CPSC Launches Registry for Small Batch Manufacturers

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WASHINGTON, D.C. – Dec 23, 2011, CPSC is launching an easy-to-use registry for small batch manufacturers, which can be found at www.SaferProducts.gov. Congress directed CPSC to establish this registry for small batch manufacturers in Public Law 112-28, which was signed into law by President Obama on August 12, 2011.

Small batch manufacturers, defined as those who earned $1 million or less in total gross revenues from sales of consumer products in 2011, and who produced in total no more than 7,500 units of at least one consumer product in 2011 can register for calendar year 2012 at www.SaferProducts.gov. Qualifying small batch manufacturers are not required to third party test for compliance with certain children’s product safety rules during 2012 for products which they produced no more than 7,500 units of in the previous calendar year.

This new registry does not exempt small batch manufacturers from ensuring that their products comply with these mandatory standards. Small batch manufacturers must still provide a certificate of conformity, in which the manufacturers certify in writing that their products comply with the applicable regulations. However, except where required by law, the certificate does not have to be based on third party testing.

Effective December 31, 2011, the stays of enforcement on third-party testing and certification for limits on total lead content for children’s products, the ban on certain phthalates for children’s toys and child care articles, and the mandatory toy standard (ASTM F963) will end. CPSC launched an education and outreach effort to ensure widespread awareness of the new federal requirements and has also provided assistance and guidance to small batch manufacturers to help them understand these new requirements.

For additional information on the Small Batch Manufacturers Registry and small batch guidance materials, please see www.cpsc.gov/smallbatch. You may also contact our small business ombudsman Neal Cohen at ncohen@cpsc.gov or through www.cpsc.gov/sbo

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The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. CPSC’s work to ensure the safety of consumer products – such as toys, cribs, power tools, cigarette lighters and household chemicals – contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, go online to: www.saferproducts.gov, call CPSC’s Hotline at (800) 638-2772 or teletypewriter at (800) 638-8270 for the hearing impaired. Consumers can obtain this news release and product safety information at www.cpsc.gov. To join a free e-mail subscription list, please go tohttps://www.cpsc.gov/cpsclist.aspx.

CPSIA,You & January 1, 2012….Are You Ready?

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                          CPSIA Stay of Enforcement Expires 12/31/11                  

              Are you a Manufacturer, Distributor or Retailer Selling Children’s Products

              TOP 10 Things You Need to Know as we start the New Year

The intent of this list is to provide guidance to Children’s Product manufacturers and Retailers as they implement the provisions of the Consumer Product Safety Information Act (CPSIA), as administered by the Consumer Product Safety Commission (CPSC). The information in this article should not be construed as legal advice.

Dec 28,2011 by Bill Jacoby

1. Overview       CPSIA becomes fully effective on January 1st, 2012. As of this date, all Children’s product Manufacturers and Distributors are required to issue a General Certificate of Conformity (GCC), also known as a Children’s Product Certificate (CPC), based on third-party testing from a CPSC-recognized laboratory, to Retailers and distributors, and upon request to the CPSC for children’s products imported or distributed in commerce on or after January 1, 2012

2. Children’s Products Defined     The CPSC has defined a “children’s product” to mean a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, you need to take the following factors into consideration:

  • A statement by the manufacturer about the intended use of the product, including a label on the product if such a statement is reasonable.
  • Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
  • Whether a product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger
  • The Age Determination Guidelines issued by the CPSC staff in September 2002, and any successor to such guidelines

3. Third-Party Testing       All Children’s Products are required to undergo third- party testing.  Third – party testing must be conducted at a CPSC-approved, accredited laboratory to determine the total lead content in children’s product meets the approved limit.

4. Exemptions   Under the Legislation, which was passed and signed by President Obama in August 2011, there is an exemption for small batch Manufacturers. To qualify as a small batch manufacturer, you must meet this two-part test:

  1. Income: Total gross revenues from the prior calendar year (2011 sales to qualify for 2012) from the sale of all consumer products is $1million or less.
  2. Covered product: No more than 7500 units of the same product were manufactured in the previous calendar year. (2011)

As a qualifying small batch manufacturer, you will need to register with the CPSC on an annual basis. You will still need to issue a certificate (CPC/GCC), however you will not need to conduct third -party testing for either lead or phthalate content. Additionally, your products must still meet both the lead and phthalate content limits.

