Certification accompanying product; products with more than one manufacturer
General conformity certification .—
Third party testing requirement .—
Schedule for implementation of third party testing.—
General application .—
Time line for accreditation.—
Lead paint .—
Full-size cribs; non full-size cribs; pacifiers .—
Small parts .—
Children’s metal jewelry .—
Baby bouncers, walkers, and jumpers .—
All other children’s product safety rules .—
Accreditation .—
Periodic review .—
Publication of accredited entities .—
Extension .—
Rulemaking .—
Rules to establish reasonable testing programs
The Commission may by rule prescribe reasonable testing programs for any product which is subject to a consumer product safety rule under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission, and for which a certificate is required under subsection (a). Any test or testing program on the basis of which a certificate is issued under subsection (a) may, at the option of the person required to certify the product, be conducted by an independent third party qualified to perform such tests, unless the Commission, by rule, requires testing by an independent third party for a particular rule, regulation, standard, or ban, or for a particular class of products.
Form and contents of labels
Additional regulations for third party testing
Audit
Not later than 10 months after , the Commission shall by regulation establish requirements for the periodic audit of third party conformity assessment bodies as a condition for the continuing accreditation of such conformity assessment bodies under subsection (a)(3)(C).
Compliance; continuing testing
Reducing third party testing burdens
Assessment
Regulations
Following the public comment period described in subparagraph (A), but not later than 1 year after , the Commission shall review the public comments and may prescribe new or revised third party testing regulations if it determines that such regulations will reduce third party testing costs consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations.
Report
If the Commission determines that it lacks authority to implement an opportunity for reducing the costs of third-party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations, it shall transmit a report to Congress reviewing those opportunities, along with any recommendations for any legislation to permit such implementation.
Special rules for small batch manufacturers
Special consideration; exemption
Consideration; alternative requirements
Subject to subparagraph (C), in implementing third party testing requirements under this section, the Commission shall take into consideration any economic, administrative, or other limits on the ability of small batch manufacturers to comply with such requirements and shall, after notice and a hearing, provide alternative testing requirements for covered products manufactured by small batch manufacturers in lieu of those required under subsection (a) or (b). Any such alternative requirements shall provide for reasonable methods to assure compliance with any applicable consumer product safety rule, ban, standard, or regulation. The Commission may allow such alternative testing requirements for small batch manufacturers with respect to a specific product or product class or with respect to a specific safety rule, ban, standard, or regulation, or portion thereof.
Exemption
If the Commission determines that no alternative testing requirement is available or economically practicable, it shall exempt small batch manufacturers from third party testing requirements under subsections (a) and (b).
Certification
In lieu of or as part of any alternative testing requirements provided under clause (i), the Commission may allow certification of a product to an applicable consumer product safety rule, ban, standard, or regulation, or portion thereof, based on documentation that the product complies with another national or international governmental standard or safety requirement that the Commission determines is the same or more stringent than the consumer product safety rule, ban, standard, or regulation, or portion thereof. Any such certification shall only be allowed to the extent of the equivalency with a consumer product safety rule, ban, standard, or regulation and not to any other part of the consumer product safety rule, ban, standard, or regulation.
Restriction
Except as provided in subparagraph (C), and except where the Commission determines that the manufacturer does not meet the definition of a small batch manufacturer, for any small batch manufacturer registered pursuant to subparagraph (B), the Commission may not require third party testing of a covered product by a third party conformity assessment body until the Commission has provided either an alternative testing requirement or an exemption in accordance with clause (i) or (ii), respectively.
Registration
Any small batch manufacturer that utilizes alternative requirements or an exemption under this paragraph shall register with the Commission prior to using such alternative requirements or exemptions pursuant to any guidelines issued by the Commission to carry out this requirement.
Limitation
Subsequent manufacturer
Nothing in this paragraph shall be construed to affect third party testing or any other requirements with respect to a subsequent manufacturer or other entity that uses components provided by one or more small batch manufacturers.
