CPSC to Hold Public Workshop to Discuss Certain Options for CPSIA Testing and Certification

Written comments will also be accepted on these options and issues, and are due by January 11, 2010.

Online Registration Required to Attend

The free two-day workshop will be held in Bethesda, Maryland on December 10 and 11, 2009, from 9:30 am to 4 pm each day. Persons interested in attending must register online at http://www.cpsc.gov and click on the link titled "CPSC Staff Workshop: Product Testing" under the "What's Hot" portion of the website, near the bottom of the CPSC's home page. This link also has more information about the workshop.

Live Webcast Available

A live webcast of the meeting can be viewed at www.cpsc.gov/webcast/index.html. No registration is necessary to view the live webcast.

Workshop to Include Break-Out Sessions on Certain Topics

During the workshop, CPSC will provide an overview of the CPSIA and conduct break-out sessions on the following topics (See notice for a detailed explanation and the CPSC's questions for each):

reasonable testing programs,

additional third party testing for children's products²,

issues affecting importers and small business

the consumer product labeling program, and

certification

CPSC Considering Role of "Reasonable Testing Program"

CPSC is considering applying the CPSA's "reasonable testing program" approach - that currently applies to non-children's products - to children's products (see note below).

CPSC states that Section 14(a) and (b) of the CPSA as amended by CPSIA authorizes the Commission to prescribe reasonable testing programs for any product subject to a consumer product safety rule under the CPSA or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission, and for which a certificate is required. Thus, the CPSC states that it could prescribe a "reasonable testing program" for both non-children's products and children's products.

Note: The CPSC has recently emphasized that a "reasonable testing program" approach for children's products would likely be used in the context of the "additional testing" requirement outlined below.

"Reasonable Testing Programs" Could Have Five Elements

CPSC envisions that all "reasonable testing programs" would have the following five elements, regardless of the quantity of product manufactured or the size of the importer or manufacturer:

Product specifications that describe the consumer product and list the safety rules, standards, etc., with which the product must comply;

Certification tests that are performed on samples of the manufacturer's consumer product to demonstrate that the product is capable of passing the tests prescribed by the standard;

Production testing plan which describes the tests that must be performed, and the testing intervals to provide reasonable assurance that the products as produced meet all applicable safety rules;

Remedial action plan which must be employed whenever samples of the consumer product or results from any other tests used to assess compliance yield unacceptable or failing test results; and

Documentation of the reasonable testing program and how it was implemented.

"Additional Testing" for Children's Products

In its notice, CPSC also discusses additional third party testing requirements for children's products and the CPSIA requirement that CPSC establish protocols and standards for ensuring that products subject to a children's product safety rule are subject to:

1. periodic testing, and
2. when there has been a material change in the product's design or manufacturing process, including the sourcing of the components.

Importers That Source from Manufacturers Not Under Their Control

CPSC is considering issues regarding importers that acquire their product from many sources, including manufacturing operations under their control and contract manufacturers or foreign wholesalers that are not under their control, noting that if an importer is not directly involved in the manufacturing process, its ability to monitor and control the manufacturing process may be limited.

Among other things, CPSC is considering how an importer involved with a contract manager might ensure testing is conducted when the sources of a component part change.

Consumer Product Labeling to Indicate Compliance

CPSC is also considering various issues relating to a CPSIA program for labeling a consumer product as complying with the certification requirements. The CPSC believes that only the party certifying the product's compliance, or its authorized representative, may affix the label to the consumer product. CPSC also believes that the label should be affixed before the consumer product is placed on the market and should be affixed to the product packaging or, if there is no packaging, to the product or on a tag or other material included with the product.

Electronic and Foreign Manufacturer Certification

CPSC is considering the requirement that certification accompany the product or shipment of products covered by the same certificate, and that a copy of the certification should be furnished to each distributor or retailer. CPSC is examining whether foreign manufacturers³ should be required to issue a certificate, what if any changes are needed regarding electronic certificates, etc.

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 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, whether the product is represented in its packaging as such a product, etc.

³In November 2008, CPSC issued a final rule limiting the CPSIA certification requirement to domestic manufacturers (in the case of domestic products) or importers (in the case of imports), at least in the initial implementation phase. The original CPSIA requirement was for manufacturers (which by statute includes importers) and private labelers. (See ITT's Online Archives or 11/13/08 news, 08111305, for BP summary.) Note that CPSC stated in October 2009 that it is still working to define who should ultimately be responsible for CPSIA testing and certification.

(See ITT's Online Archives or 11/09/09 and 11/11/09 news 09110915 and 09111115, for BP summaries of a comprehensive draft guidance document on CPSIA testing and certification.

See ITT's Online Archives or 11/03/09 news, 09110305, for BP summary of CPSC's consideration of this workshop.)

CPSC contact: Robert J. Howell (301) 504-7577 or e-mail: rhowell@cpsc.gov

CPSC notice FR Pub 11/13/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-27328.pdf