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Consumer Product Safety CertificationConsumer Product Safety CertificationIOM Workshop on CertificationIOM Workshop on Certification
April 13, 2010April 13, 2010
This presentation has not been reviewed or approved by the Commission and may not reflect its views
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What Products Must Be Certified?What Products Must Be Certified?
nn BeforeBefore August 2008, certification was required August 2008, certification was required only for only for consumer productsconsumer products subject to subject to standardsstandards promulgated by the Commission promulgated by the Commission under the under the Consumer Product Safety ActConsumer Product Safety Act..
nn The 2008 Consumer Product Safety Improvement The 2008 Consumer Product Safety Improvement Act (Act (CPSIACPSIA) expanded the certification ) expanded the certification requirement to requirement to allall products subject to bans as products subject to bans as well as standards under the CPSA, or to any well as standards under the CPSA, or to any ““similar rule, ban, standard, or regulationsimilar rule, ban, standard, or regulationunder any other Actunder any other Act”” enforced by CPSC.enforced by CPSC.
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What Types of Rules Are Covered?What Types of Rules Are Covered?nn CPSA standards and bans:CPSA standards and bans:nn For example, the lead paint ban, 16 C.F.R. part 1303For example, the lead paint ban, 16 C.F.R. part 1303nn The toy standard (previously voluntary, made The toy standard (previously voluntary, made
mandatory 2/10/2009)mandatory 2/10/2009)nn FHSA bans and requirements FHSA bans and requirements nn The ban on The ban on ““small partssmall parts””nn Lead content limits as of 2/10/2009Lead content limits as of 2/10/2009
nn FFA flammability standardsFFA flammability standardsnn PPPA PPPA ““special packagingspecial packaging”” standardsstandardsnn ASME drain cover standards and ASTM portable ASME drain cover standards and ASTM portable
gasoline container standards made mandatorygasoline container standards made mandatory
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WhoWho Must Certify?Must Certify?
nn Section 14 requires certification by Section 14 requires certification by ““everyeverymanufacturermanufacturer”” and and ““every private labelerevery private labeler”” of of a product that is subject to a covered rule a product that is subject to a covered rule andandwhich is which is ““imported for consumption or imported for consumption or warehousingwarehousing”” or or ““distributed in commercedistributed in commerce””
nn The Consumer Product Safety Act defines the The Consumer Product Safety Act defines the term term ““manufacturermanufacturer”” to include to include bothboth a a manufacturermanufacturer and an and an importerimporter
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Limits on MultiLimits on Multi--Party CertificationParty Certificationnn Where there is more than one manufacturer or Where there is more than one manufacturer or
private labeler of a product, the law allows the private labeler of a product, the law allows the Commission, by rule, to assign the responsibility Commission, by rule, to assign the responsibility for certification to one (or more) of these entities for certification to one (or more) of these entities and to exempt all othersand to exempt all others
nn In November 2008, the Commission In November 2008, the Commission exempted exempted foreign manufacturers and all private labelersforeign manufacturers and all private labelersfrom responsibility for certification; therefore:from responsibility for certification; therefore:nn Products made in US: the manufacturer must certifyProducts made in US: the manufacturer must certifynn Products made elsewhere: the importer must certifyProducts made elsewhere: the importer must certify
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What Testing Is RequiredWhat Testing Is RequiredAs a Basis for Certification?As a Basis for Certification?
nn Generally, certification must be based on a test of Generally, certification must be based on a test of each product or a each product or a ““reasonable testing programreasonable testing program””defined by the manufacturerdefined by the manufacturer
nn The Commission may The Commission may prescribeprescribe a a ““reasonable reasonable testing programtesting program”” for a class of productsfor a class of products
nn CPSIA authorizes CPSC by rule to require that CPSIA authorizes CPSC by rule to require that testing be done by an independent third partytesting be done by an independent third party
nn For For childrenchildren’’s productss products, Congress set a schedule , Congress set a schedule under which under which allall certification must eventually be certification must eventually be based on based on thirdthird--partyparty testingtesting
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What Is a ChildrenWhat Is a Children’’s Product?s Product?
nn The term The term ““childrenchildren’’s products product”” is defined as a is defined as a consumer productconsumer product designed or intended designed or intended primarilyprimarily for for children children 12 years12 years of age or younger.of age or younger.