Definitions
Exclusion from third party testing
Certain printed materials
In general
The third party testing requirements established under subsection (a) shall not apply to ordinary books or ordinary paper-based printed materials.
Definitions
Ordinary book
The term “ordinary book” means a book printed on paper or cardboard, printed with inks or toners, and bound and finished using a conventional method, and that is intended to be read or has educational value. Such term does not include books with inherent play value, books designed or intended for a child 3 years of age or younger, and does not include any toy or other article that is not a book that is sold or packaged with an ordinary book.
Ordinary paper-based printed materials
The term “ordinary paper-based printed materials” means materials printed on paper or cardboard, such as magazines, posters, greeting cards, and similar products, that are printed with inks or toners and bound and finished using a conventional method.
Exclusions
Such terms do not include books or printed materials that contain components that are printed on material other than paper or cardboard or contain nonpaper-based components such as metal or plastic parts or accessories that are not part of the binding and finishing materials used in a conventional method.
Metal component parts of bicycles
section 1278a(b)(6) of this titleThe third party testing requirements established under subsection (a) shall not apply to metal component parts of bicycles with respect to compliance with the lead content limits in place pursuant to .
Withdrawal of accreditation
In general
Procedure
Failure to cooperate
The Commission may suspend the accreditation of a conformity assessment body if it fails to cooperate with the Commission in an investigation under this section.
Definitions
Children’s product safety rule
The term “children’s product safety rule” means a consumer product safety rule under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the Commission, including a rule declaring a consumer product to be a banned hazardous product or substance.
Third party conformity assessment body
In general
The term “third party conformity assessment body” means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private labeler of a product assessed by such conformity assessment body.
Governmental participation
Testing and certification of art materials and products
15 U.S.C. 1261A certifying organization (as defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations (or any successor regulation or ruling)) meets the requirements of subparagraph (A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal Hazardous Substances Act ( et seq.).
Firewalled conformity assessment bodies
Requirements for certificates
Identification of issuer and conformity assessment body
Every certificate required under this section shall identify the manufacturer or private labeler issuing the certificate and any third party conformity assessment body on whose testing the certificate depends. The certificate shall include, at a minimum, the date and place of manufacture, the date and place where the product was tested, each party’s name, full mailing address, telephone number, and contact information for the individual responsible for maintaining records of test results.
English language
Every certificate required under this section shall be legible and all content required by this section shall be in the English language. A certificate may also contain the same content in any other language.
Availability of certificates
Every certificate required under this section shall accompany the applicable product or shipment of products covered by the same certificate and a copy of the certificate shall be furnished to each distributor or retailer of the product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy of the certificate to the Commission.
Electronic filing of certificates for imported products
In consultation with the Commissioner of U.S. Customs and Border Protection, the Commission may, by rule, provide for the electronic filing of certificates under this section up to 24 hours before arrival of an imported product. Upon request, the manufacturer or private labeler issuing the certificate shall furnish a copy to the Commission and to the Commissioner of U.S. Customs and Border Protection.
Rule of construction
Compliance of any children’s product with third party testing and certification or general conformity certification requirements under this section shall not be construed to exempt such children’s product from any requirement that such product actually be in conformity with all applicable rules, regulation, standards, or ban under any Act enforced by the Commission.
Requirement for advertisements
No advertisement for a consumer product or label or packaging of such product may contain a reference to a consumer product safety rule or a voluntary consumer product safety standard unless such product conforms with the applicable safety requirements of such rule or standard.
Pub. L. 92–573, § 1486 Stat. 1220Pub. L. 110–314, title I122 Stat. 3022Pub. L. 112–28125 Stat. 276Pub. L. 114–125, title VIII, § 802(d)(2)130 Stat. 210(, , ; , §§ 102(a)(1)(A), (2), (3), (b), (d), 103, , , 3024, 3027, 3028; , §§ 2(a), 6, 10(a), , , 281, 283; , , .)
