CPSC Compliance and Testing/Certification Timetable for CPSIA Children's Products

While the guide is geared to the entities listed in the title, it contains information relevant to importers and manufacturers of children's products in general, such as the information on certain CPSIA compliance, testing (including third party testing), and certification requirements. (See today's ITT, 09022425, for BP summary of the guide's information for retailers and resellers. See ITT's Online Archives or 02/12/09, 09021299 4, for BP summary of CPSC posting the guide.)

Timetable for Certain CPSIA Compliance, Testing/Certification for Children's Products

CPSC includes a timetable for certain CPSIA compliance, testing (or third party testing) and certification for children's products in its guide. The timetable reflects CPSC's recently announced one year stay of enforcement until February 10, 2010 for certain CPSIA testing and certification by domestic manufacturers and importers (See BP Note on stay details):

*Domestic manufacturers and importers must already use CPSC-accredited third-party labs to test their children's products subject to these children's product safety rules and certify, on the basis of that testing, compliance with those rules.

(The one year stay also provides relief from CPSIA's expanded general conformity certification requirements which went into effect for products manufactured on or after November 12, 2008. This requirement is not specific to children's products. According to CPSC, enforcement of this requirement will also resume on February 10, 2010 and CPSC will issue further guidance on the topic prior to that date.)

Manufacturers and Importers Must Be Aware of Current Requirements, Prepare for Future Ones

CPSC states that manufacturers (and importers) must be aware of all the standards and testing and certification requirements of the law and take appropriate steps to ensure that they meet not only the current requirements, but also are preparing themselves and their products to meet future requirements.

Testing and certification dates. Testing and certification dates can differ among CPSIA requirements. For example, CPSC states that children's products that are painted are subject to both lead paint and lead content limits, though at this time, testing (and certification) is only required for lead paint.

Product compliance dates. How compliance dates are interpreted can also differ by requirement. For example, for the mandatory toy standard, CPSC has previously determined that the requirements of the toy standard only apply to products manufactured after its effective date of February 10, 2009.

However, for the lead content and phthalate limits, CPSC has previously determined that these limits apply not only to products manufactured after the effective dates, but also to products manufactured earlier that are sold from inventory or on store shelves. (See ITT's Online Archives or 11/24/08 and 02/10/09 news, 08112405 and 09021010, for BP summaries of CPSC advisory opinion and response to court ruling on retroactive application of these limits to inventory.)

Testing products in inventory.CPSC states that testing (including third party testing) and certification are not required for children's products already in inventory that are covered by the new lead content limits, phthalate limits, and the toy standard. (However, as products sold from inventory must comply with the lead content limits, testing may be necessary as a practical matter.)

¹Enacted as Public Law 110-314 on August 14, 2008.

²CPSC has previously stated that third-party testing/certification is required for metal components of children's metal jewelry for products manufactured after March 23, 2009, not March 20, 2009.

(See ITT's Online Archives or 02/18/09 and 02/10/09 news, 09021815 and 09021005, for BP summaries of CPSC draft guidance on phthalates and enforcement policy for lead content, respectively.)

Guide to the CPSIA for Small Businesses, Resellers, Crafters, and Charities (dated 02/10/09) available at http://www.cpsc.gov/about/cpsia/smbus/cpsiasbguide.pdf

CPSC website on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html

BP Note

CPSC recently granted a one year stay of enforcement of certain CPSIA testing and certification requirements from February 10, 2009 to February 10, 2010. During this time, products must still comply with underlying standards, bans, etc., but testing and certification to demonstrate that compliance is not required for:

lead content in children's products (except in children's metal jewelry);

phthalates bans in children's products;

compliance with the ASTM F-963 toy standard;

baby bouncers, and "all other" children's product safety rules; and

general conformity certificates that were required for all products subject to any CPSC-enforced rule, standard, ban, etc. manufactured after November 12, 2008.

However, CPSIA testing and certification was not stayed (i.e. is still required) for:

ban on lead in paint and similar surface coatings for children's products (for products manufactured after December 21, 2008;

full-size and non-full size cribs and pacifiers (for products manufactured after January 20, 2009);

small parts for children's products (for products manufactured after February 15, 2009); and

metal components of children's metal jewelry (for products manufactured after March 23, 2009);

ATV certification; etc.

(See ITT's Online Archives or 02/06/09 news, 09020610, for complete details of the stay and its exceptions.)