NOTE that if you are a registered small batch manufacturer with the U.S. Consumer Product Safety Commission (CPSC) for calendar year 2013 and you wish to continue in this status, you must register again for calendar year 2014. Registration must be submitted annually. On or about December 1st, 2013, the CPSC will release instructions on how to renew your registration.
If you qualify and if you are a manufacturer of children’s products and produce in small batches, it is critical that you register for a small batch exemption if your sales are less than 1 million dollars from the previous calendar year or you have manufactured less than 7,500 qualifying (children’s products) units. See the CPSC website for details relating to your product.
If you are a new company and new to this subject matter, you may have this question. Are small batch manufacturers currently required to third party test their children’s products in order to certify compliance to applicable regulations?
It depends on the children’s product and the materials used to manufacture that children’s product.
Small batch manufacturers must always third party test for the following children’s product safety rules (Group A):
- Lead-in-paint and other surface coatings, 16 CFR §1303;
- Full-size cribs and non-full-size cribs, 16 CFR §§1219 and §1220 (pdf);
- Pacifiers, 16 CFR §1511;
- Small parts for children under 3 years of age, 16 CFR §1501;
- Children’s metal jewelry, Sec. 101(b) of the CPSIA, as amended by P.L. 112-28; 15 USC 1278a(b)(7) (pdf);
- Baby bouncers, walkers, and jumpers, 16 CFR §1500.18(a)(6) and 16 CFR §1500.86(a);
- Infant Bath Seats, 16 CFR §1215
- Infant Walkers, 16 CFR §1216 (pdf);
- Toddler Beds, 16 CFR §1217 (pdf);
- Other durable infant or toddler products, as additional children’s product safety rules are enacted, 15 U.S.C. 2056a(f), Sec. 104 of the CPSIA.
Qualifying small batch manufacturers are NOT required to third party test for compliance with certain other children’s product safety rules. Note, however, that all manufacturers, even those that are small batch manufacturers, must ensure that their children’s products are in compliance with the underlying children’s product safety rules in Group B and issue a general certificate of conformity (GCC)
Qualifying small batch manufacturers registered with the Commission are NOT required to third party test for the following children’s product safety rules (Group B):
- ASTM F963-11 Toy Safety Standard;
- Total Lead Content in Children’s Products, Sec. 101 of the CPSIA;
- Ban on certain phthalates in children’s toys and certain child care articles, Sec. 108 of the CPSIA;
- Bicycle helmets, 16 CFR §1203;
- Bunk beds, 16 CFR §1213 and 1513;
- Rattles, 16 CFR §1510;
- Dive sticks, 16 CFR §1500.86;
- Bicycles, 16 CFR §1512;
- Carpets and rugs, 16 CFR §1630 and §1631;
- Vinyl plastic film, 16 CFR §1611;
- Wearing apparel, 16 CFR §1610;
- Clacker balls, 16 CFR §1500.86;
- Children’s sleepwear, 16 CFR §1615 and §1616;
- Electronically operated toys, 16 CFR §1505;
- ATVs, 16 CFR. §1420; and
- Mattresses, 16 CFR §1632.
With respect to Group B, qualifying small batch manufacturers will need to ensure that the products comply with those regulations and issue a general certificate of conformity (GCC).
As a qualifying small batch manufacturer, you will need to register with the CPSC on an annual basis. You can visit the CPSC page for more information. Ignorance of the law is no excuse so please register today.