Editorial Notes
References in Text
Pub. L. 86–61374 Stat. 372section 1261 of this titleThe Federal Hazardous Substances Act, referred to in subsec. (f)(2)(C), is , , , which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 112–28, § 62011—Subsec. (a)(5). , designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).
Pub. L. 112–28, § 10(a)Subsec. (d). , redesignated subsec. (d), relating to requirement for advertisements, as (i).
Pub. L. 112–28, § 2(a)(1)Subsec. (d)(2)(B)(ii). , substituted “representative” for “random”.
Pub. L. 112–28, § 2(a)(2)Subsec. (d)(3) to (5). , added pars. (3) to (5).
Pub. L. 112–28, § 10(a)Subsec. (i). , redesignated subsec. (d), relating to requirement for advertisements, as (i).
Pub. L. 110–314, § 102(a)(1)(A)2008—Subsec. (a)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Every manufacturer of a product which is subject to a consumer product safety standard under this chapter and which is distributed in commerce (and the private labeler of such product if it bears a private label) shall issue a certificate which shall certify that such product conforms to all applicable consumer product safety standards, and shall specify any standard which is applicable. Such certificate shall accompany the product or shall otherwise be furnished to any distributor or retailer to whom the product is delivered. Any certificate under this subsection shall be based on a test of each product or upon a reasonable testing program; shall state the name of the manufacturer or private labeler issuing the certificate; and shall include the date and place of manufacture.”
Pub. L. 110–314, § 102(a)(2)Subsec. (a)(2), (3). , which directed amendment of par. (2) of this section by adding pars. (2) and (3), was executed by adding pars. (2) and (3) to subsec. (a) of this section, to reflect the probable intent of Congress. Former par. (2) redesignated (4).
Pub. L. 110–314, § 102(a)(3)Subsec. (a)(4). , substituted “required under paragraph (1), (2), or (3)” for “required by paragraph (1) of this subsection” and “requirement under paragraph (1), (2), or (3)” for “requirement under paragraph (1)”.
Pub. L. 110–314, § 102(a)(2), which directed amendment of par. (2) of this section by redesignating par. (2) as (4), was executed to subsec. (a) of this section, to reflect the probable intent of Congress.
Pub. L. 110–314, § 103(a)Subsec. (a)(5). , added par. (5).
Pub. L. 110–314, § 102(d)Subsec. (b). , substituted “any product which is subject to a consumer product safety rule under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission,” for “consumer products which are subject to consumer product safety standards under this chapter” and “, unless the Commission, by rule, requires testing by an independent third party for a particular rule, regulation, standard, or ban, or for a particular class of products.” for “or testing programs.”
Pub. L. 110–314, § 103(b)Subsec. (c)(2) to (4). , added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Pub. L. 110–314, § 103(c)Subsec. (d). , added subsec (d) relating to requirement for advertisements.
Pub. L. 110–314, § 102(b), added subsec. (d) relating to additional regulations for third party testing.
Pub. L. 110–314, § 102(b)Subsecs. (e) to (h). , added subsecs. (e) to (h).
Statutory Notes and Related Subsidiaries
Change of Name
section 802(d)(2) of Pub. L. 114–125section 211 of Title 6“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in two places in subsec. (g)(4) on authority of , set out as a note under , Domestic Security.
Effective Date of 2008 Amendment
Pub. L. 110–314, title I, § 102(a)(1)(B)122 Stat. 3022
section 103(c) of Pub. L. 110–314section 239(a) of Pub. L. 110–314section 2051 of this titleAmendment by effective on the date that is 60 days after , see , set out as a note under .
Effective Date
section 34 of Pub. L. 92–573section 2051 of this titleSection effective on the sixtieth day following , see , set out as a note under .
CPSC Consideration of Existing Requirements
Pub. L. 110–314, title I, § 102(c)122 Stat. 3027