[Federal Register: November 18, 2008 (Volume 73, Number 223)]
[Rules and Regulations]
[Page 68328-68332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no08-10]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1110
Certificates of Compliance
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The Consumer Product Safety Act (``CPSA''), at section 14(a)
as amended by section 102(a) of the Consumer Product Safety Improvement
Act of 2008 (``CPSIA''), Public Law 110-314, requires that, for
products manufactured on or after November 12, 2008, manufacturers
(including importers) and private labelers of the products certify that
the products comply with all applicable CPSA consumer product safety
rules and similar rules, bans, standards and regulations under any
other laws administered by the Commission by issuing a certificate that
accompanies the product and can be furnished to certain parties. The
certificate must specify each such rule, ban, standard, or regulation
with which the product must comply. In general, the certification must
be based on a test of each product or upon a reasonable testing
program. Certificates and certification for certain children's products
must be based on testing by third party laboratories whose
accreditation to do so has been accepted by the Commission. The third
party testing requirements become effective on a rolling schedule as
the Commission issues specific laboratory accreditation requirements.
Section 14(a)(4) of the CPSA gives the Commission the authority where
there is more than one manufacturer, importer, or private labeler to
designate one or more of such entities as the person(s) who shall issue
the required certificate and to relieve all others of that
responsibility.
The final rule published today limits the parties who must certify
to the U.S. importer and, in the case of domestically produced
products, the U.S. manufacturer. It also specifies the requirements
that an electronic certificate must meet.
DATES: Effective Date: This rule is effective November 18, 2008.
FOR FURTHER INFORMATION CONTACT: John ``Gib'' Mullan, Assistant
Executive Director for Compliance and Field Operations, U.S. Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, Maryland
20814; e-mail: jmullan@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
The Commission is aware that, as a result of the extremely short
deadline for complying with the new certificate requirement and its
vast expansion over that previously required by section 14(a) (which
applied only to products subject to consumer product safety standards
under the CPSA) there is substantial confusion over what is required by
way of certification.
The Commission has received thousands of inquiries as to how to
comply, when to comply, what is required in support of the
certification, and what form the certificate must take, as well as
hundreds of requests to evaluate an individual product as to what
existing and future bans, standards, regulations, or rules might apply
to it. Commission staff has been unable to respond to many of these
inquiries due to the press of the other very early multiple statutory
deadlines imposed on the agency by the CPSIA.
The Commission believes that for the expanded Sec. 14(a)
certificate program to be implemented in a fair and orderly way and to
produce the benefits intended by Congress, it must be streamlined, at
least in its initial phase.
Accordingly, the Commission is exercising its authority under CPSA
section 14(a)(4) by issuing this immediately effective final rule
designating the importer as the sole entity that must issue the
certificate required by section 14(a) in the case of an imported
product.\1\ This certificate must be available to the Commission no
later than the time when the product or shipment is available for
inspection in the United States. The Commission is also designating the
domestic manufacturer as the sole entity that must issue the
certificate required by section 14(a) in the case of a domestically
produced product. This certificate must be available to the Commission
upon request before the product or shipment is introduced into domestic
commerce.
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\1\ The Commission voted 2-0 to issue this rule.
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Section 14(g)(3) of the CPSA as added by section 102(b) of the
CPSIA requires that the certificates required by section 14(a) of the
CPSA ``accompany'' each product or shipment of products subject to the
certification requirements and be ``furnished'' to each distributor or
retailer of the product. In addition, a copy of the certificate must be
``furnished'' to the CPSC upon request.
The final rule issued today provides that the requirements of
section 14(g)(3) can be satisfied by providing the statutorily required
certificate information by electronic means. The means by which the
certificate may be provided in electronic form is specified.
This rule is being issued in immediate final form in recognition
that the new, broader consumer product certification requirements
established by CPSIA go into effect for products manufactured on and
after November 12, 2008. The Commission expects that with time CPSIA's
expanded certification requirements will become more routine and it
then would consider whether this rule needs to be revised based on
actual experience.
The rule issued here is effective upon publication in the Federal
Register.
