Brief Summary
Open Requests for Comments and Information
Federal Register Notices
Public Comments
Public Meetings
Records of Commission Action, Ballot Votes, and Staff Briefing Packages
Requirements and Guidelines
Stays of Enforcement
A. General Certification
The new legislation increases the range of products that require testing and certification. Under prior law, certification was generally required only for consumer products subject to standards promulgated by the Commission under the Consumer Product Safety Act. Now, this general certification requirement has been extended to all products subject to bans as well as standards under the CPSA and to products subject to any similar rule, standard, ban, or regulation under any other Act enforced by the Commission. This general certification requirement is sometimes called a "supplier's declaration of conformity." These general conformity certifications do not need to be based on testing done by a third-party laboratory. Certification must be based on a test of the product or a "reasonable testing program." This new general certification requirement goes into effect on November 12, 2008.
B. Third-Party Testing of Children's Products
The new legislation imposes an additional third-party testing requirement for all consumer products primarily intended for children twelve years of age or younger. Every manufacturer (including an importer) or private labeler of a children's product must have its product tested by an accredited independent testing lab and, based on the testing, must issue a certificate that the product meets all applicable CPSC requirements.
CPSC is given authority either to accredit laboratories ("third party conformity assessment bodies") for doing the required testing of children's products or to designate independent accrediting organizations to accredit the testing laboratories, with one exception. The Commission itself must accredit laboratories that are controlled by the manufacturer of the children's product in question. To assure their impartiality, government labs must also meet strict standards of independence. The CPSC must maintain an up-to-date list of accredited labs on its web site. CPSC has authority to suspend or terminate a laboratory's accreditation in appropriate circumstances.
The third-party testing and certification requirements for children's products are phased in on a rolling schedule. The statute requires the CPSC to issue laboratory accreditation regimes for different categories of children's products. Once the CPSC issues the laboratory accreditation requirement for that category of children's products, each children's product in that category that is manufactured more than ninety days after that date must be tested and certified to the applicable requirements. The schedule for CPSC to issue the laboratory accreditation requirements and the certification schedule is set forth on the timeline shown in the chart below.
| | CPSC Publishes Accreditation Procedure | Third-Party Testing Required |
| Lead Paint |
September 22, 2008* |
December 22, 2008 |
| Cribs And Pacifiers |
October 2008 |
January 2009 |
| Small Parts |
November 2008 |
February 2009 |
| Metal Jewelry |
December 2008 |
March 2009 |
| Baby Bouncers, Walkers And Jumpers |
March 2009 |
June 2009 |
| 300 ppm Lead Content |
May 2009 |
August 2009 |
| CPSC Children's Product Safety Rules |
June 2009 |
September 2009 |
C. Certificates
The required certificates, whether general conformity certificates or certificates for children's products based on third-party testing, must be in English and also may be in another language. They must include information on the identity of the manufacturer or private labeler of the product, the testing laboratory, and the date and place of manufacturing and testing the product.
Products without the required certificate cannot be imported or distributed in commerce in the United States. The certificate must accompany the product or product shipment and must be available to CPSC and Customs and Border Protection upon request. Failure to furnish the certificate or furnishing a false certificate can subject the manufacturer or private labeler to civil and criminal penalties.