nn In deciding what is a childrenIn deciding what is a children’’s product, CPSC s product, CPSC mustmustconsider: (1) what the manufacturer says consider: (1) what the manufacturer says ““if if reasonablereasonable””; (2) whether the product is represented as ; (2) whether the product is represented as appropriate for children under 13 in its packaging, appropriate for children under 13 in its packaging, advertising, etc.; (3) whether the product is advertising, etc.; (3) whether the product is ““commonly commonly recognizedrecognized”” as intended for children under 13; and (4) as intended for children under 13; and (4) the CPSCthe CPSC’’s own Age Determination Guideliness own Age Determination Guidelines
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ThirdThird--Party TestingParty Testing
nn For For ““childrenchildren’’s products,s products,”” as defined by CPSIA, as defined by CPSIA, certification will eventually have to be based on certification will eventually have to be based on testing by an accredited, thirdtesting by an accredited, third--party laboratoryparty laboratory
nn Note: 3PT Note: 3PT notnot thirdthird--party certificationparty certificationnn The requirement for thirdThe requirement for third--party testing is party testing is
triggered by the Commissiontriggered by the Commission’’s issuance of s issuance of requirements for the accreditation of requirements for the accreditation of laboratories to test to a particular standardlaboratories to test to a particular standard
AccreditationAccreditation
nn The law requires the Commission to establish The law requires the Commission to establish requirements for requirements for accreditationaccreditation of third party of third party conformity assessment bodies in the case of conformity assessment bodies in the case of each rule applicable to childreneach rule applicable to children’’s product.s product.
nn The Commission may choose either to accredit The Commission may choose either to accredit the conformity assessment bodies itself or to the conformity assessment bodies itself or to designate an independent accreditation designate an independent accreditation organization. organization.
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Baseline Accreditation RequirementsBaseline Accreditation Requirementsnn To date, the Commission has followed the same To date, the Commission has followed the same
approach to accreditation for each standard:approach to accreditation for each standard:nn Labs must be accredited by an accreditation body Labs must be accredited by an accreditation body
that is a signatory to the International Laboratory that is a signatory to the International Laboratory Accreditation CooperationAccreditation Cooperation——Mutual Recognition Mutual Recognition Arrangement Arrangement ((““ILACILAC--MRAMRA””))
nn Accreditation must beAccreditation must be to ISO Standard ISO/IEC to ISO Standard ISO/IEC 1702517025:2005 :2005 ““General Requirements for the General Requirements for the Competence of Testing and Calibration Competence of Testing and Calibration LaboratoriesLaboratories”” and the and the scopescope of the accreditation of the accreditation must expressly include the appropriate CPSC must expressly include the appropriate CPSC standard, ban or test method.standard, ban or test method.
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Special Accreditation Special Accreditation RequirementsRequirements
nn Additional accreditation requirements apply in Additional accreditation requirements apply in the case of the case of proprietaryproprietary laboratories and laboratories and governmentgovernment laboratorieslaboratories
nn Proprietary laboratories must be Proprietary laboratories must be ““firewalledfirewalled””and establish special procedures for ensuring and establish special procedures for ensuring independence of affiliated manufacturing firmsindependence of affiliated manufacturing firms
nn Laboratories that are owned or controlled by a Laboratories that are owned or controlled by a government may qualify if they are free of undue government may qualify if they are free of undue influence and are not given unfair advantages.influence and are not given unfair advantages.
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CPSC Recognized Labs CPSC Recognized Labs
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Fee StructureFee Structure
nn CPSC does not charge a fee for any of its CPSC does not charge a fee for any of its activities relating to certificationactivities relating to certification
nn Testing fees are set by the individual laboratories Testing fees are set by the individual laboratories and are not regulated by the CPSCand are not regulated by the CPSC
nn Many factors can affect fees: the complexity of Many factors can affect fees: the complexity of the product and the standard, the volume of the product and the standard, the volume of testing for a particular entitytesting for a particular entity
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Continuing ValidityContinuing Validity
nn The law specifies that a certificate applies only The law specifies that a certificate applies only to a product that is to a product that is ““identical in all material identical in all material respectsrespects”” to the product that was tested.to the product that was tested.
nn The law also requires the Commission to The law also requires the Commission to establish requirements for establish requirements for periodicperiodic testingtestingnn Commission staff has proposed Commission staff has proposed annualannual testing testing
except that production testing would not be required except that production testing would not be required until until 10,000 units10,000 units have been produced since the have been produced since the initial or subsequent test.initial or subsequent test.
