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Small Batch Manufacturers and Third Party Testing

Small Batch Manufacturers and Third Party Testing

     

Small Batch

Yes. Registration will be required every year. For calendar year 2021, registration opened December 2020. Registration is ongoing throughout the year.

Register Now

 

Generally, all manufacturers of children's products must have their children's products third party tested and certified as compliant with applicable children's product safety rules.

Yes, registration in the Small Batch Manufacturers Registry enables a company to be notified electronically regarding a Report of harm involving its products submitted to the CPSC through the publicly available Database. Registration also allows a company to file claims about the alleged material inaccuracy or confidentiality of material contained in a Report and to make comments in response to a Report.

Yes. A small batch manufacturer must always certify its children's products as compliant with the underlying children's product safety rules applicable to each product.

 

For those rules in Group A, the small batch manufacturer must base its Children's Product Certificate on third party testing performed by a CPSC-accepted lab, including third party testing or a certificate of conformity provided by a component part supplier, as described in 16 CFR part 1109.

 

For those rules in Group B, a qualifying small batch manufacturer does have to issue a Children's Product Certificate, but it does not necessarily need to be based on third party testing. It may be based on third party testing (performed by an independent laboratory) and may, instead, be based on first party testing (performed by a manufacturer), a reasonable testing program (performed by a manufacturer), or a certificate of conformity provided by a component part supplier.

Qualifying Small Batch Manufacturers that register now with the CPSC will benefit in a number of ways. After registering, qualifying Small Batch Manufacturers will not be required to third party test for the children’s product safety rules in Group B until the Commission has provided either an alternative testing requirement or an exemption. In addition, registration will allow companies to document that they are entitled to such relief. A registered small batch manufacturer whose business information is published in the Small Batch Manufacturers Registry will be able to direct retailers to the CPSC website for immediate and easy confirmation of the company’s status as a qualifying Small Batch Manufacturer. Through this process, retailers, in turn, will be able to avoid fraudulent claims of exemption.

The Small Batch Manufacturers Registry is the online mechanism by which Small Batch Manufacturers can identify themselves to obtain relief from certain third party testing requirements for children’s products. To register as a Small Batch Manufacturer, an applicant must attest that it satisfies two threshold requirements:

 

First, it must attest that its total gross revenue from the prior calendar year (e.g., calendar year 2020 sales to qualify for calendar year 2021) from the sale of all consumer products is $1,185,492 or less.

 

Second, it must attest that it manufactured no more than 7,500 units of the covered product that qualifies the Small Batch Manufacturer for registration.

A qualifying Small Batch Manufacturer registered with the CPSC would list the Small Batch Manufacturer registration number provided by the CPSC on the Children’s Product Certificate as proof that it was not required to conduct third party testing for any applicable children’s product safety rules in Group B.

The business name, city, and state of a registered small batch manufacturer will be made available to the public, unless, within fifteen calendar days of registration, a business provides CPSC with written notification pursuant to section 6 of the Consumer Product Safety Act. For more information on what this written notification must contain, please click here.

A small batch manufacturer is a qualifying small batch manufacturer if both of the following requirements are satisfied:

 

Income: A small batch manufacturer is defined as a manufacturer whose total gross revenues from the prior calendar year (e.g., calendar year 2020 sales to qualify for calendar year 2021) from the sale of all consumer products is $1,185,492 or less.

 

The term "consumer products" includes both children's products and non-children's products even though third party testing requirements apply only to children's products. It does not include revenues from non-consumer products, like food, drugs, and other items not regulated by the CPSC, but it does include revenues from the sale of consumer products by other businesses the registering company controls, is controlled by, or with which it is under common control.

 

Covered Product: A covered product means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year (i.e., calendar year units of the same product manufactured in 2020 for calendar year 2021 qualification.)

Small Batch Manufacturer registration is done on a calendar year basis. Registration is valid for the calendar year in which a Small Batch Manufacturer registers with the CPSC. For example, if a manufacturer registers for calendar year 2021, then the registration is valid for calendar year 2021. If a manufacturer registers later in calendar year 2021, for instance in May, the registration is valid only for the remainder of calendar year 2021, The manufacturer must register again for calendar year 2022.

Small batch manufacturers must always third party test at a CPSC-accepted laboratory to demonstrate compliance with the following children's product safety rules (Group A):

 

Qualifying small batch manufacturers registered with the Commission may, but are NOT required to, third party test (at an independent, CPSC-accepted laboratory) for the following children's product safety rules (Group B):

With respect to Group B, qualifying small batch manufacturers will need to ensure that the products comply with those regulations and issue a Children's Product Certificate (CPC).  For products with Group B requirements, the CPC does not necessarily need to be based on third party testing (performed by an independent laboratory) and may, instead, be based on first party testing (performed by a manufacturer), a reasonable testing program (performed by a manufacturer), or a certificate of conformity provided by a component part supplier.

Yes, but only if both the importer and the manufacturer of the covered product meet the revenue and unit criteria for small batch manufacturers. For example, an importer that has no more than $1,185,492 in gross revenues qualifies as a small batch manufacturer if it is importing goods from a foreign manufacturer that produces fewer than 7,500 units of a covered product and also has gross revenue less than $1,185,492. On the other hand, an importer that imports goods from a foreign manufacturer that mass produces goods cannot be considered a small batch manufacturer for that product, even if that importer has less than $1,185,492 in gross revenues and is importing fewer than 7,500 units of a product from that foreign manufacturer.