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* Procedure published in the Federal Register on September 22, 2008. 73 Fed. Reg. 54,564-6
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Requirements Pertaining to Third Party Conformity Assessment Bodies, Notice of Proposed Rulemaking (CPSC Docket no. CPSC-2012-0026), May 24, 2012 - Comments due by August 7, 2012 [Text] [PDF]
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CPSA: Notice of Commission Action on the Stay of Enforcement of Testing and Certification Requirements, February 8, 2011[Text] [PDF]
Consumer Product Safety Act: Notice of Commission Action on the Stay of Enforcement of Testing and Certification Requirements, 16 CFR 1512 (Bicycles), June 17, 2010 [TEXT] [PDF]
Consumer Product Safety Act: Notice of Commission Action on the Stay of Enforcement of Testing and Certification Requirements, December 28, 2009 [TEXT] [PDF]
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Guidance Document: Testing and Certification Requirements Under the Consumer Product Safety Improvement Act of 2008, November 3, 2009 [PDF]
Accreditation Requirements for Third Part Conformity Assessment Bodies to Test to the Requirements for Lead Content in Children's Metal Jewelry as Established by the Consumer Product Safety Improvement Act of 2008, December 5, 2008 [PDF]
Third Party Conformity Assessment Body Accreditation Requirements for Testing Compliance with 16 C.F.R. Part 1501 (Small Parts Regulations), November 4, 2008 [PDF]
Third Party Conformity Assessment Body Accreditation Requirements for Testing Compliance with 16 C.F.R. Part 1508, Part 1509, and Part 1511 (Cribs and Pacifiers), October 6, 2008 [PDF]
Staff memo to the Commission on Laboratory Accreditation Requirements for Testing Compliance with 16 C.F.R. Part 1303[PDF]Back to Top
Draft Notice of Proposed Rulemaking ("NPR") for Requirements Pertaining to Third Party Conformity Assessment Bodies; Staff Recommended Revisions to Draft 1112 NPR, April 13, 2012 [PDF]
Draft Final Rule Titled Audit Requirements for Third Party Assessment Bodies, March 14, 2012 [PDF]
Proposed Rule: Requirements Pertaining to Third Party Conformity Assessment Bodies, March 14, 2012 [PDF]
Accreditation of Laboratory as "Firewalled" Third Party Conformity Assessment Body - Goodbaby Child Product Co., LTD, February 8, 2012 [PDF]
Accreditation of Laboratory as "Firewalled" Third Party Conformity Assessment Body - Milliken Pyroanalytical Center, LTD, February 8, 2012 [PDF]
Technical Staff's Response to Commissioner Nancy A. Nord's Questions Related to Pending Proposals for Testing and Certification, "Representative" Proposal, and Notice for Public Comment Concerning H.R. 2715, October 14, 2011 [PDF]
Notice of Public Hearing: Alternative Testing Requirements for Small Batch Manufacturers with Legal Memorandum, September 23, 2011 [PDF]
Notice: Application of Third Party Testing Requirements; Reducing Third Party Testing Burdens; Request for Comments, September 23, 2011 [PDF]
Final Rule: Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party's Finished Product Testing or Certification, to Meet Testing and Certification Requirements, September 23, 2011 [PDF]
Proposed Rule: Amendment to Regulation on Testing and Labeling Pertaining to Product Certification Regarding Representative Samples for Periodic Testing of Children's Products, September 23, 2011 [PDF]
Final Rule: Testing and Labeling Pertaining to Product Certification, September 23, 2011 [PDF]
Accreditation of Laboratory as "Firewalled" Third Party Conformity Assessment Body, YKK Corporation Analysis Office, Analysis Technology Center, Machinery and Engineering Group, September 14, 2011 [PDF]
Accreditation of Laboratory as "Firewalled" Third Party Conformity Assessment Body, July 28, 2011 [PDF]
Modification to F 963 Notice of Requirements Package, July 18, 2011 [PDF]
Third Party Testing for Certain Children's Products; Toys: Requirements for Accreditation of Third Party Conformity Assessment Bodies, June 29, 2011 [PDF]
Third Party Testing for Certain Children's Products; Clothing Textiles: Revisions to Terms of Acceptance of Children's Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to Commission's Acceptance of Accreditation, April 6, 2011 [PDF]
Third Party Testing for Certain Children's Products; Toddler Beds; Requirements for Accreditation of Third Party Conformity Assessment Bodies, March 23, 2011 [PDF]
Revision to Notice of Requirements - Lead Paint Under 16 C.F.R. 1303, March 23, 2011 [PDF]
Accreditation of Laboratory as "Firewalled" Third Party Conformity Assessment Body, January 28, 2011 [PDF]
Stay of Enforcement of Testing and Certification Requirements for Lead Content, January 24, 2011 [PDF]
This contains a Draft Federal Register (FR) notice. A date in the final FR notice was changed by the Commission. The date, "September 14, 2011" was replaced by the date, "December 31, 2011", throughout the Draft Federal Register notice.