II. Pertinent Statutory Provisions
Section 14(a)(1) of the CPSA, as amended by CPSIA, requires that
the manufacturer (including the importer) and the private labeler, if
any, of a product that is subject to an applicable consumer product
safety rule under the CPSA, or similar rule, ban, standard, or
regulation under any other Act enforced by the Commission issue a
certificate of compliance.\2\ This requirement applies
[[Page 68329]]
to any such product manufactured on or after November 12, 2008. Section
14(a)(4) provides the Commission with authority to designate by rule
one or more of these parties to issue the required certificate and to
relieve the other parties enumerated in section 14 from the requirement
to furnish certificates.
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\2\ CPSIA section 14(a)(2) imposes additional testing
requirements to support certificates of compliance for ``children's
products'' as defined in section 3(a)(2) of Consumer Product Safety
Act. Ninety days after the Commission issues those requirements for
a given product or category of products on the rolling schedule
specified in section 14(a)(3), the certificate for the product or
products in question manufactured after that date must be supported
by testing performed by a third party laboratory whose accreditation
has been accepted by the Commission absent the Commission's exercise
of its authority to extend such a deadline by an additional sixty
days in certain instances. The rule set out here is equally
applicable to certificates that must be based on third party
testing.
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Sections 14(g)(1) and (2) of the CPSA as added by CPSIA specify the
information that must be provided in a certificate.
(1) Identification of issuer and conformity assessment body.--Every
certificate required under this section shall identify the manufacturer
or private labeler issuing the certificate and any third party
conformity assessment body on whose testing the certificate depends.
The certificate shall include, at a minimum, the date and place of
manufacture, the date and place where the product was tested, each
party's name, full mailing address, telephone number, and contact
information for the individual responsible for maintaining records of
test results.
(2) English language.--Every certificate required under this
section shall be legible and all content required by this section shall
be in the English language. A certificate may also contain the same
content in any other language.
Section 14(g)(3) of the CPSA as added by CPSIA specifies the
availability of the required certificates.
(3) Availability of certificates.--Every certificate required under
this section shall accompany the applicable product or shipment of
products covered by the same certificate and a copy of the certificate
shall be furnished to each distributor or retailer of the product. Upon
request, the manufacturer or private labeler issuing the certificate
shall furnish a copy of the certificate to the Commission.
While the new provisions of section 14 do not address electronic
certificates in general, new section 14(g)(4) does specifically address
electronic filing of certificates for import shipments with CPSC and
the Commissioner of Customs.
(4) Electronic filing of certificates for imported products.--In
consultation with the Commissioner of Customs, the Commission may, by
rule, provide for the electronic filing of certificates under this
section up to 24 hours before arrival of an imported product. Upon
request, the manufacturer or private labeler issuing the certificate
shall furnish a copy to the Commission and to the Commissioner of
Customs.
This rule does not establish the requirements under section 14(g)(4)
for pre-arrival electronic filing with the Commissioner of Customs and
the Commission of certificates for imported products. Rather it
addresses acceptable means for making electronic certificates available
to the Commission and to distributors and retailers at this time in
compliance with the requirements of CPSA sections 14(a) and (g). If the
Commission elects to do so at some future date, it may address the
specific issue of electronic filing of certificates for imported
products with the Commission and the Commissioner of Customs by
subsequent rulemaking.
III. Need for Streamlining Certificate Requirements
Prior to enactment of the CPSIA, the certificate requirement ran to
eleven (11) CPSA consumer product safety standards.\3\ The CPSIA
expanded that universe to include all CPSA standards and bans and all
similar standards, bans, rules and regulations under any other Act
administered by the Commission, including the Federal Hazardous
Substances Act, the Flammable Fabrics Act, the Poison Prevention
Packaging Act, the Refrigerator Safety Act, the Children's Gasoline
Burn Prevention Act, and the Virginia Graeme Baker Pool and Spa Safety
Act. Congress provided only ninety days from enactment of the CPSIA for
the Commission and the regulated community to address this vastly
expanded product certification requirement. As noted above, the
Commission has received literally thousands of inquiries as to how to
comply, when to comply, what is required in support of the
certification, whether and how an electronic certificate might be
acceptable, and what form the certificate must take, whether hard copy
or electronic.
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\3\ In most of those standards, the Commission has already
addressed which entity must provide certificates under the prior
version of CPSA section 14(a). See, e.g., 16 CFR part 1210, etc.
Today's rule does not amend those standards in this respect in light
of the significant additional certificate information now required
by CPSA section 14(a) as amended by CPSIA.
