CPSIA – Managing Your Product Testing 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.