Safety Standards for Full-Size Cribs and Non-Full-Size Baby Cribs, Revision, December 15, 2010 [PDF]
CPSC Staff Response to Questions Regarding the Draft Final Rule for Safety Standards for Full-Size and Non-Full-Size Cribs, December 13, 2010 [PDF]
Third Party Testing for Certain Children's Products; Full-Size and Nonfull-Size Baby Cribs: Requirements for Accreditation of Third Party Conformity Assessment Bodies, December 8, 2010 [PDF]
Third Party Testing for Certain Children's Products; Mattresses, Mattress Pads, and/or Mattress Sets: Revisions to Terms of Acceptance of Children's Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to Commission's Acceptance of Accreditation, November 10, 2010 [PDF]
Third Party Testing for Certain Children's Products; Children's Sleepwear, Sizes 0 Through 6 and 7 Through 14: Requirements for Accreditation of Third Party Conformity Assessment Bodies, October 27, 2010 [PDF]
Third Party Testing for Certain Children's Products; Youth All-Terrain Vehicles: Requirements for Accreditation of Third Party Conformity Assessment Bodies, August 11, 2010 [PDF]
Third Party Testing for Certain Children's Products; Clothing Textiles: Requirements for Accreditation of Third Party Conformity Assessment Bodies, August 9, 2010 [PDF]
Third Party Testing For Certain Children's Products; Mattresses, Mattress Pads, and/or Mattress Sets: Requirements for Accreditation of Third party Conformity Assessment Bodies, August 9, 2010 [PDF]
Third Party Testing for Certain Children's Products; Youth All-Terrain Vehicles: Requirements for Accreditation of Third Party Conformity Assessment Bodies, August 4, 2010 [PDF]
Accreditation of Three Laboratories as "Firewalled" Third Party Conformity Assessment Bodies, August 2, 2010 [PDF]
Third Party Testing for Certain Children's Products; Mattresses, Mattress Pads, and/or Mattress Sets: Requirements for Accreditation of Third Party Conformity Assessment Bodies, July 28, 2010 [PDF]
Third Party Testing for Certain Children's Products; Clothing Textiles: Requirements for Accreditation of Third Party Conformity Assessment Bodies, July 28, 2010 [PDF]
Accreditation of Three Laboratories as "Firewalled" Third Party Conformity Assessment Bodies, July 27, 2010 [PDF]
Third Party Testing for Certain Children's Products; Vinyl Plastic Film; Requirements for Accreditation of Third Party Conformity Assessment Bodies (1645), June 16, 2010 [PDF]
Third Party Testing for Certain Children's Products; Carpets and Rugs; Requirements for Accreditation of Third Party Conformity Assessment Bodies (0613), June 10, 2010 [PDF]
Federal Register Notice Extending Stay Regarding CPSIA Testing and Certification Requirements for Bicycles, May 28 2010 - Ballot vote due June 7, 2010 [PDF]
Commission Response to Petition for Extension of Stay Regarding CPSIA Testing and Certification Requirements for Bicycles, May 14 2010 - Ballot vote due May 21, 2010 [PDF] and Final Response Letter to Petition from CPSC Secretary, May 24, 2010[PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Asssess Conformity with Part 1216 of Title 16, Code of Federal Regulations, (Infant Walkers), May 12, 2010 [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity with Part 1215 of Title 16, Code of Federal Regulations, April 28, 2010 [PDF]
Accreditation of Four Laboratories as "Firewalled" Third Party Conformity Assessment Bodies, April 14, 2010 [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Part Conformity Assessment Bodies to Assess Conformity with Part 1505 and/or Section 1500.86(a)(5) of Title 16, Code of Federal Regulations, (Clacker Balls and Electrically Operated Toys or Articles), April 7, 2010 [PDF]
Proposed Rule: Testing and Labeling Pertaining to Product Certification - Draft Federal Register Notice - April 1, 2010 (Part 1)[PDF]
Proposed Rule: Testing and Labeling Pertaining to Product Certification - Staff Briefing Package - April 1, 2010 (Part 2) [PDF]
Proposed Rule: Conditions and Requirements for Testing Component Parts of Consumer Products, April, 1, 2010 [PDF]
Ballot Vote Sheet: Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity with the Limits on Total Lead in Children's Products, October 7, 2009[PDF]
