meeting Scheduled

The SGCDpro Annual Meeting of Members will be held Monday, April 7th, 8:00 a.m. at the Sheraton Station Square in Pittsburgh, PA. Members will vote on a slate of officers for 2014-15. No bylaw changes are proposed this year.

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Suntory to Buy Beam, Inc.

Suntory of Japan has announced announced a deal to buy Beam, Inc. for $13.6 billion, transforming it into the third largest global distiller. Suntory is a privately held company which includes brands like Yamazaki Japanese whiskey and Bowmore Scotch. Brands included in the deal include Jim Beam, Booker's and Knob Creek bourbon, Laphroaig and Teacher's Scotch and Courvoisier cognac.

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Proposed Change to CPSC Voluntary Recall Rules

On November 21, 2013, the Consumer Product Safety Commission (CPSC) published in the Federal Register a Notice of proposed rulemaking to set forth principles and guidelines for the content and form of voluntary recall notices that firms provide as part of corrective action plans under Section 15 of the Consumer Product Safety Act (CPSA).

• The most controversial portion of the rule makes corrective action plans legally binding. Companies have routinely worked with the CPSC to design corrective action plans for public notification and implementation of voluntary recalls in the past. The current rule defines a corrective action plan as “a document, signed by a subject firm, which sets forth the remedial action which the firm will voluntarily undertake to protect the public, but which has no legally binding effect.”

• The Democratic Commissioners characterized the proposal as a minor tweak to the current rules. Many are concerned, however, that making corrective action plans legally binding could lead to a more adversarial relationship between the CPSC and businesses. Additionally, the implementation of recalls could be delayed while such plans are negotiated, and prolonged court battles could result if the CPSC chooses to sue over the implementation of corrective action plans, thereby potentially delaying the recall process. Companies may also be unable to adapt to problems that are discovered as a recall is taking place.

• Another controversial aspect of the proposed rule is that the CPSC may now negotiate whether corrective action plans constitute an admission that a product hazard exists. This provision adds another point for companies and the CPSC to negotiate, and certainly provides leverage to the CPSC.

• The proposal also authorizes the CPSC to institute compliance programs that generally require companies to put in place internal procedures and provide for additional reporting and CPSC oversight. Compliance programs may be warranted where companies have had prior recalls, have failed to report hazards, or had insufficient protections and controls in place.

• The proposed rule also sets forth some less controversial provisions that are intended to standardize the contents of recall notices and to increase the dissemination of those notices to the public.

CLICK HERE to download a PDF of the CPSC Voluntary Recall Proposed Regulations.

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California Assembly Bill 227

California Assembly Bill 227 amending Proposition 65, approved by Governor Jerry Brown on October 05, 2013, is intended to eliminate frivolous lawsuits. It would give business owners 14 days to comply with a notice of violating the warning provision of Prop. 65. It provides for a civil penalty of $500 per facility or premises where the alleged violation occurred instead of subjecting the business to excessive settlements demanded by private lawsuits instituted by so-called "citizen enforcers" -- typically law firms and other organizations that specialize in such cases and earn "bounties" for suing alleged violators.

Among provisions of the new law is a requirement that "citizen enforcers" provide an alleged violator with:

The amendment would limit alleged violators to a one time only use of the 14-day cure provision for "a violation arising from the same exposure in the same facility or on the same premises."

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Deco '14 Program

It's time to start thinking about Deco '14. Now available to download, the program contains the schedule, list of exhibitors, headquarter's hotel special SGCDpro rate, and registration form. Join us at Deco '14 (April 5-7, 2014; Sheraton Station Square, Pittsburgh, PA) and help us celebrate SGCDpro's 50th year!

CLICK HERE to view all Deco '14 documents available to download.

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Niagara Ceramics Announces Closure

Niagara Ceramics announced the closure of its factory (formerly Buffalo China) citing economic reasons for the shutdown. The company originally closed in 2004, only to be reborn as Niagara Ceramics. An investment group, headed by U.S. Rep. Chris Collins of Clarence, NY, bought the business from Oneida, Ltd., after Oneida announced its closure. Collins transferred his interest to the company in 2012 in an effort to ensure its success. More than 100 workers are affected by the closure.

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OSHA to Propose New Silica Rules

The Occupational Safety and Health Administration (OSHA) has announced that it will propose stricter workplace rules for crystalline silica. The new rules will lower the allowable exposure limit and increase testing requirements for companies both in the workplace and of workers (medical tests). SGCDpro is following this issue and will submit comments during the 90 day period. Affected members are also urged to submit comments.

