CPSC Seeks Comments on CPSIA August 14, 2009 "Tracking Label" Requirement for Children's Products (Many Products to be Affected)
The Consumer Product Safety Commission has posted a notice seeking comments and information on the Consumer Product Safety Improvement Act of 2008 (CPSIA1) "tracking label" requirement, which takes effect for children's products manufactured after August 14, 2009.
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Comments are due 60 days after its publication in the February 26, 2009 Federal Register.
(Effective August 14, 2009, manufacturers of children's products must place permanent distinguishing "marks" on such products and their packaging, to the extent practicable, that would enable the manufacturer and ultimate purchaser to ascertain the (i) manufacturer or private labeler; (ii) location and date of production; (iii) cohort information (including batch, run number, or other identifying characteristic); (iv) etc.
CPSC has stated that this requirement is intended to assist in the event of a recall (e.g. by helping consumers identify the specific children's product being recalled; helping companies only recall or destroy the affected products; etc.)
Tracking Label Requirement is Broad in Scope, Includes Clothing, Shoes, Etc.
CPSC has previously stated that the scope of the tracking label requirement is quite broad in that it applies to all children's products (for children 12 and younger)2, including, but not limited to, items such as clothing or shoes, not just toys and other regulated products.
Comments Sought on What is Practicable, on Standardized Nomenclature, Etc.
Given the spectrum of options available to CPSC to implement the tracking label requirement for children's products, it is interested in comments and information on:
(1) The conditions and circumstances that should be considered in determining whether it is practicable to have tracking labels on children's products and the extent to which different factors apply to including labels on packaging.
(2) How permitting manufacturers and private labelers to comply with labeling requirements with or without standardized nomenclature, appearance, and arrangement of information would affect: (i) manufacturers' ability to ascertain the location and date of production of the product; and (ii) other business considerations relevant to tracking label policy.
(3) How consumers' ability to identify recalled items would be affected by permitting manufacturers and private labelers to comply with labeling requirements with or without standardized nomenclature, appearance, and arrangement of information.
(4) How, and to what extent, the tracking information should be presented with some information in English or other languages, or whether presentation should be without the use of language (e.g., by alpha-numeric code with a reference key available to the public).
(5) Whether there would be a substantial benefit to consumers if products were to contain tracking information in electronically readable form (to include optical data and other forms requiring supplemental technology), and if so, in which cases this would be most beneficial and in which electronic form.
(6) In cases where the product is privately labeled, by what means the manufacturer information should be made available by the seller to a consumer upon request (e.g., electronically via Internet, or toll-free number, or at point of sale).
(7) The amount of lead time needed to comply with marking requirements if the format is prescribed.
(8) Whether successful models for adequate tracking labels already exist in other jurisdictions.
CPSC Aware of Potential Interest in Uniform Approach With Other Jurisdictions
CPSC states that it understands that other jurisdictions plan to request comments on tracking label policy in the near future and that CPSC is aware of the potential public interest in implementing a tracking label approach in close consultation with other national and regional jurisdictions.
According to CPSC, it intends to draw from responses to this request for comments in its discussions on tracking label policy with other national and regional regulators.
(Note that the CPSIA also allows CPSC, by rule, to require the use of tracking labels on any consumer product.)
1Enacted as Public Law 110-314 on August 14, 2008.
2"Children's products" under the CPSIA are consumer products designed or intended primarily for children 12 years old or younger. In determining whether a consumer product is primarily designed or intended for such children, the CPSIA outlines certain factors to be considered, including a statement by the manufacturer about the intended use of the product, etc.
(See ITT's Online Archives or 09/15/08 news, 08091515, for BP summary of CPSIA tracking label requirements.)
- comments due 60 days after publication in the Federal Register
CPSC contact - John "Gib" Mullan (301) 504-7626
CPSC unpublished but approved notice available at http://www.cpsc.gov/about/cpsia/trackinglabels.pdf
CPSC summary of CPSIA tracking label requirement available at http://www.cpsc.gov/about/cpsia/summaries/103brief.html
CPSC website on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html