5. Phthalate Content Considerations       Congress has permanently prohibited three phthalates: DEHP,DBP and BBP ( in concentration of more than 0.1percent ) in children’s toys or child care articles. “Three additional phthalates: DINP,DIDP and DnOP, have been prohibited pending further study

A “children’s toy” means a product intended for a child 12 years of age or younger for use when playing, and a “child care article” means a product that a child three years of age and younger would use for sleeping, feeding, sucking or teething.                  Please note that wearing apparel falls under the definition of a child-care article if it is intended to facilitate eating and sleeping.

6. General Certificate of Conformity    A GCC / CPC is a document that certifies that the product complies with the CPSIA regulations, based on a test of each product or a reasonable testing program. The law requires that each import (and domestic manufacturer) shipment be “accompanied” by the required certificate. This certificate does not need to physically accompany the product. Under CPSC regulations, an electronic certificate is “accompanying” a shipment if the certificate is identified by a unique identifier and can be accessed via a World Wide Web URL or other electronic means, provided the URL or other electronic means and the unique identifier are created in advance and are available with the shipment.

Each GCC/ CPC certificate must include the following information:

  • Identification of the product covered by the certificate
  • Applicable CPSC rule or ban to which product is being certified
  • Identification of manufacturer
  • Identification of the person maintaining the testing information
  • Date and place where the product was manufactured.
  • Date and place where he product was tested.
  • Identification of the third– party testing facility used.

Note: GCC’s area used for consumer products and CPC (Children’s Product Certificate) is used for children’s Products.

7. Component Part Testing    Component testing, as outlined by the CPSC, is voluntary ad can be undertaken by either the component manufacturer or the manufacturer of the children’s product. For manufacturers producing children’s wearing apparel, the textile garment does not need to be tested as it has been exempted through regulation. Only the other components, such as the ink, zippers, buttons, etc. must be tested for lead content. If the children’s product also could be classified as a child-care article, only those plasticized elements need to be tested, and a component testing program can also be initiated to satisfy the testing requirements. There are documentation / recordkeeping requirements associated with component –part testing, and all records must be kept for at least five years.

8. Retailer Requirements    Each retailer must keep a GCC or CPC for each product sold on file. These will be sent by the manufacturer or distributor with each shipment or via email or other electronic format such as a url, or website starting on 1/1/12.  You must maintain these certificates and be able to produce them to the CPSC upon request.

9. Enforcement Penalties       The CPSC has issued a final rule that outlines the civil penalties associated with noncompliance activities. As of August 14th, 2009, the commission has the ability to seek penalty amounts of up to $100,000 for each violation. Maximum penalty amounts for a related series of violations have been increased from $1.8 million to $15 million. At a recent Toy Industry event there was a firm acknowledgement by CPSC Commissioner Nord that the January 1, 2012 enforcement date for CPSIA regulations will bring a change to the industry.  All Stays of Enforcement will have expired and the CPSC will be more diligent in its review of toys at ports of entry and failure to comply … with third party testing regulations, leaving off traffic information, and other discrepancies, will result in the holding of the shipment and fines of up to $100,000. 

10. Are you Ready?    For products manufactured or distributed in commerce after December 31, 2011, a GCC or CPC must accompany each shipment which clearly states that the product complies with either the lead or phthalate content limit as applicable and must contain information of the third-party testing facility used. All documentation must be retained for five years!

Do you have the operational process place in your company to makes sure the certificates are sent out each and every time? As a retailer, are you prepared for the flood of certificates coming your way and do you have documentation procedures in place for retention?

Jacoby Solutions has developed the CORE Audit™ (Compliance Operations Readiness Engagement Audit), the company’s proprietary approach to business operations compliance readiness. A one-stop shop for manufacturing and distribution companies in need of a solutions partner who can help them evolve their business while keeping an eye on compliance, Jacoby Solutions saves companies time, money and resources while helping them become CPSIA ready.