The links below provide more detailed information.

OSHA Article
NY Times Article

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Affordable Care Act

The Internal Revenue Service announced today that businesses with 50 or more employees who do not insure their employees will be exempt from IRS penalties until 2015. The previous date for implementation of penalties was 2014. White House spokesperson, Valerie Jarrett, indicated that the White House believes employers need more time to comply with the new rules. The deadline extension will also allow the IRS time to develop simplified means for employer reporting.

Businesses with fewer than 50 employees are exempt from this portion of the law and many large employers already offer coverage. The mandate that requires uninsured Americans to purchase insurance by 2014 is not affected by this ruling.

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Notice of Annual Meeting of Members

The SGCDpro Annual Meeting of Members will be held Monday, April 15th at 8:00 a.m. in the Conference Theater at the Hyatt Regency Louisville. New officers will be elected and revised bylaws will be voted on.

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Notice: Copy of Proposed Bylaws

CLICK HERE for a copy of the proposed new bylaws for SGCDpro. These will be voted on at the Society's annual meeting in Louisville, KY, April 15, 20-13.

Proposed Bylaws 2013
(MS Doc file - 0.01 mb file size)

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CPSC Commissioner Robert Adler to Speak at Deco '13 in Louisville

CPSC Commissioner, Robert Adler, will speak during the Ask the Experts session at Deco '13 in Louisville. Adler will review the Commission's current position on product safety and how it affects our industry. He will also take questions from attendees regarding CPSC compliance issues. Don't miss this unique opportunity! Register today! Download registration form below.

Deco'13 Program
& Registration Form

(PDF file - 1.0 megabytes)

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Significant Change to Section 6(b) Policy

SGCDpro signed onto a letter that was sent today to CPSC Chairman, Inez Tennenbaum. CPSC has indicated that it intends to announce product complaints publicly even before investigations have occurred. SGCDpro joins other associations and the National Association of Manufacturers in protest of this proposed action. Click link below to download letter to CPSC.

Coalition Letter to CPSC
(PDF file - 0.1 megabytes)


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Comments on Proposed EU Regulations

SGCDpro was approached by several affected members and asked to comment on drastic reductions in lead and cadmium being proposed by the EU. The attached document was sent via email to the individual compiling comments. SGCDpro will continue to monitor this situation as further developments occur. Click below to download attachment.

EU Response
(PDF file - 0.4 megabytes)


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Deco 2013 Headquarters Hotel Special Rate:

Hyatt Regency Louisville
Special SGCDpro rate: $112
For reservations call 888-421-1442.
Or visit Hyatt Regency's reservations web page for SGCDpro at:
https://resweb.passkey.com/go/DECO2013
Limited number of rooms available.
Book by 3/22/13.

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Corrections to SGCDpro Members Directory

Available for download in Microsoft Word format are the corrections to the 2012-2013 SGCDpro Members Directory.

2012-2013 Members Directory
Corrections

(Word file - 0.01 megabytes)

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Healthcare Bill

June 28, 2012, "CHIEF JUSTICE ROBERTS announced the judgment of the Court and delivered the opinion of the Court..."
CLICK HERE to Download PDF of Healthcare Opinion

Link to WSJ Article Court Backs Obama on Health Law.

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Appeals Court Halts NLRB Mandate

In a case brought by the National Right to Work Foundation, an appeals court has stayed a National Labor Relations Board mandate that was set to take effect on April 30th.  NLRB issued a rule to force private employers, regardless of size, to post notices informing workers of their right to unionize and allowing union access to all workplaces regardless of whether or not workers had indicated a wish to unionize.  The court injunction will remain in effect until a final opinion is issued.  The National Association of Manufacturers will be holding a conference call on the issue and SGCDpro will report on any changes in this issue.

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Ceramic Goblet Recalled

Enesco, LLC has announced a voluntary recall of their "Any Wine Will Do" ceramic wine goblet sold in gift shops in several states. The company discovered that the goblets may exceed FDA limits for leachable lead and cadmium based upon independent test results.

The recalled item is decorated on the interior of the vessel and in the lip and rim area. SGCDpro recommends decorator avoid decorating in these areas.

