How Manufactured Imported Products Will Be Affected By the US Consumer Product Safety Act

Recent incidents of harmful or dangerous products have led to a change of legislation to ensure that future products pose a reduced danger to the most vulnerable consumers: children.

 

On August 14th, 2008, the Consumer Product Improvement Act 2008 (CPSIA) came into effect. The CPSIA requires manufacturers, exporters, and suppliers to comply with the new US "Consumer Product Safety" standards. Under prior law, only selected products were expected to fulfill the standards of the Consumer Product Safety Act. Today, however, all products are subjected to examination related to bans and standards, and must comply with the Act. In order to prove compliance with these standards, manufacturers are expected to obtain a "declaration of conformity". This new general certification requirement went into effect on November 12th, 2008 and refers to those products which were manufactured on or after that date.

 

Third Party Testing of Children's Products

 

With the new legislation, children's products in particular will require additional testing. All products intended for children twelve years of age and younger have to be examined by independent labs. Every manufacturer, including an importer or private labeler of children's products, must have the product tested by an accredited, independent testing lab, which must certify that the product meets all applicable CPSC (Consumer Product SafetyCommission) requirements.

 

 

The required certificate, whether it is a general conformity certificate or children's products conformity certificate (requiring third party testing), must fulfill numerous formal requirements. For example, the certificate must include information about the manufacturer of the product, the testing lab, and the date and place of the manufacturing and testing.Products without the required certificate cannot be imported or distributed commercially in the United States.If the product is being shipped from abroad, the certificate must accompany the product or the product shipment, and must be available to CPSC and/or Customs and Border Protection authorities. The certificate is also required to be furnished to distributors and retailers. Failure to furnish the certificate, or furnishing a false certificate, can subject the manufacturer to civil or criminal penalties.

 

 

Section 103(a) of the CPSIA requires that products designated for children under 12 years of age have a "tracking label", or a clearly distinguishable "permanent mark", on each product, containing the origin of the product, the date of manufacture, and a detailed description of the manufacturing process (such as batch or run number). This requirement is not limited to children's products such as toys; it can equally apply to children's clothing and shoes. The U.S. Congress modified the requirement stating that each product must display a "tracking label" with the term "to the extent practicable,"because certain products, which are shipped without individual packaging, might not allow a "permanent mark" to be printed on individual products (i.e. small parts).