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The Commission is hampered in its overall efforts to implement the
CPSIA by the fact it is funded for Fiscal year 2009 by continuing
resolution at its funding level for FY 2008 established prior to
enactment of those sweeping new responsibilities. Commission staff has
been unable to respond to many inquiries due to the press of the other
very early, multiple statutory deadlines imposed on the agency by the
CPSIA.
In addition, the staff has been deluged with hundreds and hundreds
of requests to evaluate specific individual products and specify what
bans, standards, regulations, etc., might apply to them. First, the
Commission does not have, or expect to have, sufficient resources to
evaluate every one of the products within the scope of the thousands of
types of products within its jurisdiction in this manner. The CPSC has
never ``pre-approved'' products for compliance with its standards,
bans, regulations or rules in this manner in any event. Second, it is
the responsibility of the manufacturer of the product as a normal
incident of doing business to know what legal requirements of the
Commission or otherwise apply to its products.
The Commission is concerned by the apparent confusion among
companies about the reach of the general certificate requirements
including what rules apply to their products. Manufacturers and
retailers have always been required to know which rules apply to their
products and to assure that their products comply with those rules.
Before it has even gone into effect, the new general certificate
requirement has not only focused attention on safety compliance but
also has given some companies a cause to be concerned about their
ability to comply with the certification program.
While the Commission expects every company to make best efforts to
comply promptly with the new general certificate requirements, the
Commission's resource limitations under the continuing resolution will
force it to focus more on a product's compliance with our safety rules.
The certificate is evidence of compliance and therefore it is
appropriate to concentrate initially more on the substantive
requirements underlying the certificate than on the certificate or the
form of the certificate itself. As our resource limitations are fully
addressed by Congress, the Commission will then be able to properly
focus on all aspects of compliance, particularly compliance with the
new general certification requirements.
The Commission also recognizes that it still has work to do to
clarify aspects of the general certification program and will be
working to quickly resolve uncertainties.
[[Page 68330]]
Importers should be aware that after this initial period of
adjustment, failure to abide by the general certificate requirement
will subject shipments to refusal of admission into the country and
potential destruction. The Commission staff is developing Frequently
Asked Question (FAQ) lists for posting on the Commission's World Wide
Web site as the agency's resources permit to address issues of more
general applicability posed by the new CPSIA requirements.
All of the above considerations lead the Commission to the
conclusion that at least in the initial implementation phase, the
expanded certification program must be streamlined to minimize
confusion in the regulated community, to allow for fairness, and to
allow the Commission staff to respond appropriately to the most
pressing CPSIA implementation challenges. Accordingly, by this rule,
the Commission is limiting the certificate requirements of section
14(a) of the CPSA to the importer in the case of products manufactured
outside the United States and to the domestic manufacturer in the case
of products manufactured in the United States. In the case of imports,
the required certificate must be available to the Commission no later
than the time when the product or shipment is available for inspection
in the United States. In the case of domestic products, the certificate
must be available to the Commission prior to introduction of the
product or shipment in question into domestic commerce.
IV. Need for Electronic Certificates
Following enactment of CPSIA on August 14th, the Commission has
received many comments regarding the urgent need for a means for
electronic certificates as an alternative to paper certificates.
Importers have noted the extremely difficult task of associating paper
certificates with the proper contents of a shipping container that may
contain items not subject to the certification requirement and many
items that are, but that are subject to varying certification
requirements depending on the specific product in question. Similar
difficulties have been noted with respect to bulk shipments that are
then broken down for shipment to a number of distributors or retailers.
Manufacturers of small volume per retailer products have noted the
substantial additional complexity and cost if such products must be
accompanied by appropriate paper certificates down to the individual
retailer level. This later situation has been identified as extremely
problematic for manufacturers (including importers) and private
labelers, that are not associated with major retail chains, but who
ship to many independent retailers. Finally many commenters have noted
that international and domestic commerce is now largely tracked and
otherwise conducted electronically and that a return to paper for some
portion of that commerce is a major step backward in facilitating
efficient trade. Based on all of the above, the Commission believes
that immediately recognizing the suitability of electronic certificates
provided they meet the statutory content and availability requirements
is appropriate.