Link to FDA recall notice:
http://www.fda.gov/Safety/Recalls/ucm299516.htm

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H.R. 2715 Passed in the House of Representatives

The U.S. House of Representatives passed H.R. 2715 on August 1. The legislation addresses numerous issues regarding the Consumer Product Safety Improvement Act (CPSIA) and gives the CPSC greater discretion in implementing the 2008 law. The Senate passed the same legislation by unanimous consent. The bill is expected to be signed by President Obama ahead of the August 14th deadline for selling products containing more than 100ppm lead. SGCDpro participated in an advertising campaign organized by the National Association of Manufacturers urging Congress to address major issues in the CPSIA law.

CLICK HERE to download the Bill (PDF format)

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Official Notice of Annual Meeting

The Society of Glass and Ceramic Decorated Products Annual Meeting of Members will be held Monday, March 21st at 8:00 a.m. in the Admiral's room at the Sheraton Station Square, Pittsburgh, PA.

Members are encouraged to attend for the purpose of electing new officers and conducting additional Society business.

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CPSC Representative to speak at Deco 11

Mary Toro of the U.S. Consumer Product Safety Commission has accepted SGCDpro's invitation to speak at Deco 11 in Pittsburgh. Mary spoke at Deco 2000 in San Diego and met with SGCDpro representatives last summer to discuss the Shrek recall.

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CPSC Extends Stay on Testing

The Consumer Product Safety Commission (CPSC) announced on January 25th that it will extend the stay of enforcement on testing and certification of total lead content in children’s products until December 31, 2011. This is welcome news to manufacturers and decorators who have yet to receive clear guidance from the agency. SGCDpro signed onto a formal request by the National Association of Manufacturers urging the agency to provide the extension. The entire text of the stay is available at:
http://www.cpsc.gov/library/foia/foia11/brief/staylead.pdf

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Design Gallery Entry Form and Rules

The Design Gallery 2011 Entry Form and Rules is now available. CLICK HERE to download (0.5 megabyte PDF file).

Design Gallery 2011 will be held March 20, 2011, during Deco '11 in Pittsburgh, PA. Deadline for advance entries will be March 17, 2011.

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CPSC Recall Update

SGCDpro is pleased to announce that the CPSC has recalled its recall of drinking glasses featuring superheros. CPSC indicates that they DO NOT consider the glasses a children's product.

The news was reported by the Associated Press, but noticeably missing from the article was a byline from Justin Pritchard.

Click links below to read the Associated Press articles:
• Feds recall their recall of lead drinking glasses
• Feds dismiss need to recall lead drinking glasses

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Food Safety Bill Update

Walt Sanders, SGCDpro lobbyist, reports that the final version of the Food Safety Bill does NOT contain a labeling provision for glass and ceramics. SGCDpro is grateful for the members and staff representatives who participated in this effort.

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Press Statement

The Society of Glass and Ceramic Decorated Products (SGCDpro) recognizes that government agencies are charged with the task of assuring that products presented for sale to consumers are safe. To that end, our Board of Directors has worked closely with the United States Food and Drug Administration (FDA) to demonstrate the safety of decorated tableware. In fact, most tableware today is decorated with colors that contain no intentionally introduced lead. The Society knows of NO instance where a person has been harmed by decorated tableware.

Further, SGCDpro is concerned about the continued use of inappropriate tests to determine “lead content” for glass and ceramic products. Both the Consumer Product Safety Commission (CPSC) and FDA have acknowledged the unique process of vitrification present in glass and ceramic decoration. Properly vitrified tableware decorations cannot be scratched off of the substrate with a knife and will not leach if broken.

Specific tests have been approved by FDA to identify leaching of lead. Manufacturers and importers, many of whom are members of the Society, incorporate regular testing (using these methods) by recognized labs to assure compliance with all federal laws.

Further, the Society is aware of widespread use of XRF guns, often by individuals not trained in their proper use, to identify whether or not products contain lead. Such tests are not recognized as appropriate for identifying the safety of vitrified tableware. A video demonstrating the vitrification process is available at www.sgcd.org.

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CPSC Passes Database Rule

On Wednesday, November 24th, the Consumer Product Safety Commission (CPSC) voted to finalize the far-reaching database rule proposed by Commissioner Adler. The rule expands the definition of the word consumer to include attorneys, consumer activists and others who do not have to have a relationship the product to post a complaint on the website.