 

                   

CPSIA Testing Exemptions

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In August 2011 an amendment to the Consumer Product Safety Improvement Act (CPSIA) was signed into law and provides an exemption to certain types of tests for children’s products.  To qualify for these exemptions you must first be classified as a “small batch manufacturer”.  The amendment identifies a small batch manufacturer as (both criteria must be met to qualify);

  • Sales – Total gross revenue from the prior calendar year (e.g., calendar year 2011 sales would be used to qualify for calendar year 2012) from the sale of all consumer products is $1 million or less
  • Production – Manufacture of no more than 7,500 units of the covered product from the prior calendar year (again like the example above, calendar year 2011 production would be used to qualify for calendar year 2012)

If a manufacturer qualifies based on the above, the next step is to register in The Small Batch Manufacturers Registry and once registered the manufacturer can apply the exemptions to certain types of testing to their products.

Small batch manufacturers will always be required to third party test for compliance certain children’s product safety rules as it applies to their product.  These rules that must be tested for are called Group A (http://www.cpsc.gov/info/toysafety/smallbatch.html).  Small batch manufacturers would not be required to test for other children’s product safety rules call Group B (http://www.cpsc.gov/info/toysafety/smallbatch.html).  It should be noted that even though the small batch manufacturer would not have to test for the safety rules in Group B, they must ensure that their products are in compliance with the underlying children’s product safety rules found in Group B.

Small batch manufacturers are still responsible for issuing a general certificate of conformity (GCC) for their products and must make sure they include their small batch manufacturers number issued by the CPSC to show their exemption from certain testing.

Registration is required every year to prove qualification as a small batch manufacturer and can be done on individual product groups.  For example, a manufacture can register as a small batch manufacturer for Product X (less than $1 million in sales and under 7,500 units produced in once calendar year) but still have Products Y and Z that are above either the sales or units threshold.

An importer can register as a small batch manufacture IF both the importer and the manufacturer of the product meet the sales and production standards of a small batch manufacturer.  For example, an importer that has no more than $1 million in gross revenues qualifies as a small batch manufacturer if it is importing goods from a foreign manufacturer that produces fewer than 7,500 units of a covered product and also has a gross revenue of less than $1 million.  On the other hand, an importer that imports goods from a foreign manufacturer that mass produces goods cannot be considered a small batch manufacturer for that product, even if that importer has less than $1 million in gross revenue and is importing fewer than 7,500 units of a product from that foreign manufacturer.

Some things to consider, as a small batch manufacturer there is some relief from required testing but in return the manufacturer agrees to have their business information made available to the public in a searchable database.  Registered small batch manufacturers will also be notified electronically of any Report of Harm involving their products submitted by consumers through the Safer Products publically available website.

2012 is just days away …. is your company ready? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your testing program and labeling process to make sure it contains all the elements as outlined under 1107 including record keeping. We also can provide services for Sourcing/Project Management testing for any new products you have in development or act as a liaison between you and your factory. Contact us today and see how we can save you money!

Bill Jacoby is the founder / principal at Jacoby Solutions and has developed the CORE Audit™ (Compliance Operations Readiness Engagement Audit), the company’s proprietary approach to business operations compliance readiness. A one-stop shop for manufacturing and distribution companies in need of a solutions partner who can help them evolve their business while keeping an eye on compliance, Jacoby Solutions saves companies time, money and resources while helping them become CPSIA ready.

CPSC Reinforces Children’s Sleepwear and Loungewear Enforcement Policy to Apparel Industry

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CPSC Reinforces Children’s Sleepwear and Loungewear Enforcement Policy to Apparel Industry

Agency standards designed to prevent burn injuries to children

WASHINGTON, Dec. 23, 2011 /PRNewswire-USNewswire/ — In an effort to remind the industry of their obligations associated with children’s sleepwear and loungewear, the U.S. Consumer Product Safety Commission’s (CPSC’s) Director of Compliance and Field Operations sent a letter(pdf) to manufacturers, distributors, importers and retailers today reinforcing CPSC staff’s enforcement policy on children’s sleepwear and loungewear.

