The document provides an overview of the U.S. Consumer Product Safety Commission (CPSC) and its activities related to candles and candle accessories. It discusses how CPSC works to prevent injuries through regulations, voluntary standards, surveillance, investigations, recalls, and compliance activities. It summarizes CPSC staff's analysis of a petition requesting mandatory standards for candles, which found that compliance with existing voluntary ASTM standards has reduced fire risks and those standards are likely widely adopted by the candle industry.

1. Update on CPSC’s Activities Related
to Candles and Candle Accessories
Scott Ayers, P.E.
NCA 2015 Annual Conference and Expo
June 3, 2015
6/3/2015 NCA 2015 Annual Conference and Expo 1
This presentation was prepared by CPSC staff, has not been reviewed or approved
by, and may not reflect the views of, the Commission.

2. Presentation Overview
• What Is CPSC?
• How CPSC Prevents Injuries and Deaths
– Surveillance: Retail, Internet, and Ports
– Investigations, Recalls, and Compliance
– Voluntary Product Standards
• CPSC Involvement with ASTM F15.45
– Summary of CPSC staff’s analysis and
recommendation on petition CP 04-01/HP 04-01
6/3/2015 2NCA 2015 Annual Conference and Expo

3. U. S. Consumer Product Safety Commission
• Independent, federal agency
• Established in 1973
• 5 Commissioners
• Over 500 staff
• Headquarters in Bethesda, MD
• Laboratory in Rockville, MD
6/3/2015 3NCA 2015 Annual Conference and Expo
CPSC’s Mission:
Protecting the public against unreasonable risks of
injury from consumer products through education,
safety standards activities, regulation, and
enforcement.

4. Organization
6/3/2015 NCA 2015 Annual Conference and Expo 4
Safety Operations
Operations
Support
Executive DirectorGeneral Counsel
Chairman
Elliot F. Kaye
Commissioner
Ann Marie
Buerkle
Commissioner
Joseph Mohorovic
Commissioner
Robert Adler
Commissioner
Marietta
Robinson
Economics
Engineering
Sciences
Epidemiology Health Sciences
Laboratory
Sciences
Compliance and
Field Operations
Hazard ID and
Reduction
Import
Surveillance

5. What Do We Regulate?
Consumer Products
“. . . any article, or component part thereof, produced or distributed (i) for sale to a
consumer for use in or around a permanent or temporary household or residence, a school,
in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a
consumer in or around a permanent or temporary household or residence, a school, in
recreation, or otherwise…”1
6/3/2015 5
1 Section 3(a)(5) of the Consumer Product Safety Act, 15 U.S.C. § 2052 (a)(5)
NCA 2015 Annual Conference and Expo

6. What Do We Not Regulate?
• Alcohol, tobacco products,
firearms (ATF)
• Drugs, cosmetics, food
(FDA, USDA)
• Motor vehicles for road use
(NHTSA), aircraft (FAA),
boats and watercraft (USCG)
• Pesticides (EPA), medical
devices (FDA), workplace
products (OSHA and others)
6/3/2015 NCA 2015 Annual Conference and Expo 6

7. • Consumer Product Safety Act (CPSA)*
– Amended by the Consumer Product Safety Improvement Act of 2008
• Federal Hazardous Substances Act (FHSA)*
• Poison Prevention Packaging Act (PPPA)
• Refrigerator Safety Act (RSA)
• Virginia Graeme Baker Pool & Spa Safety Act (VGBA)
• Children’s Gasoline Burn Prevention Act (CGBPA)
• Flammable Fabrics Act (FFA)
*Most applicable to the candle industry
Jurisdictional Authority
6/3/2015 7NCA 2015 Annual Conference and Expo

8. How CPSC Prevents Injuries and Deaths
6/3/2015 NCA 2015 Annual Conference and Expo 8
Regulations
Conducts Risk
Assessments
Educates on
Safe Use
Voluntary
Product
Standards
Conducts
Research
Surveillance:
Retail, Internet,
Ports
Identifies,
Monitors,
Analyzes Trends
Educates on
Manufacturing
for Safety
Investigations,
Recalls,
Compliance

9. How CPSC Prevents Injuries and Deaths
6/3/2015 NCA 2015 Annual Conference and Expo 9
Regulations
Conducts Risk
Assessments
Educates on
Safe Use
Voluntary
Product
Standards
Conducts
Research
Surveillance:
Retail, Internet,
Ports
Identifies,
Monitors,
Analyzes Trends
Educates on
Manufacturing
for Safety
Investigations,
Recalls,
Compliance