The database will be costly and harmful to manufacturers who will be forced to defend each comment, even those posted by angry employees, competitors and others with an agenda. It will also open up the floodgates to product liability attorneys who will likely file tens of thousands of suits against manufacturers whose products have not been proven harmful.

On December 2, the Senate Commerce Committee will hold oversight hearings on CPSC. Contact your Senator's and Representatives to alert them about how harmful the database ruling will be.

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Venezuela Nationalizes OI Plant

SGCDpro has learned that Venezuela President, Hugo Chavez, has ordered the expropriation of Owens-Illinois assets in that country.  Chavez accused the company of exploiting workers, destroying the environment and "taking away the money of Venezuelans."  Chavez indicated more expropriations are planned.  The country has recently nationalized a number of businesses including cement makers, retail stores and steel mills.  In other news, the company was given a $3 million loan by the state of Ohio to pay for new machinery and equipment for its Owens-Brockway unit.

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CPSC’s response to the Congressman Space Letter

Thank you for your letter regarding the June 2010 voluntary recall of “Shrek” drinking glasses sold at McDonald’s Corporation restaurants due to potential cadmium risk, as well as the U.S. Consumer Product Safety Commission’s current efforts to establish limits on cadmium content in children’s products. Through this letter, I am writing to update you on the Commission’s efforts in this area.

CLICK HERE to read entire letter
CLICK HERE to download PDF of entire letter

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Regulators Soften Cadmium Limits

By Justin Pritchard, Associated Press

October 20, 2010

The 12 million "Shrek" glasses pulled by McDonald's last spring due to federal concerns about cadmium did not have unsafe levels of the toxic metal, judging by revised intake limits regulators unveiled Tuesday. CLICK HERE to read entire article.

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CPSC Votes on Children's Definition

The Consumer Product Safety Commission (CPSC) has voted on what constitutes the definition of a children's product.  The agency has indicated it not release the language of this definition prior to its listing in the Federal Register, further confusing manufacturers and importers of children's products just before the busy holiday selling season.

Commissioner Adler insisted that the agency review the issue in executive session.  This was opposed by the Republican commissioners who strongly objected to this tactic. 

SGCDpro will advise members as more details emerge.

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CPSC Approves Rule on Definition of Children’s Product

The Consumer Product Safety Commission has voted 3-2 along party lines to approve, with amendments, an “interpretive rule” defining children’s products. A draft issued in August is available HERE (click "HERE" to download PDF file from cpsc.gov). At press time, a copy of the amended document was not available, but it will be described in the next newsletter. For a copy, when available, email sandyspence325@gmail.com.

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CPSC Developing Cadmium Limits

As reported earlier, the CPSC has been preparing new cadmium limits for children’s jewelry. They are expected to be made public by mid-October. It has been reported that the limits will be based on exposure, not content, but it is unclear when the new standard will go into effect, whether it will go through a rule-making process, or whether it will apply to any products other than children’s jewelry. SGCDpro will notify members as soon as the standard is released.

The Consumer Product Safety Improvement Act (CPSIA) does not have a cadmium limit for all children’s products. It does establish a standard for soluble cadmium in paints and coatings used on children’s toys by making mandatory the ASTM F963 toy standard. That standard is 75 ppm (soluble) cadmium.

The CPSC has recalled hundreds of thousands of children’s necklaces and bracelets containing cadmium, including children’s jewelry, under the Federal Hazardous Substances Act (FHSA). The FHSA gives the CPSC broad authority to find an item to be a “banned hazardous substance” if the level of cadmium is sufficient to cause substantial illness as a result of reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

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SGCDpro Meets with CPSC

On Monday, July 19, representatives from SGCDpro met directly with the Chairman of the Consumer Product Safety Commission (CPSC), Inez Tenenbaum. Included in the meeting were CPSC technical staff and counsel. Representing SGCDpro were Lobbyist, Walt Sanders; Executive Director, Myra Warne; Wayne Zitkus (retired, Libbey, Inc.) and Richard Jacobs (retired, FDA).

Additionally, staff held meetings with Commissioners Nancy Nord, Anne Northrup and Robert Adler. Commissioner Thomas Moore was unavailable to meet but his staff was included in the Adler meeting.

After a brief overview of the industry and Society by Warne, Zitkus explained the decorating process in detail to CPSC staff and discussed the lack of alternatives for cadmium in developing bright colors. Jacobs reviewed test protocol and his experience in working with ceramic products, noting that products produced or imported by SGCDpro members have an excellent safety record.

