CPSC Comments Due Jan 23 on Reducing 3rd-Party Test Costs for Kid's Products
This is a reminder that comments are due January 23, 2012 on the Consumer Product Safety Commission's notice on ways to reduce the cost of the Consumer Product Safety Improvement Act (CPSIA) third party testing requirements for children’s products that are consistent with assuring compliance with any applicable consumer product safety rule, ban, standard, or regulation. Based on the comments received, CPSC may prescribe new or revised third-party testing regulations.
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(See ITT's Online Archives 11111009 for summary of CPSC's original request for comments.
Note that this was one of four related notices issued concurrently on CPSIA testing, certification and labeling.1)
New Law Requires Comments, Allows CPSC to Revise 3rd-Party Testing, Etc.
The CPSC is required to seek these comments by Public Law 112-28 of August 2011, which revised certain aspects of the CPSIA. Not more than one year after seeking the comments, CPSC must review them and may prescribe new or revised third-party testing regulations if it determines that such regulations would reduce costs consistent with ensuring compliance with applicable rules, standards, bans, etc.
If CPSC determines that it lacks authority to implement an opportunity for reducing the costs of third-party testing consistent with assuring compliance, it would have to submit a report to Congress along with any legislative recommendations to permit such implementation. (See ITT’s Online Archives 11080230 for summary of H.R. 2715, which became P.L. 112-28.)
Parties Should Review 3 Related Rules on 3rd-Party Testing
CPSC stated in its original comment request that interested parties may wish to familiarize themselves with the three other concurrent notices it has issued before responding to this comment request as they are all related in some way to third-party testing.
CPSC Seeks Comments on 7 Possible Modifications to Reduce 3rd-Party Test Costs
CPSC seeks comment on the following seven broad issues regarding possible third-party test cost reduction for children’s products (those designed or intended primarily for children 12 years of age or younger):
Modified certification for similar product from different importers - the extent to which modification of the certification requirements may have the effect of reducing redundant third party testing by or on behalf of two or more importers of a product that is substantially similar or identical in all material respects.
Testing subsets of components - the extent to which products with a substantial number of different components subject to third party testing may be evaluated to show compliance with an applicable rule, ban, standard, or regulation by third party testing of a subset of such components selected by a third-party lab.
Using sampling to reduce test burden - the extent to which manufacturers with a substantial number of substantially similar products subject to third party testing may reasonably make use of sampling procedures that reduce the overall test burden without compromising the benefits of third party testing.
Recognizing other national or int’l standards - the extent to which evidence of conformity with other national or international governmental standards may provide assurance of conformity to consumer product safety rules, bans, standards, or regulations applicable under the Consumer Product Safety Act (CPSA).
Using materials third-party tested for another agency - the extent to which the use of materials subject to regulations of another government agency that requires third party testing of those materials may provide sufficient assurance of conformity with an applicable consumer product safety rule, ban, standard, or regulation without further third party testing.
Use of other test technology - the extent to which technology, other than the technology already approved by the Commission, exists for third party labs to test or to screen for testing consumer products subject to a third party testing requirement.
Other techniques to lower costs - other techniques for lowering the cost of third party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations.
1The three other notices are: (1) a final rule, effective February 8, 2013, that establishes third-party testing requirements for the initial certification of children’s products, periodic testing thereafter, testing after a material change (including a sourcing change), safeguarding against undue influence on a third-party lab, etc. (See ITT’s Online Archives 11110925 for summary; (2) a final rule, effective December 8, 2011, that provides a voluntary certification option for domestic manufacturers and importers who must certify finished consumer products as complying with CPSC requirements to base their certificates on one or more of the following: component part testing or certification or another party’s finished product testing or certification - as long as certain conditions are met. (See ITT’s Online Archives 11110817 for summary.); and (3) a proposed rule that would provide for the testing of representative (instead of random) samples for children’s product continued compliance testing. (See ITT's Online Archives 11111427 for summary.)
CPSC contact -- Randy Butturini (301) 504--7562; RButturini@cpsc.gov
FR notice (FR Pub 11/08/11, D/N CPSC--2011--0081) available here.