CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

The U.S. Consumer Product Safety Commission voted unanimously (2-0) to issue a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers of regulated products, including certain products intended for children 12 years old and younger. These requirements are part of the Consumer Product Safety Improvement Act (CPSIA), which added certification and testing requirements for all products subject to CPSC standards, bans, or similar regulations.

All testing and certification required by CPSC standards, rules, and regulations prior to enactment of the CPSIA on August 14, 2008 remains in full force and effect. In addition, certain new requirements for testing and certification have gone, or will go, into effect. The attached chart summarizes the impact of the stay of testing and certification requirements issued by the Commission.

The decision of the Commission to stay enforcement for certain testing and certification requirements went into effect on February 10, 2009.

Foreign manufacturers are reminded that the final rule regarding certificates of compliance published in the Federal Register on November 10, 2008 (73 Fed. Reg. 68328) and became effective on November 18, 2008. The final rule can be found at our website at www.cpsc.gov/businfo/frnotices/fr09/certification.pdf, and it limits the parties who must certify to the U.S. importer and, in the case of domestically produced products, the U.S. manufacturer.

This document has been prepared by CPSC staff. It has not been reviewed or approved by, and may not reflect the views of, the Commission.

Impact of Stay of Enforcement on Certain Testing and Certification

Specific Testing and Certification RequirementTesting and Certification Stayed until February 10, 2010?
Any and all testing and/or certification requirements in effect prior to August 14, 2008, including those for: architectural glazing, automatic residential garage door openers, bike helmets, bunk beds, candles with metal core wicks, cellulose insulation, lawnmowers, lighters, mattresses, and swimming pool slides Not Stayed
CPSIA testing and certification requirements on lead in paint and other surface coatings on children’s products Not Stayed
CPSIA testing and certification requirements for full-size and non full-size cribs Not Stayed
CPSIA testing and certification for pacifiers Not Stayed
CPSIA testing and certification requirements for small parts Not Stayed
CPSIA testing and certification requirements for limits on lead content of metal components of children’s jewelry Not Stayed
CPSIA certification requirements applicable to ATVs manufactured after April 13, 2009 Not Stayed
Pool drain cover requirements of the Virginia Graeme Baker Pool & Safety Act Not Stayed
Any voluntary guarantees provided for in the Flammable Fabrics Act Not Stayed
Mandatory sleepwear testing required prior to August 14, 2008 Not Stayed
CPSIA testing and certification requirements on total lead content limits (600 ppm) for children’s products* except jewelry Stayed
CPSIA testing and certification requirements on phthalates limits for certain children’s products (1000 ppm)* Stayed
CPSIA testing and certification requirements for toys from voluntary ASTM F-963 standards adoption as regulation* Stayed
CPSIA testing and certification requirements for baby bouncers, walkers, and jumpers* Stayed
*Manufacturers and importers – large and small – of children’s products will not need to test or certify to these new requirements before February 10, 2010, but will need to meet the lead and phthalates limits, mandatory toy standards and other requirements.

For more information:

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products

Stay of Enforcement of Testing and Certification Requirements - Federal Register Notice, February 9, 2009 (PDF)