CPSC staff seemed interested in our message and appeared to be surprised when we indicated that our independent tests of the recently recalled Shrek glasses showed no cadmium release on the CPSC specified wipe test.

CPSC again noted that a cadmium limit is in peer review and will be released in weeks not months. SGCDpro will keep members informed on this issue. It is important to note that industry will not have an opportunity to comment on the proposed cadmium limit as it is being done outside of the rulemaking process.

CLICK HERE to download Senator Sherrod Brown letter to CPSC

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Senator Sherrod Brown letter to CPSC

Sherrod Brown
Ohio
United States Senate
Washington, DC 20510

July 12, 2010

The Honorable Inez Moore Tenenbaum
Chairman
Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814

I write today to share serious concerns raised with me about the recent McDonald's Corporation voluntary recall, in cooperation with CPSC, of 12 million “Sherk” drinking glasses.

I am aware of the toxicity of metal cadmium used in children's toys, and am a proud co-sponsor of New York Senator Schumer's Children's Toxic Metals Act. I want to reiterate the concerns I expressed in my letter to you dated January 26, 2010. I continue to urge the promulgation of regulatory stands for cadmium content in children's articles so that voluntary recalls like these are made with strong scientific and safety rationales.

However, it is my understanding that with respect to this particular recall, it is important to distinguish between metallic cadmium, which can be highly toxic, and vitrified cadmium, which becomes an oxide. Because most cadmium containing pigments are TCLP (Toxicity Characteristic Leaching Procedure) rated, metallic cadmium is removed from the pigment during processing. Furthermore, the decoration on Shrek drinking glasses was incorrectly referred to as “paint”, when in fact it is produced with ceramic enamels provided by an Ohio company and vitrified through a firing process so that it becomes part of the glass. It is my understanding that the decorations are fully compliant with state and federal laws because there is no leaching of cadmium above the limits set by the FDA.

Federal standards for all consumer products should be based on sound science so that companies can make informed recall decisions. It is of upmost importance to protect Americans consumers and ensure that the products they buy for their children are safe. In this instance, however, it appears that the recalled products do not create a product safety hazard. If this is the case, consumers have been misled and the various businesses involved in the production and decoration of these glasses have been unjustifiably harmed. Such harm would not only extend to the Shrek glasses, but to the real possibility that demand for future glassware will be adversely affected by this action.

I appreciate you evaluating the concerns that have been shared with me. I look forward to your response.

Sincerely,
Sherrod Brown
United States Senator

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SGCDpro Meets with Lawmakers

SGCDpro representatives, Myra Warne and Sandra Spence, met with a number of Congressional staffers and one Congressman on Thursday, June 17th to discuss the safety of glass and ceramic decorated products and pending cadmium limits being developed by the Consumer Products Safety Commission.

Joining Warne and Spence were SGCDpro members Cliff Perryman of Custom Deco and Robert St. John and Joe Mefferd of Libbey. SGCDpro industry lobbyist, Walt Sanders organized the day’s meetings and also joined the group.

Meetings were held with senior staffers of Ohio Senator, Sherrod Brown, Ohio Representative, Betty Sutton and Michigan Representative, John Dingell. Additionally, meetings were held with committee staffers from the House and Senate committees on energy and commerce who are conducting an investigation into the Shrek recall. Ohio Congressman, Zack Space (18th district) met directly with our group to discuss our concerns regarding an outright ban on the use of cadmium in decorated glass and ceramics. Space will also meet soon with the representatives of the cadmium industry.

SGCDpro focused on educating staffers that ceramic enamels are NOT paint. It is important that all SGCDpro members refer to ceramic enamels as just that. We should not call them paints, inks or coatings as these materials are regulated in an entirely different way. There is a tendency for us to use those terms with customers as they may understand the word paint or ink more readily than enamel. In order for our message to resonate, we need to refer to our materials using the proper terms. This will help to avoid confusion moving forward.

While staffers seemed interested in our message, we have an uphill battle to protect the use of cadmium in our color palate. The Ohio delegation is particularly sensitive to the loss of jobs should customers move away from glass promotions. We are in the process of compiling a total jobs number for the delegation in anticipation that they will send a letter to CPSC on our behalf.

It is imperative that all members contact SGCDpro immediately if they believe they have a product that may be subject to recall so that we may enlist the proper resources to help all member decorators. Additional information will be posted on this issue as more details become available.