Highlights in the letter to industry review the definition of children’s sleepwear including loungewear as a type of children’s sleepwear. The Commission’s regulations define the term “children’s sleepwear” to include any product of wearing apparel (in sizes 0–14), such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping. This definition exempts: (1) diapers and underwear; (2) “infant garments,” sized for a child nine months of age or younger; and (3) “tight-fitting garments” that meet specific maximum dimensions.

In the 1990s, a category of products called “loungewear” was introduced into the children’s market. CPSC staff views children’s “loungewear,” or other similar garments marketed as comfort wear, as garments worn primarily for sleep-related activities. Therefore, “loungewear” must comply with the children’s sleepwear standards.

The letter includes a summary of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requirements for manufacturers and importers of children’s sleepwear sold online or in stores. These requirements include tracking labels, a certificate of compliance and testing requirements for phthalates, lead content and lead in surface coatings on snaps, zipper pulls and elsewhere on the product.

The CPSC is the federal safety agency responsible for the enforcement of the Flammable Fabrics Act (FFA), which includes protecting the public from the hazards of flammable fabrics, interior furnishings and wearing apparel, including children’s sleepwear.

The children’s sleepwear standards were developed to prevent children’s sleepwear from igniting due to exposure to ignition sources, such as matches/lighters, candles, ranges, stoves, space heaters and fireplaces. Most of the ignition incidents occurred while children were wearing sleepwear or sleep-related items during the evening before bedtime or in the morning around breakfast time.

CPSC Hotline: (800) 638-2772
CPSC Media Contact: (301) 504-7908

 

SOURCE U.S. Consumer Product Safety Commission

CPSIA – Managing Your Product Testing Risk in 2012

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manage your risk in 2012

December 22, 2011 by Bill Jacoby

Section 14(a)(2) of the Consumer Product Safety Act (CPSA) requires certification testing for children’s products before they may be imported for consumption, warehousing or distribution into commerce.  Because testing is done prior to the product entering into the marketplace the risk to the manufacturer of a having a nonconforming product in the stream of commerce is low.  At this stage the manufacturer/importer of record can address the deficiency and resubmit the product for certification.  Once a product has entered the marketplace, continuing compliance is demonstrated through “periodic testing” of the product, which specifies a maximum testing interval based on the implementation of a periodic test plan by the manufacturer/importer.

Risk then becomes a factor for the manufacturer/importer as it weighs the possibility of “the potential for serious injury or death resulting from a noncompliant product” with the determination of the appropriate periodic testing interval. The Consumer Product Safety Commission (CPSC) in a recent final ruling indicated that periodic testing should be conducted at a minimum of once per year when using a periodic test plan. The CPSC does make clear in this ruling that manufacturers/importers of record may need to conduct periodic testing more frequently than on an annual basis in order to ensure their products continue to meet the safety regulations that the product was first certified under. They indicate that more frequent testing will help the manufacturer/importer identify noncompliant products faster and as a result, may limit the scope of any potential product recall, reduce the liability for civil penalties and potential damage to the manufacturer/importers reputation.

Managing risk can then be addressed using the mantra “test, test, test” which is managing it from the front end of the product cycle. While substantially reducing risk it can prove to be very expensive and time consuming for the manufacturer/importer. A less costly way of substantially reducing risk is by managing it from the back end at the production level.

Do you have the controls put into place to manage your manufacturers and supply chain to coordinate your testing plan with your compliance policy?

2012 is just days away …. is your company ready? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your testing program and labeling process to make sure it contains all the elements as outlined under 1107 including record keeping. We also can provide services for Sourcing/Project Management testing for any new products you have in development or act as a liaison between you and your factory. Contact us today and see how we can save you money!

Bill Jacoby is the founder / principal at Jacoby Solutions and has developed the CORE Audit™ (Compliance Operations Readiness Engagement Audit), the company’s proprietary approach to business operations compliance readiness. A one-stop shop for manufacturing and distribution companies in need of a solutions partner who can help them evolve their business while keeping an eye on compliance, Jacoby Solutions saves companies time, money and resources while helping them become CPSIA ready.

Three Possible Reasons for 3rd Party Testing

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December 19,2011 by Bill Jacoby

Three different situations that would call for third-party testing under final ruling 16 CFR 1107.