10. Market Surveillance Activities
6/3/2015 NCA 2015 Annual Conference and Expo 10
• Program plans for regulated
products; surveillance for
defects and other risks
Retail
• Check for conformity with
regulations and for recalled
products being sold
Internet
• Investigators at key ports of
entry
• Analysts (CPSC&CTAC) identify
most likely at-risk products
Ports and
Airports

11. How CPSC Prevents Injuries and Deaths
6/3/2015 NCA 2015 Annual Conference and Expo 11
Regulations
Conducts Risk
Assessments
Educates on
Safe Use
Voluntary
Product
Standards
Conducts
Research
Surveillance:
Retail, Internet,
Ports
Identifies,
Monitors,
Analyzes Trends
Educates on
Manufacturing
for Safety
Investigations,
Recalls,
Compliance

12. Hypothetical Candle Product Situation
• You discover that your candle product MAY have a safety-related problem
– You may not have necessarily had any consumer reports of the problem
• Section 15(b) of the CPSA requires you to report that information to CPSC
immediately.
– See the following link for more information on the information you need to
include in your report:
• http://www.cpsc.gov/en/Business--Manufacturing/Recall-Guidance/
– Do not wait until you complete an internal investigation
– Instead, provide additional information later in the process
• What you should know about reporting
– Your report is confidential
• Under Section 6(b)(5) of the CPSA the Commission and its employees may not publicly
disclose information reported under Section 15, except under certain circumstances
– Filing a report does not necessarily mean you will have to recall your product
6/3/2015 NCA 2015 Annual Conference and Expo 12

13. Section 15(b) Reporting Requirements
Section 15(b) of the CPSA establishes reporting requirements for
manufacturers, importers, distributors and retailers of consumer products, or
other product or substances distributed in commerce over which the
Commission has jurisdiction. Each must notify the Commission immediately if
it obtains information which reasonably supports the conclusion that a
product distributed in commerce
(1) Fails to comply with an applicable consumer product safety rule or with
a voluntary consumer product safety standard upon which the
Commission has relied under section 9,
(2) Fails to comply with any other rule, regulation, standard or ban under
the CPSA or any other Act enforced by the Commission,
(3) Contains a defect which could create a substantial product hazard, or
(4) Creates an unreasonable risk of serious injury or death.
For detailed information, see CPSC’s Recall Handbook at
http://www.cpsc.gov/PageFiles/106141/8002.pdf
6/3/2015 NCA 2015 Annual Conference and Expo 13

14. Frequently Asked Questions on Reporting
• If I suspect a product I manufactured, imported, distributed, offered to sell, or sold might be a
hazard, how much time do I have to report this to the CPSC?
– A company must report to the Commission within 24 hours of obtaining reportable information.
• What if I receive information that reasonably suggests my product could create a safety or health
hazard but no reports have been received alleging that actual harm or injury has been suffered?
– You must immediately report the information about the product. The law does not require injury or harm to
have occurred.
• Does filing a report with the CPSC mean that the CPSC is definitely going to recall my product?
– No. Reporting a product to the Commission under Section 15 of the CPSA does not mean that the
Commission will conclude automatically that a corrective action is necessary.
• Does the Commission treat the information reported as confidential?
– Yes. Under Section 6(b)(5) of the CPSA the Commission and its employees may not publicly disclose
information reported under Section 15, unless the Commission has:
• Filed a legal complaint alleging that a product presents a substantial product hazard;
• Has entered into a remedial settlement agreement dealing with a product;
• Has published a public health or safety finding; or
• The manufacturer consents to its disclosure. (Also see 16 CFR 1015.18.)
• More information can be found at:
– http://www.cpsc.gov/en/Business--Manufacturing/Recall-Guidance/Duty-to-Report-to-the-CPSC-Your-
Rights-and-Responsibilities/
6/3/2015 NCA 2015 Annual Conference and Expo 14

15. Hypothetical Candle Situation
• CPSC Compliance staff will evaluate the information and circumstances to
determine if your product contains a defect which could create a “substantial
product hazard”
– Conduct a Root Cause Analysis (RCA) to determine why it happened and how it could have
been prevented
• What is a “substantial product hazard”
– A failure to comply with an applicable consumer product safety rule under [the CPSA] or
similar rule, regulation, standard, or ban under any other Act enforced by the Commission
which creates a substantial risk of injury to the public, or a product defect which (because of
the pattern of defect, the number of defective products distributed in commerce, the severity
of the risk, or otherwise) creates a substantial risk of injury to the public.
• Section 15 of the Consumer Product Safety Act (CPSA)
• Corrective action will be required if your product is found to present a substantial
product hazard
– This includes, but is not limited to a Product Recall
6/3/2015 NCA 2015 Annual Conference and Expo 15