If you have not yet contacted your Congressional Representatives about this issue, we ask that you do so.

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McDonald's Shrek glassware voluntary recall

SGCDpro is aware of the recent voluntary recall of McDonald’s glassware decorated by a member company. As noted by McDonald’s in a press release, "...To be clear, the glassware was evaluated by an independent third-party laboratory which is accredited by CPSC, and determined to be in compliance with all applicable state and federal requirements..." SGCDpro will post updates to this story as they occur.

CLICK HERE to download McDonald's Recall Press Release.

CLICK HERE to download Arc International's Reaction to McDonald’s Recall.

SGCDpro Media Response: CLICK HERE to view as web page, or CLICK HERE to download PDF.

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McDonald's recall clouded by lack of standards

By Wailin Wong and Ellen Gabler, Tribune reporters

June 4 2010, 7:16 PM CDT

McDonald's decision to recall 12 million "Shrek" beverage glasses that contain cadmium in their colored designs bears the hallmarks of a classic product-safety scare. The complete article can be viewed HERE on chicagotribune.com.

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Guide to Heavy Metal Limits

SGCDpro members can download the updated Guide to Heavy Metal Federal Limits For Glass and Ceramic Decorators from either the Legislative page or the Regulatory Fact Sheet page.

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Society Elects New Officers

The Society elected new officers at its annual meeting  which was held April 19 during Deco 2010 in Nashville.

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Deco '10 Updates

A list of Deco '10 attendees is now available for download (CLICK HERE to download or visit the Seminar & Tradeshow page). Papers from Deco '10 are also available for download on the Seminar & Tradeshow page.

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Annual Meeting of Members Scheduled

The Society of Glass and Ceramic Decorated Products will hold its annual meeting of members on Monday, April 19, 2010, at the Downtown Sheraton in Nashville, TN. The meeting will convene at noon just prior to the start of the annual Awards Luncheon. The new slate of officers for 2010-11 will be voted on during this meeting.

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NEW NMFC change could prove costly to members

FLI Inc., shipping partner to SGCDpro, has recently learned of a change that could impact SGCD members. The National Motor Freight Classification provisions for glassware have been changed. The old item (88140) had a range of classes depending on the released value of each shipment. The new item includes a released value of $19.00 per pound with classes then determined by density of the commodity as prepared for shipment.

What this means to SGCDpro members is that it will now be necessary to calculate the density, in pounds per cubic feet, on every shipment of glassware. Each bill of lading will need to reflect this change. Failure to comply will result in carrier classification changes and charges from the carriers for incorrect bill of lading information. FLI can provide members with a simple density calculator or one can be accessed on our website at www.fliinc.net.

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Legislative and Regulatory Webinar

SGCDpro to host Legislative and Regulatory Webinar at 1pm EST on December 1st, 2009, hosted by Sandra Spence, SGCDpro Legislative Liaison. Cost $95 for members, $50 for corporate members, and $250 for nonmembers. CLICK HERE to download webinar registration form.

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SGCDpro Members Meet with Senate Staff

SGCDpro members, Andrew Pickard Morgan of Pickard China and Todd Barson of Ferro Corporation recently met with Senate staffers to discuss pending food safety legislation in the Senate. The two were joined by SGCDpro lobbyist, Walt Sanders and Elliot Molk, Associate General Counsel for World Kitchen.

The group’s objectives were to educate Senate staff on efforts made by the industry to eliminate lead from products; oppose any efforts to include a ceramic labeling provision in the Senate version of the bill passed in the House; and to have the House labeling provision eliminated in House-Senate Conference Committee should the Senate bill pass.

The group met with staffers from the following Senate offices: Richard Durbin (D-IL), Sherrod Brown (D-OH), Pat Roberts (R-KS), Orin Hatch (R-UT).

The group felt that they successfully made their points to Senate staffers. SGCDpro urges you to continue to contact your Senators about this important issue. For additional information on the food safety bill, visit the legislative section of our website.

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SGCDpro Alert—Prop 65

SGCDpro has learned that a number of Proposition 65 notices have been sent in relation to lead and cadmium in ceramicware. SGCDpro urges all members to make sure they are properly warning items intended for sale in the state of California. Please remember that the law applies not just to food use products but to ALL products in which lead or cadmium bearing glazes are used.