There are three basics instances that would require manufacturers/importers of children’s products to conduct independent third-party testing of their product.

  • “Initial” Third-Party Tests:  Under the Consumer Product Safety Improvement Act of 2008 (CPSIA) there is a requirement that prior to new children’s products being placed into the marketplace they would be tested by an independent third-party for compliance of all safety regulations that would apply to it.  This is generally referred to as “initial” third-party testing.
  • Third-Party Tests for “Material Changes”:  After initial introduction of the product into the marketplace there could occur some changes to the product that might not be noticeable to a consumer but significant enough to affect a product’s ability to comply with all of the applicable safety regulations that it was originally certified under. Under the CPSIA these are called “material changes”.  Some changes might be enough to be noticed by the consumer – a product that was originally made from metal is now made from plastic.  Other changes might be more subtle – the red paint that a product is painted with was sourced from Supplier A is now sourced from Supplier B.  Both cases are classified as “material changes” and under the CPSIA require independent third party testing to show the product still complies with all of the applicable safety regulations.
  • Periodic Third-Party Tests:  The law recognizes that there are children’s products that might not undergo a material change for years.  However it was not the intention of the law to allow those products to continue to enter the marketplace based on a single series of third-party tests done years before.  To ensure compliance the CPSIA requires that children’s products be third-party tested from time-to-time.  This ongoing testing is called “periodic testing”.  The interval between this “periodic testing” can be defined by three methods a manufacturer/importer of record can choose; “periodic test plan”, “production test plan” or “ISO/IEC 17025:2005(E)”.

The gravity of testing and certification of children’s products can be underscored by a recent remark to more than 30 representatives of the toy industry at a recent Capitol Hill meeting with the Consumer Product Safety Commission (CPSC).  Commissioner Nancy Nord acknowledged to the group that the January 1, 2012 enforcement date for CPSIA regulations will bring a change to the industry.  All Stays of Enforcement will have expired and the CPSC will be more diligent in its review of toys at ports of entry and failure to comply with third party testing regulations will result in the holding up of the shipment and fines of up to $100,000.

2012 is weeks away …. is your company ready? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your Testing and Labeling process to make sure it contains all the elements as outlined under 1107 including record keeping. We also can provide services for Sourcing/Project Management testing for any new products you have in development or act as a liaison between you and your factory. Contact us today and see how we can save you money!

ASTM Toy Safety Standard F963-11 Is Issued

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Updates Address Heavy Metals, Compositing, Bath Toy Projections and More

PR Newswire

WEST CONSHOHOCKEN, Pa., Dec. 16, 2011 /PRNewswire/ — As part of its continuing efforts to proactively address potential toy safety issues, ASTM International Committee F15 on Consumer Products has approved revisions to ASTM F963, Consumer Safety Specification for Toy Safety. Changes made to the standard include revisions to the section on heavy metals, the introduction of compositing procedures, and new safety requirements and technical guidance for bath toy projections, acoustics and other potential safety hazards in toys.

ASTM F963, under the jurisdiction of Subcommittee F15.22 on Toy Safety, includes guidelines and test methods to prevent injuries from choking, sharp edges and other potential hazards. The standard is reviewed and updated on a regular basis by the subcommittee, which includes technical experts from academia, consumer groups, industry and government.

“These revisions build on the already comprehensive F963 standard by proactively addressing areas where potential risks or opportunities for harmonization have been identified,” says Joan Lawrence, F15.22 chairman and vice president, standards and government affairs for the Toy Industry Association (TIA).

Revisions now approved for F963 include the following:

  • Heavy Metals — Limits for heavy metals in toy substrates have been added to the existing surface coating requirements. A soluble approach for determination of heavy elements in toys and toy components has been maintained as this has been demonstrated to be more closely correlated than total content with the amount of element which is bioavailable, and therefore with risk of toxicity.
  • Compositing Procedure for Total Heavy Metal Analysis — Revisions outline detailed procedures for accomplishing this end by specifying the conditions under which compositing is allowable, when a composite result may be relied upon without further testing, and when testing of individual samples must subsequently be performed.
  • Bath Toy Projections — Revisions are intended to address the potential hazards that may be presented by vertical, or nearly vertical, rigid projections on bath toys. This requirement is intended to minimize possible puncture or other hazards to the skin that might be caused if a child were to fall on a rigid projection.
  • Among other revised areas of the standard are sections on jaw entrapment; toys with spherical ends; stability of ride on toys; requirements for squeeze toys attached to rings; use of cords, straps and elastics; packaging film; and yo-yo tether balls.