Yes. If the Commission determines, based upon notice and a hearing, that full compliance with a third party testing requirement is reasonably necessary to protect public health and safety, the Commission will not provide to Small Batch Manufacturers an alternative testing requirement or exemption to that testing requirement. In addition, in the event of such a determination, the Commission will discontinue any exemption or alternative already in effect.

Where the information permits the public to readily ascertain the identity of a manufacturer, private labeler, or importer of a consumer product, section 6(a) of the Consumer Product Safety Act (“CPSA”), 15 U.S.C. § 2055(a), requires the Commission to offer the identified firms the opportunity to mark the information as confidential and barred from disclosure pursuant to section 6(a)(2) of the CPSA. Section 6(a)(2) prohibits the Commission from disclosing information that is trade secret and commercial or financial information obtained from a person and privileged or confidential. Section 6(a)(2) incorporates Exemption 4 of the FOIA, 5 U.S.C. § 552(b)(4).

 

To make our decisions about exempt information, the Commission must rely on product manufacturers, private labelers, or importers to mark and identify the portions of the information they believe are proprietary and to justify these claims. In justifying any claims of trade secrets or confidential business information, as defined by CPSA section 6(a)(2) or FOIA Exemption 4, you must address the following factors in a written submission to the Commission:

  1. specifically identify the information claimed to be confidential, and explain why that information is considered to be confidential;
  2. state whether the information claimed to be confidential has ever been released in any manner to a person who was not an employee or in a confidential relationship with the company;
  3. state whether the information so specified is commonly known within the industry or is readily ascertainable by outside persons with a minimum of time and effort;
  4. state how release of the information so specified would be likely to cause substantial harm to the company’s competitive position; and
  5. state whether you are authorized to make claims of confidentiality on behalf of the person or organization concerned. See also the Commission's regulations under the FOIA, 16 CFR part 1015, and pay close attention to sections 1015.18 and 1015.19.

 

The business name, city, and state of the firms listed by the Commission as registered small batch manufacturers may be released, unless a firm’s specific justification addressing these five factors meets the relevant statutory and regulatory criteria.

 

In addition to providing the opportunity to make claims of confidentiality, under section 6(b) of the CPSA, we must provide you with the opportunity to comment on and review this information. These comments must be specific and include documentary evidence, where available. Comments lacking specific information may not support a claim of inaccuracy. After taking your comments into consideration, we may decide to disclose the information. This disclosure may include explanatory statements putting the information into proper context. These statements may be based, in part, on your comments, so please include all relevant information. In addition, we also may release to the public your comments or a summary, unless you request otherwise. Submissions may be sent to the Office of the Secretary at cpsc-os@cpsc.gov. If you need more information on the disclosure notification, please contact our Small Business Ombudsman at: sbo@cpsc.gov

 

We will consider your comments and respond directly to you before releasing any information.

It depends on the children's product and the materials used to manufacture that children's product.

 

Small batch manufacturers will ALWAYS be required to third party test for compliance with certain children's product safety rules (listed in group A, below on this page).

 

Qualifying small batch manufacturers are NOT required to third party test for compliance with certain other children's product safety rules (Group B, below on this page).  All manufacturers and importers of children's products, even those that are small batch manufacturers, must ensure that their children's products are in compliance with the underlying children's product safety rules in Group B and issue a Children's Product Certificate (CPC).  For products with Group B requirements, the CPC does not necessarily need to be based on third party testing (performed by an independent laboratory) and may, instead, be based on first party testing (performed by a manufacturer), a reasonable testing program (performed by a manufacturer), or a certificate of conformity provided by a component part supplier.

The database is the Publicly Available Consumer Product Safety Information Database website of the U.S. Consumer Product Safety Commission, found at www.saferproducts.gov. Through SaferProducts.gov, consumers, child service providers, health care professionals, government officials, and public safety entities can submit a report of harm (Report) involving consumer products. Manufacturers (including importers) and private labelers identified in a Report will receive a copy of the Report and have the opportunity to comment on it. Reports and manufacturer comments are published online for anyone to search and review at www.SaferProducts.gov. Although companies register for the Small Batch Manufacturers Registry by entering the Business Portal of SaferProducts.gov, the Registry is distinct from the Database. While the Database is a searchable online repository of reports of harm or risks of harm involving consumer products, the Small Batch Manufacturers Registry is the vehicle through which qualifying companies register with the Commission to avail themselves of alternative testing requirements or exemptions from third party testing for the children’s product safety rules listed in Group B.

No. Registration as a Small Batch Manufacturer means only that you are not required to third party test for specific covered products. Registration is only effective for those products where no more than 7,500 units of the same product were manufactured in the previous calendar year. Thus, you can register as a Small Batch Manufacturer for one product where you manufactured no more than 7500 units, but still be required to conduct third party testing for other products where you manufactured more than 7500 units. However, the $1,185,492 dollar income limitation applies to the sale of ALL your consumer products, not just covered products.

SaferProducts.gov