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SGCDpro Group Meets with Senate Staff

On Wednesday, September 9th, SGCDpro President, Ed Weiner; Lobbyist, Walt Sanders; and a representative of Lenox China met with Senator Kay Hagan of North Carolina and, separately, with other Senate staffers to discuss the pending Food Safety Bill which has already passed the House. The House bill, which passed in July, includes a provision mandating the labeling of ceramic tableware and cookware.

Senator Hagan and staffers from other Senate offices listened intently to the concerns of SGCDpro and its members. We will continue to follow this issue and will schedule follow up meetings as necessary. Meanwhile, SGCDpro urges all members to write their Senators and urge them to make sure that a lableing provision is not part of any Food Safety legislation that might be enacted.

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TRI Notice to Members

SGCDpro has learned that a former member company has been fined for failing to file the Environmental Protection Agency (EPA) toxic waste report.  At Deco ’09 in Las Vegas, Rosario Palmieri of the National Association of Manufacturers explained that the TRI short form had been eliminated by EPA and that all members who are required to report must now file the long form.  A show of hands at the meeting indicated that only two members in attendance were currently filing the form with EPA. Companies with 10 or fewer employees are exempted.

Palmieri and SGCDpro Legislative Liaison, Sandy Spence, reminded members that any facility handling 10 lbs or more of lead in a calendar year must comply with the EPA reporting mandate or face fines.

Past President, Nancy Klinefelter, worked tirelessly and even testified before Congress to obtain the short form option that was recently eliminated.  Efforts to reinstate the short form have been unsuccessful.

If you are unsure about the need to file this report or need assistance regarding the TRI reporting issue, contact SGCDpro headquarters at 740-588-9882.

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House Passes Food Safety Act

House Bill 2470, also known as the “Food Safety Enhancement Act” was passed just prior to the August recess under revision of rules, after failing under suspension of rules. Among other things, the legislation includes a labeling provision for ceramic tableware and cookware. It is imperative that SGCDpro members contact their Senators to prevent passage of this far reaching legislation in the Senate.

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CPSC Issues Policy on Labeling Children’s Products

The Consumer Product Safety Commission has issued a Statement of Policy: Interpretation and Enforcement of Section 103(a) of the Consumer Product Safety Improvement Act dealing with labeling requirements for products intended for use by children aged 12 and under. The requirements go into effect for products "made" on or after August 14, 2009. It does not apply retroactively to such products made before that date.

In addition, CPSC staff has issued FAQ’s addressing some of the questions raised earlier on labeling requirements. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action. Additional questions will be added, as submitted by concerned parties.

Due to considerable ambiguity in the official statement and the FAQs, the National Association of Manufacturers’ CPSIA Coalition, in which SGCDpro participates, plans a letter today (July 23) renewing a strong request from industry for CPSC to defer enforcement of the labeling requirements for one year.

Should you have questions about this document and its interpretations of the law, please email our legislative and regulatory liaison at sandyspence325@gmail.com. She will submit your questions anonymously to the CPSC and do her best to secure answers for you. Your questions will also better enable SGCDpro to address the decorating industry’s issues more effectively.

Some examples of the questions raised to date, with their answers include:

Will the tracking label requirement be met if premiums are labeled with a date of distribution, a production date and trademark information?

“Section 103 of the CPSIA requires that the tracking label provide, to the extent practicable, marks that will enable the ultimate purchaser to ascertain the manufacturer or private labeler, the location and date of production of the product and cohort information. A label stating only the date of distribution, a production date and trademark information would not satisfy the requirements of section 103. Such a label would lack information identifying the manufacturer or private labeler, the place of production and cohort information.”

Another FAQ suggests that “Section 103 of the CPSIA further provides that the tracking label must contain information that will enable the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic.) Thus, section 103 of the CPSIA does require that the tracking label contain information sufficient for the purchaser to ascertain the manufacturer of the product.

“Watch the Commission's website for postings regarding further guidance on this issue. The Commission will seek comments from the public during this process.” For access directly to the CPSC FAQ page, go to:
http://www.cpsc.gov/about/cpsia/sect103.html#103q8

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SGCDpro Announces Member Discounts for Testing Services

SGCDpro President, Ed Weiner, is pleased to announce new discounts for members from several member test labs. Participating labs include Specialized Technology Resources (860) 749-8371, QA International (847) 949-4700, and Intertek (732) 394-5369. Click the MEMBER TEST LABS link. SGCDpro is also negotiating shipping discounts for member companies. Watch for details.

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