As part of the landmark Consumer Product Safety Improvement Act (CPSIA) of 2008, the U.S. Congress endorsed both the F963 standard and the process under which it is developed and continually reviewed and revised. If the CPSC agrees that the revisions improve safety, ASTM F963-11 will replace the 2008 version of the standard as federal law in 180 days.  For more information about the CPSIA and compliance with this law, visit the CPSC Web site, www.cpsc.gov.

ASTM International standards are available for purchase from Customer Service (phone: 610-832-9585; service@astm.org) or at www.astm.org.

ASTM International welcomes and encourages participation in the development of its standards. ASTM’s open consensus process, using advanced Internet-based standards development tools, ensures worldwide access for all interested individuals. For more information on becoming an ASTM member, please contact Leonard Morrissey, ASTM International (phone: 610-832-9719; lmorriss@astm.org).

For technical Information, contact: Joan Lawrence, Toy Industry Association, New York, N.Y. (phone: 212-675-1141; safety@toyassociation.org).

Follow ASTM Consumer Products news on Twitter @ASTMProductsRec.

Established in 1898, ASTM International is one of the largest international standards development and delivery systems in the world. ASTM International meets the World Trade Organization (WTO) principles for the development of international standards: coherence, consensus, development dimension, effectiveness, impartiality, openness, relevance and transparency. ASTM standards are accepted and used in research and development, product testing, quality systems and commercial transactions around the globe.

View this release on the ASTM Web site at www.astmnewsroom.org.

ASTM PR Contact: Barbara Schindler, Phone: 610-832-9603; bschindl@astm.org

Read more: http://www.digitaljournal.com/pr/526007#ixzz1gixEdGE9

Record Keeping and Labeling Requirements for Children’s Products

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December 9, 2011 by Bill Jacoby

CPSIA Testing, Labeling and Certification – Part 5

In 2012 companies will quickly have to deal with the final ruling issued by the CPSC under 16 CFR 1107 as mandated by the CPSIA Section 102.  In this new ruling the CPSC has outlined standards for manufacturers/importers to show compliance with existing safety rules, bans and standards for the products they produce.  The rule can be broken out into five (5) major areas; the types and frequency of testing, what constitutes a material change in a product, the requirements and procedures and training for an undue influence program,  general recordkeeping requirements and label requirements for products complying with consumer safely rules under the CPSA.

In the fifth and final part of this article we will look at the requirements for manufacturers/importers under the recordkeeping part of the rule.

Recordkeeping

A manufacturer/importer of a children’s product must maintain the following records;

  • a copy of the Children’s Product Certificate (General Certificate of Conformity) for each product.  The description on the certificate must clearly distinguish and define the product so that it is identifiable from others that the manufacturer/importer may have
  • records of each third party certification tests.  The manufacturer/importer must have separate certification tests records for each manufacturing site even for the same product.  The manufacturer/importer cannot assume that units of the same product manufactured in more than one location are identical in all material respects.  Differences in power quality, climate, personnel, and factory equipment could materially affect the manufacture of the product.
  • records of one of the following for periodic tests of a children’s products
    • periodic test plan and periodic test results (every year)
    • production testing plan, production test results and periodic test results (every two years)
    • testing results of tests conducted by a ISO/IEC 17025:2005(E) accredited laboratory and periodic test results (every three years)
    • material change records describing all;
      • product design changes
      • manufacturing process changes
      • sourcing of component part changes
      • certification tests and their values
    • undue influence training records including;
      • training materials
      • training records of all employees trained
      • attestations of these employees for training

Manufacturers/importers must maintain the records specified for five years.  These records must be made available to the CPSC upon request either in hard copy or electronic format, such as through an internet web site.  These records can be maintained in languages other than English if they can be;