16. How CPSC Prevents Injuries and Deaths
6/3/2015 NCA 2015 Annual Conference and Expo 16
Regulations
Conducts Risk
Assessments
Educates on
Safe Use
Voluntary
Product
Standards
Conducts
Research
Surveillance:
Retail, Internet,
Ports
Identifies,
Monitors,
Analyzes Trends
Educates on
Manufacturing
for Safety
Investigations,
Recalls,
Compliance

17. CPSC and ASTM F15.45
• Candle-related fires from 1990 to 2001*
• CPSC in 1997 requested ASTM to develop voluntary performance standards for candles to reduce
fire hazards associated with candle products
• ASTM formed several task groups addressing terminology, labeling, data evaluation, glass
containers, wicks, and fire safety
– To date there are a total of six published ASTM candle-related standards
• In March 2004, CPSC docketed a petition for the National Association of State Fire Marshals
(NASFM) where NASFM asserted that mandatory standards are necessary because residential fires
and associated fire losses caused by candles increased from 1989 to 1999 (CP 04-1/HP 04-1)
6/3/2015 NCA 2015 Annual Conference and Expo 17
*Miller, David, “Candle Fire Loss Estimates and In-Depth Investigation Review,” CPSC July 7, 2014
https://www.cpsc.gov//Global/Newsroom/FOIA/CommissionBriefingPackages/2014/PetitionCP04-1andHP04-1RequestsforFireSafetyStandardforCandlesandCandleAccessories.pdf

18. NASFM Candle Petition
• NASFM requested that the CPSC adopt and enforce a standard
addressing candle products fire safety
– Based, at a minimum, on the requirements contained within ASTM’s
Provisional Specifications for Fire Safety for Candles (PS59-02).
• Excess flame height requirement
• Secondary ignition requirement
• End-of-life requirement
• Stability requirement
– With additional requirements including:
• Flammability performance requirements for candle accessories, including
candleholders;
• End-of-useful life requirements for freestanding, tealight, taper, and votive
candles;
• Stability requirements for votive candles and taper candles mounted in
appropriate candle holders; and
• Miscibility and flash point requirements for gel candles.
6/3/2015 NCA 2015 Annual Conference and Expo 18

19. NASFM Petition
• NASFM Asserted That…
– …Because experts from the candle industry had provided
leadership and participated in the development of the
ASTM standard, it should be commercially feasible
– …ASTM’s provisional standard, with the additional
requirements, would adequately address the hazards and
should be effective in reducing accidental fire losses
– …There were no mechanisms to ensure adherence to a
voluntary standard by industry, and there would not be
substantial compliance by industry with a voluntary
standard
• Therefore, NASFM requested CPSC mandate a national
candle product standard
6/3/2015 NCA 2015 Annual Conference and Expo 19

20. CPSC Required Analysis
• The CPSA requires(15 U.S.C. § 2056(b)(1)) that
• “the Commission shall rely upon voluntary consumer product
safety standards rather than promulgate a consumer product
safety standard prescribing requirements . . . whenever
compliance with such voluntary standards would eliminate or
adequately reduce the risk of injury addressed and it is likely that
there will be substantial compliance with such voluntary
standards.”
• Therefore, to evaluate the petitioner’s request, staff
reviewed whether:
– Compliance with the ASTM standards would eliminate or
adequately reduce the risk
– It is likely that there will be substantial compliance with
the ASTM standards
6/3/2015 NCA 2015 Annual Conference and Expo 20

21. Are the ASTM Standards Effective?
• ASTM, to date has published six standards
– 1
– 2
– 3
• ASTM F2417-11 and ASTM F2601-13 collectively incorporate the
requirements from PS59-02, along with the additional requirements
presented in the petition
• These additional ASTM standards include more requirements for
candles and candle products
• The ASTM standards continue to be updated and reevaluated as
candle technologies evolve; and the standards are reviewed every
five years
• To assess the effectiveness of the ASTM Standards, CPSC needed to
assess the impact of the ASTM standards over time
6/3/2015 NCA 2015 Annual Conference and Expo 21
‒ F1972-05 (Terminology)
‒ F2058-07 (Labeling)
‒ F2179-14 (Glass)
‒ F2326-15 (Visible Emissions)
‒ F2417-11 (Candle Fire Safety)
‒ F2601-13 (Candle Accessories)