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Availability of CertificatesAvailability of Certificates
nn Certificates must Certificates must ““accompanyaccompany”” each product or each product or shipment of products covered by the same shipment of products covered by the same certificatecertificate
nn A copy of the certificate must be A copy of the certificate must be ““furnishedfurnished to to each distributor or retailer of the producteach distributor or retailer of the product”” (no (no requirement to provide to ultimate consumer)requirement to provide to ultimate consumer)
nn A copy of the certificate must be made available A copy of the certificate must be made available to the Commission and Customs to the Commission and Customs upon requestupon request
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Electronic CertificatesElectronic Certificates
nn The Commission by rule has confirmed that The Commission by rule has confirmed that certificates in electronic form can accompany a certificates in electronic form can accompany a product and be furnished to retailersproduct and be furnished to retailers
nn Key requirements:Key requirements:nn Certificate must be created no later than the time of Certificate must be created no later than the time of
shipment to US or first distribution within USshipment to US or first distribution within USnn The certificate must be The certificate must be reasonably accessiblereasonably accessible from from
information on the product or accompanying the information on the product or accompanying the shipment; can be transmitted with Customs docsshipment; can be transmitted with Customs docs
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Certification ViolationsCertification Violationsnn CPSA Section 19(a)(6) makes it unlawful for any CPSA Section 19(a)(6) makes it unlawful for any
person either:person either:nn to to fail to furnishfail to furnish a certificate required by a certificate required by
section 14; orsection 14; ornn to to issue a false certificateissue a false certificate if the issuer in if the issuer in
exercise of due care has reason to know it is exercise of due care has reason to know it is false or misleading in any material respectfalse or misleading in any material respect
nn Knowing violations of section 19 are subject to Knowing violations of section 19 are subject to civil penalties; knowing and willful violations civil penalties; knowing and willful violations could lead to imprisonmentcould lead to imprisonment
Lead Paint Recalls and Port StopsLead Paint Recalls and Port Stops(FY 2007 through FY 2009)(FY 2007 through FY 2009)
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Thank YouThank You
Office of Compliance & Field OperationsOffice of Compliance & Field Operations
Gib Mullan, DirectorGib Mullan, [email protected]@cpsc.gov
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Content of CertificatesContent of Certificatesnn Certificates must: Certificates must: nn identify the party issuing the certificate and any third identify the party issuing the certificate and any third
party on whose testing the certificate depends, by party on whose testing the certificate depends, by name, address and phone numbername, address and phone numbernn Note: Note: notnot required to name a foreign manufacturer unless required to name a foreign manufacturer unless
they voluntarily choose to certify a component they voluntarily choose to certify a component
nn specify each applicable standard, ban, etc. specify each applicable standard, ban, etc. nn spell out the date and place where the product was spell out the date and place where the product was
manufactured and date and place of testingmanufactured and date and place of testingnn show contact information for person maintaining show contact information for person maintaining
test recordstest records
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Certification vs. ComplianceCertification vs. Compliance
nn Certification Certification never exemptsnever exempts any product from any product from the requirement to comply with an applicable the requirement to comply with an applicable rule, standard, ban or regulation. rule, standard, ban or regulation.
nn Manufacturers (including importers), distributors Manufacturers (including importers), distributors and retailers must report to the CPSC and retailers must report to the CPSC immediately if they learn that one of their immediately if they learn that one of their products fails to comply with an applicable ruleproducts fails to comply with an applicable rule
nn A person holding a certificate of compliance A person holding a certificate of compliance may have a defense in a nonmay have a defense in a non--compliance casecompliance case
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Schedule for Certification of ChildrenSchedule for Certification of Children’’s s Products Based on ThirdProducts Based on Third--Party TestingParty Testing
nn Lead paint ban = childrenLead paint ban = children’’s products bearing paint or s products bearing paint or similar surface coating, manufactured after 12/21/08similar surface coating, manufactured after 12/21/08
nn Crib standards = fullCrib standards = full--size and non fullsize and non full--size cribs size cribs manufactured after 1/20/09manufactured after 1/20/09
nn Pacifier standard = articles manufactured after 1/20/09Pacifier standard = articles manufactured after 1/20/09nn Small parts ban = products age graded for children Small parts ban = products age graded for children
under 36 months and manufactured after 2/15/09under 36 months and manufactured after 2/15/09nn Lead content limits = metal portions of childrenLead content limits = metal portions of children’’s s
jewelry manufactured after 3/22/09jewelry manufactured after 3/22/09
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Are Are AllAll Imports Covered?Imports Covered?
nn Certification is required for products that are Certification is required for products that are ““imported for consumption or warehousingimported for consumption or warehousing””
nn This may not include certain products that are This may not include certain products that are imported for testing, for trade show displays or imported for testing, for trade show displays or for refor re--exportexport
nn The certification requirement would apply, The certification requirement would apply, however, if any of these products is later however, if any of these products is later introduced into US commerceintroduced into US commerce
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WhenWhen Is Certification Required?Is Certification Required?nn The amendments to section 14 became effective The amendments to section 14 became effective
November 12, 2008November 12, 2008nn Products that were already imported or Products that were already imported or
distributed in commerce by that date need not be distributed in commerce by that date need not be certified (unless covered under prior law)certified (unless covered under prior law)
nn Certification is required for products that are Certification is required for products that are manufactured after November 12, 2008manufactured after November 12, 2008 or, in or, in the case of standards taking effect later, for the case of standards taking effect later, for products manufactured after the effective dateproducts manufactured after the effective date
nn Commission has stayed enforcement of the Commission has stayed enforcement of the certification requirement in several casescertification requirement in several cases
