Record Keeping and Labeling Requirements for Children’s Products

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.