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U.S. Consumer Product Safety Commission
Certificates of Compliance Requirement

Current Regulation

• On December 21, 2009, NTA notified members of the stay.

• NEWS On December 18, 2009 CPSC announced its vote which Extends the Stay of Enforcement on Testing and Certification Requirements for Many Children’s Products.

• On December 9, 2009, NTA updated members on the status of the Stay on Certificates.

• On November 13, 2009 CPSC announced two-day workshop to discuss issues relating to the testing, certification, and labeling of certain consumer products. The workshop will be held in Bethesda, Maryland on December 10 through 11, 2009. Comments are due by January 11, 2010. Note In the Federal Register of November 13, 2009 (74 FR 58611), on page 58612, at the top of the first column under the heading FOR FURTHER INFORMATION CONTACT, the correct telephone number should be (301) 504- 7621.

• On January 30, 2009 CPSC granted One Year Stay of Testing and Certification Requirements for Certain Products.

• On November 18, 2008, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule (74 FR 68328) [pdf] [htm] by unanimous vote, addressing the conformity certification required for consumer products subject to safety rules under CPSC jurisdiction.
  • Requirement for Electronic Certificate

Background

On January 14, 2009 the Wall Street Journal published an editorial "Pelosi's Toy Story".

NEWS On December 31, 2008, The National Textile Association, joined by ten other groups representing the apparel, fiber, textile, retail, and travel goods industries, has written to Nancy Nord, Acting Chairman of the U.S. Consumer Product Safety Commission and Commissioner Thomas Moore regarding proposed rulemaking regarding lead content limits for materials and products pursuant to the newly enacted Consumer Product Safety Improvement Act (CPSIA). The letter calls for clarifications to help reduce costly, unnecessary testing and compliance burdens of products and components that are inherently lead free or contain lead in amounts that are clearly below the lowest CPSIA lead limit and instead focus critical resources on products and components where there is the most risk.

The letter was signed by:

• American Apparel & Footwear Association (AAFA)
• American Fiber Manufacturers Association (AFMA)
• The Ecological and Toxicological Association of Dyes and Organic Pigments Manufacturers (ETAD)
• The Hosiery Association (THA)
• National Cotton Council (NCC)
• National Council of Textile Organizations (NCTO)
• National Retail Federation (NRF)
• National Textile Association (NTA)
• Retail Industry Leaders Association (RILA)
• Travel Goods Association (TGA)
• U.S. Association of Importers of Textiles and Apparel (USA-ITA)

For the full text of the letter click here.

On December 18, 2008, a petition was filed with CPSC by the National Association of Manufacturers in an effort to bring clarity to requirements affecting the thousands of consumer products regulated by the Agency.

On December 4, 2008, NTA produced for its members this Memo on the Certificate of Compliance Requirement

On November 18, 2008, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule (74 FR 68328) [pdf] [htm] by unanimous vote, addressing the conformity certification required for consumer products subject to safety rules under CPSC jurisdiction.

The Commission addressed three major issues: 1) who should supply the certificate; 2) how the certificate can be filed; and 3) CPSC enforcement of general certification.

First, the certification process will now be streamlined, by limiting the number of parties who must issue conformity certifications unless a preexisting Commission product standard requires otherwise. The Commission determined that for imported products, only the importer needs to issue the conformity certificate.

Foreign manufacturers and private labelers of imported products do not need to issue certificates, and they do not need to be listed as parties on certificates. For products manufactured in the United States, only the domestic manufacturer needs to issue the certificate. Private labelers do not need to issue certificates, and do not need to be listed as parties on certificates.

Second, the rule confirms that electronic means can be used to meet the certification requirement in the Consumer Product Safety Improvements Act of 2008 (CPSIA) and that conformity certifications can accompany the product and be furnished to distributors and retailers by a variety of electronic means. Electronic certificates can also be posted on a website for inspection or included with other electronic documents accompanying shipments through Customs, so long as the certificates can be produced immediately for inspection.

Finally, the agency intends to focus its enforcement efforts on a product’s compliance with our safety requirements. While the Commission recognizes that every company is expected to make its best efforts to comply promptly with the new certificate requirements, the agency intends initially to focus more on compliance with the safety rules underlying the certificate, rather than on the certificate or form of the certificate itself. For addition information and a copy of the rule, go to www.cpsc.gov