V. Electronic Certificates Can ``Accompany'' Products and Product
Shipments and Can Be ``Furnished'' to Distributors and Retailers
Section 14(g)(3) requires that the certificate ``accompany'' each
product or shipment of products and be ``furnished'' to each
distributor or retailer of the product. The legislative history of
section 102(b) of CPSIA is silent as to the intended meaning of the
word ``accompany.'' Among other meanings, Webster's defines
``accompany'' to mean ``coexist or occur with.'' \4\ The Commission
believes that a properly designed electronic certificate containing the
information prescribed by sections 14(a) and (g) of the CPSA, as
applicable, that is uniquely identified to the product or products
covered by the certificate is ``coexisting'' or ``occurring with'' the
product or products in question.
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\4\ Webster's II New Riverside University Dictionary, Houghton
Mifflin Company, 1994, at p. 71.
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Webster's defines ``furnish'' as ``to supply'' or ``give.'' \5\ The
Commission believes that an electronic certificate that can be
reasonably accessed by distributors and retailers satisfies the
requirement of ``furnishing'' the certificate to distributors and
retailers of the product.
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\5\ Id. at p. 513.
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VI. Acceptable Form of Electronic Certificate
As noted above in section II. of this preamble, CPSA sections 14(a)
and (g) specify the information that must be in a certificate and the
form in which it must be available. For purposes of this rule, which
limits the requirement to furnish certificates to importers and
domestic manufacturers, the applicable portions of those provisions are
as follows:
1. Identification of the product covered by the certificate.
2. Citation to each CPSC product safety regulation to which the
product is being certified. Specifically, CPSIA requires that the
certificate specify each applicable consumer product safety rule under
the Consumer Product Safety Act and any similar rule, ban, standard or
regulation under any other Act enforced by the Commission that is
applicable to the product.
3. Identification of the importer or domestic manufacturer as
applicable certifying compliance of the product, including the importer
or domestic manufacturer's name, full mailing address, and telephone
number.
4. Contact information for the individual maintaining records of
test results, including the custodian's name, e-mail address, full
mailing address, and telephone number. (CPSC recommends that each
issuer maintain test records supporting the certification for at least
three years as is currently required by certain consumer product
specific CPSC standards, for example at 16 CFR 1508.10 for full-size
baby cribs.).
5. Date (month and year at a minimum) and place (including city and
country or administrative region) where the product was manufactured.
(If the same manufacturer operates more than one location in the same
city, the street address of the factory in question should be
provided.)
6. Date and place (including city and country or administrative
region) where the product was tested for compliance with the
regulation(s) cited above.
7. Identification of any third-party laboratory on whose testing
the certificate depends, including name, full mailing address and
telephone number of the laboratory.
Section 14(g)(2) requires that the foregoing information be available
in English. As provided for in CPSIA, the same information also may be
provided in any other language.
The Commission expects that the statutory content and language
requirements will be met for any certificate, whether issued in
electronic or paper form.
The Commission believes that an electronic certificate is properly
``accompanying'' the product or shipment of the product as required by
CPSIA if a certificate meeting the requirements of the rule issued
today can reasonably be accessed by information on the product or
accompanying the product or shipment, for example a unique identifier
that can be accessed via a World Wide Web URL or other electronic
means, provided the URL or other electronic means and the certificate
and unique identifier are
[[Page 68331]]
available to the Commission immediately when the product or shipment
itself is available for inspection in the United States. Similarly, if
a reasonable means to access the electronic certificate is available to
distributor(s) and retailer(s), the Commission believes that the
statutory ``furnish'' requirement is met.
As with paper certificates, for an electronic certificate to
``accompany'' a shipment, it must be created prior to arrival of the
shipment in question into U.S. domestic commerce. The Commission would
expect that an electronic certificate would have a means to verify the
date of its creation or last modification.
Any entity or entities may maintain the electronic certificate
platform(s) and may enter the requisite data. However, the certifying
entity or entities remain legally responsible for the accuracy and
completeness of the certificate information required by statute and its
availability in timely fashion.\6\
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\6\ It is also self evident that a product subject to an
applicable CPSC standard, ban, or regulation is expected to comply
therewith, irrespective of the issuance and availability of a
certificate.
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VII. Paperwork Reduction Act
This final rule does not impose any information collection
requirements. Rather, it restates the express statutory requirements
for the content of certificates that appear at sections 14(a) and (g)
of the CPSA. Accordingly it is not subject to the Paperwork Reduction
Act, 44 U.S.C. sections 3501 through 3520.