Proposed Collection; Comment Request - Consumer Product Safety Improvement Act ("CPSIA"); Consumer Product Conformity Assessment Body Registration Form, Ballot Vote Sheet, September 29, 2009 [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity with Parts 1203, 1510, 1512, and 1513 and Section 1500.86(a)(7) and (a)(8) of Title 16, Code of Federal Regulations ("C.F.R."), August 21, 2009 [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Part Conformity Assessment Bodies to Assess the Conformity with Parts 1203, 1510, 1512 and 1513 and Section 1500.86(a)(7) and (a)(8) of Title 15, CFR (Bicycle Helmets, Dive Sticks, Rattles, Bicycles and Bunk Beds), August 11, 2009 [PDF]
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Commission Meeting, Testing and Conformance - Notice of Proposed Rulemaking (NPR) and Testing Component Parts - Notice of Proposed Rulemaking (NPR), April 15, 2010: Webcast, Slides for CPSC Staff Presentation on Component Part Testing, and Slides for CPSC Staff Presentation on Section 102 of the Consumer Product Safety Improvement Act of 2008 - Certification and Testing
CPSC Public Workshop: CPSIA Product Testing, December 10 - 11, 2009
Testing and Certification, October 2, 2008
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(You can find active requests for comments and information above)
Requirements Pertaining to Third Party Conformity Assessment Bodies, Notice of Proposed Rulemaking, COMMENT REQUEST (CPSC Docket no. CPSC-2012-0026), May 24, 2012 [Text] [PDF]
Audit Requirements for Third Party Conformity Assessment Bodies, FINAL RULE, (CPSC Docket no. CPSC-2009-0061), May 24, 2012 [Text] [PDF]
Testing and Labeling Pertaining to Product Certification Regarding Representative Samples for Periodic Testing of Children's Products, Notice of Proposed Rulemaking, REQUEST for COMMENTS, CPSC Docket No. CPSC-2011-0082, November 8, 2011[Text] [PDF]
Testing and Labeling Pertaining to Product Certification, FINAL RULE, CPSC Docket No. CPSC-2010-0038, November 8, 2011[Text] [PDF]
Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party's Finished Product Testing or Certification, to Meet Testing and Certification Requirements, FINAL RULE, CPSC Docket No. 2010-0037, November 8, 2011 [Text] [PDF]
Application of Third Party Testing Requirements; Reducing Third Party Testing Burdens, REQUEST for COMMENTS, CPSC Docket No. CPSC-2011-0081, November 8, 2011 [Text] [PDF]
Alternative Testing Requirements for Small Batch Manufacturers, Notice of Public Hearing, CPSC Docket No. CPSC-2011-0070, COMMENT REQUEST, October 6, 2011 [Text] [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity with the Limits on Phthalates in Children's Toys and Child Care Articles, CPSC Docket No. CPSC-2011-0052, COMMENT REQUEST, August 10, 2011 (5004) [Text] [PDF]
Third Party Testing in Certain Children's Products; Toys: Requirements for Accreditation of Third Party Conformity Assessment Bodies, 16 CFR Chapter II, CPSC Docket No. CPSC-2011-0050, Notice of Requirements, COMMENT REQUEST, August 3, 2011 (5004) [Text] [PDF]
Third Party Testing for Certain Children's Products; Clothing Textiles: Revisions to Terms of Acceptance of Children's Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to Commission's Acceptance of Accreditation, 16 CFR Part 1610, Docket CPSC-2010-0086, Notice of Requirements, April 22, 2011 [Text] [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies - Lead Paint, 16 CFR Part 1303, CPSC Docket No. CPSC-2008-0033, April 5, 2011 - Comments due by May 5, 2011 [Text] [PDF]
CPSA: Notice of Commission Action on the Stay of Enforcement of Testing and Certification Requirements, February 8, 2011[Text] [PDF]
Third Party Testing for Certain Children's Products; Full-Size Baby Cribs and Non-Full-Size Baby Cribs: Requirements for Accreditation of Third Party Conformity Assessment Bodies, December 28, 2010 [Text] [PDF]
Consumer Product Safety Act: Notice of Commission Action Lifting Stay of Enforcement of Certification Requirements for Certain Non-Children's Products, December 27, 2010 [Text] [PDF]
CPSC Final Rule Stage - 171. Testing, Certification, and Labeling of Certain Consumer Products, December 20, 2010 [Text][PDF]
Third Party Testing for Certain Children's Products; Mattresses, Mattress Pads, and/or Mattress Sets: Revisions to Terms of Acceptance of Children's Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to Commission's Acceptance of Accreditation, November 29, 2010 [Text] [PDF]
Third Party Testing for Certain Children's Products; Children's Sleepwear, Sizes 0 Through 6X and 7 Through 14; Requirements for Accreditation of Third Party Conformity Assessment Bodies, November 19, 2010 [Text] [PDF]
