CPSC Grants Certain 3rd Party Test Relief to Registered Small Batch Mnfrs

(Generally, all children's products must be third party tested and certified as compliant with all applicable children's product safety rules. However, Public Law 112-28, recently amended CPSC's requirements by allowing it to establish alternative testing requirements for small batch manufacturers, or if alternatives are unavailable or economically impracticable, an exemption from certain of the third party testing requirements. See ITT’s Online Archives 11080230 for summary of P.L. 112-28.)

For Annually Registered Firms Under $1M in Revenue & Less than 7,500 Units

To register, an applicant must attest that it satisfies two threshold requirements. First, it must attest that its total gross revenue from the prior calendar year (e.g., calendar year 2011 sales to qualify for calendar year 2012) from the sale of all consumer products was $1 million or less. Second, it must attest that it manufactured no more than 7,500 units of the covered product that qualifies the Small Batch Manufacturer for registration.

The applicant will receive a small batch manufacturer registration number at the end of the registration process. CPSC states that registration will be required every year.

3rd-Party Tests Not Needed for Toy Standard, Lead Content, Etc. until CPSC Action

After registering, qualifying Small Batch Manufacturers will not be required to third party test for the following children’s product safety rules until CPSC has provided either an alternative testing requirement or an exemption for:

• ASTM F963-08 toy standard;
• total lead content;
• phthalates bans;
• wearing apparel;
• children’s sleepwear;
• Other product safety rules: bicycle helmets, bunk beds, rattles, dive sticks, bicycles, carpets and rugs, vinyl plastic film, clacker balls, electronically operated toys, ATVs, and mattresses.

3rd-Party Testing Still Required for Lead in Paint, Small Parts, Metal Jewelry, Etc.

CPSC explains that small batch manufacturers will always be required to third party test for compliance with the following children's product safety rules as this is required by law: lead in paint, full and non-full-size cribs, pacifiers, small parts, children’s metal jewelry, baby bouncers/walkers/jumpers, infant bath seats, infant walkers, and other durable infant or toddler products.

Must Still Provide Certificate of Conformity

Small batch manufacturers must also still provide a certificate of conformity, in which they certify in writing that their products comply with the applicable regulations. However, except where required by law (for lead in paint, small parts, etc), the certificate does not have to be based on third party testing.

Business Name & Location to be Publically Available Unless Confidential, Etc.

After registration, the business name, city, and state of a registered small batch manufacturer will be made available to the public, unless, within 15 calendar days of registration, a business provides CPSC with written notification pursuant to section 6 of the Consumer Product Safety Act regarding confidential information. After such notification, CPSC may determine that the business’ information is proprietary or confidential and not publish it in the registry.

Small Batch Manufacturers Can Direct Government, Retailers to Website

CPSC states that the registration system will allow companies to document that they are entitled to such relief. This means that a registered small batch manufacturer whose business information is published in the Small Batch Manufacturers Registry will be able to direct agencies and retailers to the CPSC website for immediate and easy confirmation of the company’s status as a qualifying Small Batch Manufacturer.

(Commissioner Northup issued a statement against the establishment of the registry as it was not subject to Commission vote. She also believes it could hurt those it was meant to help by publishing the business name, city and state of any small batch registrant who cannot prove that the publication would disclose confidential business information.)

(See ITT’s Online Archives 11102712 for summary of an October 2011 meeting in which the trade suggested a change in the “small batch” definition to address specialty products, recognizing alternative testing as equivalent, etc.

See ITT’s Online Archives 11120820 for most recent summary of the third-party testing and certification requirements for children’s products manufactured on/after January 1, 2012 for lead content, the ASTM toy standard, and the phthalate bans.)

Registry available here.

Question and Answer document available here.

Commissioner Nord’s statement available here.