CPSC to Streamline Certification Requirements Under CPSIA Sec. 102
November 11, 2008 — By Jennifer P. Toney
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Due
to apparent mass confusion surrounding the new product certification rules, the Commission’s
final ruling limits the types of companies that must provide certifications and trims down some of the administrative requirements.
Background:
Section 14 of the Consumer Product Safety Act [US Code Title 15, Chapter 47, Section
2063] covers Product Certification and Labeling. The section was recently amended by Sections
102 and 103 of the CPSIA of 2008. This post will cover the amendments specified
by Section 102 and the changes that the CPSC ruled on today.
Originally,
Sec. 102 of the CPSIA specified that:
- As of tomorrow, November 12, 2008 (90
days after enactment of CPSIA), every manufacturer, importer and private labeler
of a product intended for import, consumption, storage or sale in the USA must, for each product, provide a certificate that lists every applicable rule, standard and law and certifies that the product complies with each. - Every manufacturer, importer and private labeler of a children’s
product intended for import, consumption, storage or sale in the USA, must first issue a certificate of proof
that the product has been tested for compliance by an accredited third party.
published by the CPSC on a rolling basis by the dates listed below. Once published, companies will then have 90 days to
comply.
Third Party Accreditation Requirements to be Released by:
September 13, 2008: Lead Paint (p.
54564 of the Federal Register (FR))
October 13, 2008: Full-Size
Cribs, Non-Full-Size Cribs, Pacifiers (p. 62965 FR)
November 12, 2008: Small Parts (p. 67840 FR)
December 12, 2008: Children’s
Metal Jewelry (p. 78334 FR)
March 12, 2008: Baby Bouncers, Walkers, Jumpers
June 13, 2008: All other
children’s product safety rules.
I will
continue to post links to the accreditation requirements as they become available.
Commission’s
Final Ruling on Sec. 102:
Today, the Commission issued its final rule regarding Section 102. In it, the Commission designates “the importer as the sole entity that must issue the certificate required by
Sec. 14 (a) in the case of an imported product.” The certificate must be available upon
arrival for inspection in the US, or sooner.
For domestically produced
products, the Commission designated “the domestic manufacturer as the sole
entity that must issue the certificate required by Sec. 14 (a).” The certificate must be available before the “product
or shipment is introduced into domestic commerce.”
In both cases, the
Commission ruled that certificates may be provided electronically if they can
be uniquely identified to a particular product and can be reasonably
accessed. Electronic and paper certificates must include the following information (summarized here):
1.
Product(s)
covered by the certificate
2. List
of applicable safety rules, bans,
standards or regulations
3. Name,
address and phone number of importer or domestic manufacturer providing
certificate
4.
Contact
information for person maintaining test records
5.
Date
and location where product was manufactured
6.
Date
and location where product was tested
7.
Name
and contact information for any third-party tester or lab used
In
addition, although the Commission stated that it expects all companies to
put forth their best effort to comply with the new certification rules, due to
limited resources it will initially focus on compliance with the safety rules and laws rather than the format
of the certificate itself.
Commission’s final rule
regarding Section 102
2 Comments
Hi Lisa,
The CPSC published a document late last night (that it has since converted to a webpage) titled: “Guidance on the Consumer Product Safety Improvement Act (CPSIA) for Small Businesses, Resellers, Crafters and Charities” http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.html
While the information contained within the guidance document is not new, it is a good overview for those who are confused or who are just learning about the new laws. However, I do caution you that the document is far from comprehensive and should only be used as a guide to point you in the right direction.
Specific to your question, the answer depends on whether or not you make/paint the shoes yourself, or if you just sell them. If you or your staff make/paint the shoes, you are considered the manufacturer. In that case, question number five addresses your concern:
“Question 5: For testing and certification of children’s products that are required now (for example, lead paint and small parts), what do I need to do?
Where testing is required, manufacturers and importers of children’s products must test their products using a third-party accredited testing lab.
…
Manufacturers and importers must comply with certificate requirements, which is the documentation that shows that the product has been tested and meets appropriate standards.”
Here is a link to accredited third-party, testers approved by the CPSC: http://cpsc.gov/cgi-bin/labapplist.aspx
Scroll to bottom of page to narrow search by regulation (eg., lead paint)
Keep in mind that, depending on other materials used in or on the shoes, additional safety regulations may apply.
If you do not make the shoes but only sell them, you do not need to test and certify for safety compliance, but you do still need to be certain that the products do, in fact, comply. The CPSC gives the following advice for retailers:
“As a practical matter, you must either: Test the product; Refuse to accept or sell the product, which will mean disposing of it if you already have it in your inventory; Use your best judgment based on your knowledge of the product; or, Contact the manufacturer about questionable products.” (Question 15)
Since it sounds like you are prepared to test, if you are only the retailer and not the manufacturer, you do not need to conduct third-party testing and, in the case of lead, can instead hire a professional to do X-Ray Fluorescence (XRF) testing, which can be done with a hand-held machine on site. An online search for “XRF technician” or “X-Ray Fluorescence (XRF) testing” plus the name of your city or county should help you find someone to do the testing. BUT be very careful. I have no doubts that testing has fast become a hot business, and not everyone you encounter will be qualified. Be sure to do your due diligence.
Hope that helps. Feel free to email me directly if you are still confused. Jennifer [@] WeMakeItSafer.com
Disclaimer: As always, content on this site, including that which is provided in comments, is based on the opinions and understanding of each individual author; it is provided for information and discussion purposes only and should not be considered as legal advice.
HELP! I am opening a store for hand painted baby shoes and am totally confused. How do I get the certification that I need??? There’s so much gobbledy-goop on the net that I can’t sift through it all. Just tell me where to send the product for testing in order to be certified, and I’ll do it! My site should be operational by the end of this week, so I’d hate to put it on hold any longer than needed…
Thanks!