Section 103(a) of the new law requires manufacturers to have a tracking label or other distinguishing permanent mark on any consumer product primarily intended for children twelve and younger. The tracking label must contain certain basic information, including the source of the product, the date of manufacture and more detailed information on the manufacturing process such as a batch or run number. The scope of this provision is quite broad in that it applies to all children's products, including, but not limited to, items such as clothing or shoes not just toys and other regulated products. Congress modified the requirement for tracking labels with the phrase “to the extent practicable” recognizing that it may not be practical for permanent distinguishing marks to be printed on small toys and other small products that are manufactured and shipped without individual packaging.
|
The Commission has the authority to issue a rule further defining the detail required in the tracking labels. Moreover, the Commission also has the ability to require in the future that the additional information contained on tracking labels for children's products be expanded to cover all consumer products.
Section 103(c) of the new law also addresses the types of claims a manufacturer can make regarding its compliance with mandatory or voluntary safety rules. After October 12, 2008, no product packaging, advertisements or labels can refer to any safety standard unless the product complies with that standard.
Effective Date: The requirement for tracking labels is effective one year after the date of enactment or August 14, 2009. The requirements prohibiting advertising claims are effective 60 days after enactment or October 13, 2008.
|
|
|
|
|
 |
Statement of Policy: Interpretation and Enforcement Of Section 103(a) of the Consumer Product Safety Improvement Act, July 20, 2009 [PDF]
|
|
|
|
|
|
Statement of Policy Concerning Tracking Label Requirement in Section 103(a) of the Consumer Product Safety Improvement Act ("CPSIA"): Notice of Availability, August 7, 2009 [PDF]
|
|
Statement of Policy Concerning Tracking Label Requirement in Section 103(a) of the CPSIA, July 20, 2009 [PDF]
|
|
Ballot Vote on Statement of Policy Concerning Tracking Label Requirement in Section 103(a) of the CPSIA, July 14, 2009 [PDF]
|
|
Request for Emergency Stay of Enforcement of Tracking Label Requirement in Section 103 of the CPSIA, May 13, 2009 (Record of Commission Action) [PDF]
|
|
|
|
|
|
Request for Emergency Stay of Enforcement of Tracking Label Requirement in Section 103 of the CPSIA, May 13, 2009 (Record of Commission Action) [PDF]
|
|
Request for Emergency Stay of Enforcement of Tracking Label Requirement in Section 103 of the CPSIA (Ballot Vote Sheet), May 4, 2009 and Request for Stay from NAM CPSC Coalition, March 24, 2009 [PDF]
|
|
|
|
|
|
Tracking Labels, May 12, 2009
|
|
|
|
|
|
Notice of Availability of a Statement of Policy: Interpretation and Enforcement of Section 103(a) of the CPSIA, August 19, 2009 [TEXT] [PDF]
|
|
Tracking Labels for Children's Products Under Section 103 of the CPSIA; Notice of Inquiry; Request for Comments and Information, Published Federal Register Notice, February 26, 2009 – Comments due by April 27, 2009 [TEXT] [PDF]
|
|
|
|
|
|
Tracking Labels for Children's Products, Part 1 [PDF]
|
|
Tracking Labels for Children's Products, Part 2 [PDF]
|
|
Tracking Labels for Children's Products, Part 3 [PDF]
|
|
Tracking Labels for Children's Products, Part 4 [PDF]
|
|
For more information on the CPSIA sign-up for our CPSIA e-mail list at https://www.cpsc.gov/about/cpsia/cpsialist.aspx.
This document is an unofficial description of one of the sections of the CPSIA and does not replace or supersede the statutory requirements of the new legislation. The dates used follow the legislation. Some may be subject to change based on final Commission action. These summaries are those of the CPSC staff and have not been reviewed or approved by, and may not necessarily reflect the views of the Commission.