Issue 1, January 5, 2009
Under the state of California’s Airborne Toxic Control Measure (ACTM), importers bringing certain wood products into California will now be required to provide a certificate starting January 1, 2009. This is not related to the Lacey Act but rather a state requirement having to do with formaldehyde levels found in certain wood products. Formaldehyde is classified as a known human carcinogen, which causes cancer and other serious problems.
This airborne toxic-control measure only applies to hardwood plywood, particle board, medium density fiberboard, and finished goods that contain composite wood products manufactured, distributed, fabricated, imported, sold, offered for sale, or supplied for shipment and use in California.
This State of California legislation only concerns the level of formaldehyde emissions found in the resins that hold the plywood and particle boards together in three types of wood products, (although there are many more commodities with formaldehyde in them.)-
- HWPW: Hardwood Plywood
- PB: Particle Board
- MDF: Medium Density Fiberboard
Under the new requirement, the subject products must be tested and documented as being found safe. Six (6) different parties are given specific compliance instructions: Importers, Manufacturers, Distributors, Fabricators, 3rd Party Certifiers, and Retailers. The testing must be done by approved "3rd Party Certifiers," who will likely have a standard certificate process and cost for their services.
Compliance will be achieved in Two Phases. Phase One starts on January 1, 2009 followed by Stage Two compliance about one year later. Delayed implementation is allowed for “hardwood plywood materials with composite cores”, with their Phase One starting July 2009 and Phase Two starting a year later.
Enforcement activities toward the Importer by the State include possible facility inspections, audit of records, and securing of samples for testing.
The below will be the Importers’ requirements:
- Statement of compliance: For each composite wood product or finished good made with these materials, the importer must state on the bill of lading or invoice, that the products or finished goods comply with the applicable Phase 1 or Phase 2 emission standard. The Importer must provide this certificateof product compliance to the customers, e.g. the retailer, not to the State of California.
- Importers must show that their products meet emission standards as certified by the 3rd party certifiers. “Reasonable prudent precautions” include, at a minimum, instructing each supplier that the goods they supply to an importer must comply with the applicable emission standards, and obtaining a confirming written documentation from each supplier.
- Importers must keep records showing the date of purchase and the supplier of the composite wood products and finished goods, and document the precautions taken to ensure that they comply with applicable emission standards.
- Importers must keep records for 2 years, showing date of purchase, supplier, and must document in writing the precautions taken to ensure compliance with emission standards.These records must be kept in electronic or hard copy form for a minimum of two years and provided to ARB or local air district personnel upon request
Two Exemptions:
- No labeling changes are needed if the Importer does not modify the commodity after importation. If the finished goods are modified, the importer must label the modified goods as specified for fabricators in section 93120.7(d).
- The certificate is not required from Importers if the product uses resins that are designated "No-added formaldehyde resin."
For additional information about this new certification, contact:
Robert Hrubes, SCS Senior Vice President, 510-452-8007;
Michael Wolfe, SCS Contract Program Manager, 415-290-0810;
An informational Certification web site is: http://www.scscertified.com/ecoproducts/CARB_ATCM.html