  • Provided immediately by the manufacturer/importer to the CPSC
  • Translated accurately into English by the manufacturer/importer within 48 hours of the request by the CPSC (or longer if negotiated with the CPSC staff

Product Labeling

This portion of the ruling outlines the program by which a manufacturer/importer of record may label a consumer product as complying with the certification requirements of section 14 of the CPSA.  The labeling program is not mandatory and can be used at the discretion of the manufacturer/importer who must determine for themselves the cost versus benefit of the program.  The label specifications are designed to avoid giving consumers the false impression that the product is neither a CPSC tested, endorsed or approved product.  It also prohibits manufacturers/importers from implying through the manipulation of the font type, size or other means that the CPSC has tested, endorsed or approved the product.

The label to be printed must be printed in a bold typeface using an Arial font of no less than 12 points, be visible and legible and state:  “Meets CPSC Safety Requirements”  Depending on the product’s characteristics, such as size, surface finish or the presence of a smooth or flat surface, the CPSC has allowed with the Product Labeling rule to give manufacturers/imports flexibility in implementing this rule.  The final rule does not allow for a symbol or a mark to show compliance as it might be misunderstood as a CPSC certification mark or endorsement of the product.  The labeling can appear on the packaging, within the informational literature found with the product, on the product itself or all three.

2012 is weeks away …. is your company ready? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your recordkeeping  and labeling process to make sure it contains all the elements as outlined under 1107 including record keeping. We also can provide services for Sourcing/Project Management testing for any new products you have in development or act as a liaison between you and your factory. Contact us today and see how we can save you money!

Bill Jacoby is the founder principal at Jacoby Solutions and developed the CORE Audit™ (Compliance Operations Readiness Engagement Audit), the company’s proprietary approach to business operations readiness A one-stop shop for manufacturing and distribution companies in need of a solutions partner who can help them evolve their business while keeping an eye on compliance, Jacoby Solutions saves companies time, money and resources while helping them become CPSIA ready.

Undue Influence – Establishing Your Company’s Policy

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December 8, 2011 by Bill Jacoby

CPSIA Testing, Labeling and Certification – Part 4

In 2012 companies will quickly have to deal with the final ruling issued by the CPSC under 16 CFR 1107 as mandated by the CPSIA Section 102.  In this new ruling the CPSC has outlined standards for manufacturers/importers to show compliance with existing safety rules, bans and standards for the products they produce.  The rule can be broken out into five (5) major areas; the types and frequency of testing, what constitutes a material change in a product, the requirements and procedures and training for an undue influence program,  general recordkeeping requirements and label requirements for products complying with consumer safely rules under the CPSA.

In the fourth part of this article we will look at the requirements for manufacturers/importers under the Undue Influence part of the rule.

Undue Influence

Each domestic manufacturer or the importer of a children’s product must establish procedures to safeguard against the exercise of undue influence on a CPSC accredited laboratory that could undermine the integrity of laboratory test data.  While the importer is not directly responsible for the training of employees of foreign manufacturers on this matter, it does not absolve the importer of its duty to exercise due care when relying on test reports provided by the manufacturer from a CPSC accredited laboratory.  The importer who issues a General Certificate of Conformity on a product that is based on test reports from a CPSC accredited laboratory over whom undue influence has been exercised provides a basis for the CPSC to deem the certificate invalid.  The CPSC will hold the final product certifier (manufacturer/importer) responsible for exercising due care that component part or finished product manufacturers or suppliers have not exercised undue influence over CPSC certified laboratories.

At a minimum these procedures must include;

  • Training for every appropriate staff member on the safeguards by the manufacturer/importer designed to prevent undue influence on CPSC accredited laboratories along with a signed training statement from each staff member
  • Written policy statement from company officials that the exercise of undue influence is not acceptable
  • Procedure for retraining based on any substantive changes to § 1107.24
  • Procedure to notify the CPSC immediately of any attempt by the manufacturer/importer to hide or exert undue influence over test results
  • Procedure/mechanism for employees of the manufacturer/importer to report confidentially to the CPSC any allegations of undue influence

2012 is weeks away …. is your company ready? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your company policies and include an Undue Influence component to make sure it contains all the elements as outlined under 1107 including record keeping. We also can provide services for Sourcing/Project Management testing for any new products you have in development or act as a liaison between you and your factory. Contact us today and see how we can save you money!