22. • Candle fires and injuries have been steadily decreasing since the publication of the provisional
standard in 2002
• Analysis of CPSC candle-related Product Safety Assessments (PSAs) between FY2009 and FY2013
found that 82.5% of candle products assessed met ASTM requirements
– 92.5% passed non-labelling ASTM performance requirements
• The ASTM subcommittee continues to meet regularly and evolve the standards as need be
Are the ASTM Standards Effective?
6/3/2015 NCA 2015 Annual Conference and Expo 22
*Miller, David, “Candle Fire Loss Estimates and In-Depth Investigation Review,” CPSC July 7, 2014
https://www.cpsc.gov//Global/Newsroom/FOIA/CommissionBriefingPackages/2014/PetitionCP04-1andHP04-1RequestsforFireSafetyStandardforCandlesandCandleAccessories.pdf

23. CPSC PSA Evaluation
• Analysis of CPSC candle-related PSAs between FY2009 and
FY2013 (excludes products that did not conform to the
labeling requirements)
– 3 of 40 did not meet ASTM requirements
– 2 of 40 probably had a paint or coating issue*
– 13 of 40 most likely had a QA/process error#
– 8 of 40 most likely was due to consumer misuse#
– 2 of 40 had no incident
– 2 of 40 were caused by shipping damage
– 8 of 40 incident was most likely caused by a product other than
the collected candle product#
– 4 of 40 there was not enough information to determine a most
likely cause
6/3/2015 NCA 2015 Annual Conference and Expo 23
*Issue is currently not covered by ASTM F2417, but a proposed solution is in process of ASTM balloting
#One PSA concluded it was most likely either QA/process error or consumer misuse; one PSA concluded
it was most likely QA/process errors or caused by another product

24. Are the ASTM Standards Widely Adopted?
• CPSC has evaluated the current voluntary standards, hazard data, market analysis,
and compliance data, which indicate that compliance with the current ASTM
voluntary standards would adequately reduce the risk of fire hazards associated
with candles and candle accessories
• In addition, staff’s review showed that substantial compliance with the voluntary
standards is likely based on:
– The NCA states that 90 percent of U.S. candle consumption already conforms to the latest
ASTM voluntary standards
– Several mass merchandisers confirmed to CPSC that compliance with the ASTM voluntary
standards is required
– CPSC candle product PSAs from 2009 to 2013 show that more than 80% of the candle
products reported to have a fire safety issue, were compliant with the ASTM voluntary
standards
– National Fire Loss Data shows a steady decline in candle product fires, deaths, and injuries
from 2002 through 2011, following the introduction of the ASTM voluntary standards
• Domestic consumption of candles has declined approximately 35 percent since
2004
– Candle fires decreased by ~50 % over the same time period
6/3/2015 NCA 2015 Annual Conference and Expo 24

25. Conclusions
• CPSC’s residential fire loss estimates and CPSC PSA
analysis suggest that the ASTM standards are effective
• NCA information, retailer information, and data
suggest that the ASTM standards are widely accepted
• The CPSC staff concluded that the reduction in candle-
related deaths and incidents cannot be attributed to
any single factor, but is likely the result of a
combination of factors, including reduced consumption
and substantial compliance with the voluntary
standards.
6/3/2015 NCA 2015 Annual Conference and Expo 25

26. The Commission’s Decision
• On August 18, 2014, the Commission voted
unanimously to deny Petition CP 04-1/HP 04-1
and directed staff to continue involvement
with ASTM.
– Specifically, the Commission directs the staff to
monitor and contribute to the F2417 Committee's
work on developing a performance standard with
respect to paint and other non-wax coating on
candles, and any other addressable concern not
currently subject to these standards.
6/3/2015 NCA 2015 Annual Conference and Expo 26

27. CPSC and ASTM F15.45
• CPSC will continue to work with the ASTM
subcommittee
• Questions???
6/3/2015 NCA 2015 Annual Conference and Expo 27

28. Contact Information
Scott Ayers, P.E.
Fire Protection Engineer
Directorate for Engineering
Sciences
U.S. Consumer Product Safety
Commission
5 Research Place
Rockville, MD 20850
Phone: 301-987-2030
Fax: 301-869-0292
sayers@cpsc.gov
Neal Cohen
Small Business Ombudsman
U.S. Consumer Product Safety
Commission
4330 East West Highway
Bethesda, MD 20814
Phone: 301-504-7504
Fax: 301-504-0124
ncohen@cpsc.gov
6/3/2015 NCA 2015 Annual Conference and Expo 28
http://www.cpsc.gov/en/Business--
Manufacturing/Small-Business-Resources/