Third Party Testing for Certain Children's Products; Youth All-Terrain Vehicles: Requirements for Accreditation of Third Party Conformity Assessment Bodies, Docket No. CPSC-2010-0090, August 27, 2010 - Comments due by September 27, 2010 [Text][PDF]
Third Party Testing for Certain Children's Products; Mattresses, Mattress Pads, and/or Mattress Sets: Requirements for Accreditation of Third Party Conformity Assessment Bodies, Docket No. CPSC-2010-0085, August 18, 2010 - Comments due by September 17, 2010 [Text] [PDF]
Third Party Testing for Certain Children's Products; Clothing Textiles: Requirements for Accreditation of Third Party Conformity Assessment Bodies, Docket No. CPSC-2010-0086, August 18, 2010 - Comments due by September 17, 2010 [Text] [PDF]
Third Party Testing for Certain Children's Products; Carpets and Rugs: Requirements for Accreditation of Third Party Conformity Assessment Bodies, 16 CFR Parts 1630 and 1631, Docket No. CPSC-2010-0078, July 21, 2010 - Comments due by August 20, 2010 [Text] [PDF]
Third Party Testing for Certain Children's Products; Vinyl Plastic Film: Requirements for Accreditation of Third Party Conformity Assessment Bodies, 16 CFR 1611, Docket No. CPSC-2010-0079, July 21, 2010 - Comments due by August 20, 2010 [Text][PDF]
Third Party Testing for Certain Children's Products; Infant Walkers: Requirements for Accreditation of Third Party Conformity Assessment Bodies, 16 CFR Part 1216, (Docket CPSC-2009-0066), June 21, 2010 - Comments due by July 21, 2010 [Text][PDF]
Third Party Testing for Certain Children's Products; Infant Bath Seats; Requirements for Accreditation of Third Party Conformity, 16 CFR 1215 - Docket CPSC-2009-0064, June 4, 2010 Comments due by July 6, 2010 [Text] [PDF] and CORRECTION, June 15, 2010 [Text] [PDF]
Testing and Labeling Pertaining to Product Certification, 16 CFR Part 1107, Notice of Proposed Rulemaking, CPSC Docket No. CPSC-2010-0038, Federal Register Notice, May 20, 2010 [PDF]
Conditions and Requirements for Testing Component Parts of Consumer Products, 16 CFR Part 1109, Notice of Proposed Rulemaking, CPSC Docket No. CPSC-2010-0037, Federal Register Notice, May 20, 2010 [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity with Part 1505 and/or Section 1500.86(a)(5) of Title 16, Code of Federal Regulations - CPSC Docket-2010-0035, April 30, 2010 [TEXT] [PDF]
Consumer Product Safety Act: Notice of Commission Action on the Stay of Enforcement of Testing and Certification Requirements, December 28, 2009 [TEXT] [PDF]
Proposed Collection; Comment Request - Consumer Product Safety Improvement Act; Consumer Product Conformity Assessment Body Registration Form, Docket CPSC-2009-0088, October 29, 2009, Comments due by December 28, 2009[Text] [PDF]
Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity With Parts 1203, 1510, 1512, and/or 1513 and Section 1500.86(a)(7)(and/or (a)(8) of Title 16, September 2, 2009 - Comments due by October 2, 2009 [Text] [PDF]
Request for Comments and Information Mandatory Third-Party Testing for Certain Children's Products Section 102 of the Consumer Product Safety Improvement Act ("CPSIA"): Component Parts - COMMENT REQUEST, January 30, 2009 [PDF]
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Presentations - Public Hearing on Alternative Testing Requirements for Small Batch Manufacturers (October 26, 2011), as of October 25, 2011 [PDF]
Written Comments - Public Hearing on Alternative Testing Requirements for Small Batch Manufacturers (October 26, 2011), as of October 25, 2011 [PDF]
Children's Products Containing Lead - Technological Feasibility of 100 ppm for Lead Content, as of January 25, 2011 [PDF]
Mandatory Third Party Testing for Certain Children's Products [PDF]
Accreditation Requirements for Third Part Conformity Assessment Bodies to Test to Requirements for Lead Content in Children's Metal Jewelry [PDF]
Immediate Final Rule on Certification and Electronic Certificates [TEXT] [PDF]
Federal Register Notice of Third Party Testing for Certain Children's Products; Notice of Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity With Part 1501 of Title 16 CFR (Small Parts) [TEXT] [PDF]
Federal Register Notice of Laboratory Accreditation Requirements for Testing Compliance with 16 C.F.R. Part 1508 (full-size cribs), Part 1509 (non-full-size cribs), and/or Part 1511 (pacifiers) of Title 16, Code of Federal Regulations [TEXT] [PDF]
Federal Register Notice of Laboratory Accreditation Requirements for Testing Compliance with 16 C.F.R. Part 1303 (Lead in Paint Ban) [TEXT] [PDF]
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