Bill Jacoby is the founder principal at Jacoby Solutions and developed the CORE Audit™ (Compliance Operations Readiness Engagement Audit), the company’s proprietary approach to business operations readiness A one-stop shop for manufacturing and distribution companies in need of a solutions partner who can help them evolve their business while keeping an eye on compliance, Jacoby Solutions saves companies time, money and resources while helping them become CPSIA ready.

Defining a Material Change after Product Certification

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December 7,2011 by Bill Jacoby

CPSIA Testing, Labeling and Certification – Part 3 Material Change

In 2012 companies will quickly have to deal with the final ruling issued by the CPSC under 16 CFR 1107 as mandated by the CPSIA Section 102.  In this new ruling the CPSC has outlined standards for manufacturers/importers to show compliance with existing safety rules, bans and standards for the products they produce.  The rule can be broken out into five (5) major areas; the types and frequency of testing, what constitutes a material change in a product, the requirements and procedures and training for an undue influence program,  general recordkeeping requirements and label requirements for products complying with consumer safely rules under the CPSA.

In the third part of this article we will look at the requirements for manufacturers/importers under the Material Change part of the rule.

Material Change

After the initial certification of a product, a “material change” in the product is a change that “could affect the product’s ability to comply with applicable rules, standards or regulations.”  This could occur based on a change in product design, manufacturing process or the sourcing of component parts where the manufacturer/importer knows or should know could affect the products ability to comply with all applicable children’s product safety rules.  At this point the manufacturer/importer must submit sufficient samples of the product to a CPSC accredited laboratory to test for compliance.

A manufacturer/importer whose product has undergone a material change cannot issue a new Children’s Product Certificate until  this testing is done.  Changes that cause a children’s product safety rule to no longer apply to a children’s product are not considered material changes.  The extent of testing needed depends on the extent of the material change.

For example, if the children’s product was a cotton sweater with metal buttons that were certified under the lead limits of Section 101 of the CPSIA and were changed to wooden buttons would this be classified as a material change?  Yes and No, changing to wooden buttons would eliminate the need to show continued compliance for lead limits under Section 101 of the CPSIA as natural wood is exempt from lead testing.  However for other children’s product safety rules, such as small parts the change may be a material change.

The three major categories of material change are;

  • product design, which includes all component parts , their composition, and their interaction and functionality when assembled.  The manufacturer/importer should evaluate the product as received or assembled by the consumer when examining product design
  • manufacturing process, is a change in how the children’s product is made which could affect the finished products ability to comply with the applicable safety rules.  For each change in the manufacturing process, the manufacture/importer should carefully evaluate the product to ensure it still meets all applicable safety rules or if the change results in new rules being applied to it.
  • sourcing of component parts, is a change that results when the replacement of one component part of a product with another component part that could affect compliance.  This includes, but is not limited to, changes in composition, part supplier, or the use of a different component part from the same supplier who provided the initial component part.

For a domestic manufacturer, there would be a special knowledge of its production design, components and, production processes not found with importers of record using foreign manufacturers.  For example, a domestic manufacturer would know whether a new solvent contains any of the prohibited chemicals such as lead and phthalates, or a replacement mold is made from the same specifications as the previously compliant mold.  Such changes would not be examples of “material change” and unless the importer of record has a very close working relationship with the foreign manufacturer, would not know.

2012 is weeks away …. is your company ready? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your testing process to make sure it contains all the elements as outlined under 1107 including record keeping. We also can provide services for Sourcing/Project Management  testing for any new products you have in development or act as a liaison between you and your factory. Contact us today and see how we can save you money!

Bill Jacoby is the founder principal at Jacoby Solutions and developed the CORE Audit™ (Compliance Operations Readiness Engagement Audit), the company’s proprietary approach to business operations readiness A one-stop shop for manufacturing and distribution companies in need of a solutions partner who can help them evolve their business while keeping an eye on compliance, Jacoby Solutions saves companies time, money and resources while helping them become CPSIA ready.