VIII. Executive Order 12988
According to Executive Order 12988 (February 5, 1996), agencies
must state in clear language the preemptive effect, if any, of new
regulations. This regulation is issued under authority of the CPSA and
the CPSIA. The CPSA provision on preemption appears at section 26
thereof. The CPSIA provision on preemption appears at section 231
thereof. Otherwise the preemptive effect of this rule would be
determined in an appropriate proceeding in a court of competent
jurisdiction.
IX. Environmental Considerations
This final rule falls within the scope of the Commission's
environmental review regulations at 16 CFR 1021.5(c)(2) which provide a
categorical exclusion from any requirement for the agency to prepare an
environmental assessment or environmental impact statement for product
certification rules.
X. Immediate Effective Date
The Commission is issuing this rule as an immediately effective
final rule. Section 553(b) of the Administrative Procedure Act
(``APA''), 5 U.S.C. 553, excludes rules from the otherwise applicable
notice and comment requirements of the APA, inter alia, where the
agency for good cause finds that notice and comment are impracticable
or contrary to the public interest. Here, the CPSIA statutory deadline
for issuance of certificates is November 12, 2008 for products
manufactured on or after that date. There is substantial confusion in
the regulated community as to the application and implementation of
that requirement. Moreover, the Commission's resources are extremely
challenged by the myriad of near term statutory deadlines for
implementation of various other CPSIA provisions. Accordingly, the
Commission finds that notice and comment on this rule is impracticable
and would not be in the public interest.
Section 553(d) of the APA excludes certain final rules from the
otherwise applicable APA requirement that the effective date of a rule
be at least 30 days after publication of the rule. The pertinent
exclusions here are for a rule that relieves a restriction and ``as
otherwise provided for good cause shown and published with the rule.''
In view of the certificate deadline of November 12, 2008 for products
subject to the requirement that are manufactured on or after that date,
the Commission finds that good cause exists to make this rule effective
immediately.
List of Subjects in 16 CFR Part 1110
Consumer protection, labeling.
0
For the reasons stated in the preamble, the Commission amends Title 16
of the Code of Federal Regulations by adding a new part 1110 to read as
follows:
PART 1110--CERTIFICATES OF COMPLIANCE
Sec.
1110.1 Purpose and scope.
1110.3 Definitions.
1110.5 Acceptable certificates.
1110.7 Who must certify and provide a certificate.
1110.9 Form of certificate.
1110.11 Contents of certificate.
1110.13 Availability of electronic certificate.
1110.15 Legal responsibility for certificate information.
Authority: Pub. L. No. 110-314, Sec. 3, 122 Stat. 3016, 3017
(2008); 15 U.S.C. 14.
PART 1110--CERTIFICATES OF COMPLIANCE
Sec. 1110.1 Purpose and scope.
(a) This part 1110:
(1) Limits the entities required to provide certificates in
accordance with section 14(a) of the Consumer Product Safety Act, as
amended (CPSA), 15 U.S.C. 2063(a), to importers and U.S. domestic
manufacturers;
(2) Specifies the content, form, and availability requirements of
the CPSA that must be met for a certificate to satisfy the certificate
requirements of section 14(a); and
(3) Specifies means by which an electronic certificate shall meet
those requirements.
(b) This part 1110 does not address issues related to type or
frequency of testing necessary to satisfy the certification
requirements of CPSA section 14(a). It does not address issues related
to CPSA section 14(g)(4) concerning advance filing of electronic
certificates of compliance with the Commission and/or the Commissioner
of Customs.
Sec. 1110.3 Definitions.
The following definitions apply for purposes of this part 1110.
(a) Electronic certificate means, for purposes of this part 1110, a
set of information available in, and accessible by, electronic means
that sets forth the information required by CPSA section 14(a) and
section 14(g) and that meets the availability requirements of CPSA
section 14(g)(3).
(b) Unless otherwise stated, the definitions of section 3 of the
CPSA and additional definitions in the Consumer Product Safety
Improvement Act of 2008 (CPSIA), Pub. L. 110-314, apply for purposes of
this part 1110.
Sec. 1110.5 Acceptable certificates.
A certificate that is in hard copy or electronic form and complies
with all applicable requirements of this part 1110 meets the
certificate requirements of section 14 of the CPSA. This does not
relieve the importer or domestic manufacturer from the underlying
statutory requirements concerning the supporting testing and/or other
bases to support certification and issuance of certificates.
Sec. 1110.7 Who must certify and provide a certificate.
(a) Imports. Except as otherwise provided in a specific standard,
in the case of a product manufactured outside the United States, only
the importer must certify in accordance with, and provide the
certificate required by,
[[Page 68332]]
CPSA section 14(a) as applicable, that the product or shipment in
question complies with all applicable CPSA rules and all similar rules,
bans, standards, and regulations applicable to the product or shipment
under any other Act enforced by the Commission.
(b) Domestic products. Except as otherwise provided in a specific
standard, in the case of a product manufactured in the United States,
only the manufacturer must certify in accordance with, and provide the
certificate required by, CPSA section 14(a) as applicable, that the
product or shipment in question complies with all applicable CPSA rules
and all similar rules, bans, standards, and regulations applicable to
the product or shipment under any other Act enforced by the Commission.
(c) Availability of certificates.
(1) Imports. In the case of imports, the certificate required by
CPSA section 14(a) must be available to the Commission from the
importer as soon as the product or shipment itself is available for
inspection in the United States.
(2) Domestic products. In the case of domestic products, the
certificate required by CPSA section 14(a) must be available to the
Commission from the manufacturer prior to introduction of the product
or shipment in question into domestic commerce.
Sec. 1110.9 Form of certificate.
As required by CPSA section 14(g)(2), the information on a hard
copy or electronic certificate must be provided in English and may be
provided in any other language.
Sec. 1110.11 Content of certificate.
As required by CPSA sections 14(a) and 14(g), a certificate must
contain the following information:
(a) Identification of the product covered by the certificate.
(b) Citation to each CPSC product safety regulation or statutory
requirement to which the product is being certified. Specifically, the
certificate shall identify separately each applicable consumer product
safety rule under the Consumer Product Safety Act and any similar rule,
ban, standard or regulation under any other Act enforced by the
Commission that is applicable to the product.
(c) Identification of the importer or domestic manufacturer
certifying compliance of the product, including the importer or
domestic manufacturer's name, full mailing address, and telephone
number.
(d) Contact information for the individual maintaining records of
test results, including the custodian's name, e-mail address, full
mailing address, and telephone number. (CPSC suggests that each issuer
maintain test records supporting the certification for at least three
years as is currently required by certain consumer product specific
CPSC standards, for example at 16 CFR 1508.10 for full-size baby
cribs.)
(e) Date (month and year at a minimum) and place (including city
and state, country, or administrative region) where the product was
manufactured. If the same manufacturer operates more than one location
in the same city, the street address of the factory in question should
be provided.
(f) Date and place (including city and state, country or
administrative region) where the product was tested for compliance with
the regulation(s) cited above in subsection (b).
(g) Identification of any third-party laboratory on whose testing
the certificate depends, including name, full mailing address and
telephone number of the laboratory.
Sec. 1110.13 Availability of electronic certificate.
(a) CPSA section 14(g)(3) requires that the certificates required
by section 14(a) ``accompany'' each product or product shipment and be
``furnished'' to each distributor and retailer of the product in
question.
(1) An electronic certificate satisfies the ``accompany''
requirement if the certificate is identified by a unique identifier and
can be accessed via a World Wide Web URL or other electronic means,
provided the URL or other electronic means and the unique identifier
are created in advance and are available, along with access to the
electronic certificate itself, to the Commission or to the Customs
authorities as soon as the product or shipment itself is available for
inspection.
(2) An electronic certificate satisfies the ``furnish'' requirement
if the distributor(s) and retailer(s) of the product are provided a
reasonable means to access the certificate.
(b) An electronic certificate shall have a means to verify the date
of its creation or last modification.
Sec. 1110.15 Legal responsibility for certificate information.
Any entity or entities may maintain an electronic certificate
platform and may enter the requisite data. However, the entity or
entities required by CPSA section 14(a) to issue the certificate remain
legally responsible for the accuracy and completeness of the
certificate information required by statute and its availability in
timely fashion.
Dated: November 10, 2008.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E8-27356 Filed 11-13-08; 4:15 pm]
BILLING CODE 6355-01-P