In general, all manufacturers and importers of children’s products must have their products third-party tested at a CPSC-accepted laboratory and certified as compliant in a Children’s Product Certificate (CPC) to applicable CPSC rules and requirements. Under section 14(d)(4) of the Consumer Product Safety Act (CPSA), 15 U.S.C. § 2063(d)(4), Small Batch Manufacturers may be provided relief from third-party testing to certain children’s product safety rules, designated as Group B requirements (see step 4 below). To qualify as a Small Batch Manufacturer, firms must meet two criteria as detailed in step 1 below. Further, a manufacturer who otherwise meets the qualifications of a Small Batch Manufacturer must register with the CPSC. However, please note that registered Small Batch Manufacturers must still comply with all applicable CPSC product safety requirements and must still prove compliance with those requirements through the issuance of a CPC. Compliance with CPSC tracking label requirements, as well as other applicable labeling requirements, is also mandatory, regardless of Small Batch Manufacturer status.
To take advantage of potential testing relief as a Small Batch Manufacturer, and to ensure their products comply with all applicable CPSC safety requirements, firms should consider the following steps:
- Check the Small Batch Manufacturer qualification requirements.
- If you qualify, you must register as a Small Batch Manufacturer on Saferproducts.gov.
- Recertify annually to continue receiving potential testing relief as a Small Batch Manufacturer.
- Determine which requirements for each children’s product fall into Group A and Group B. Small Batch Manufacturers do not receive any relief from Group A requirements but may be able to receive relief for applicable Group B requirements.
- Visit the CPSC Regulatory Robot for help on determining which requirements apply: https://business.cpsc.gov/robot.
Step 1: Check the Small Batch Manufacturer qualification requirements. A firm qualifies as a Small Batch Manufacturer if:
- The firm’s total gross revenue from the prior calendar year (e.g., calendar year 2021 sales to qualify for calendar year 2022) from the sale of ALL consumer products is $1,337,894 or less; and
- No more than 7,500 units of a covered product were manufactured in the previous calendar year.
Simply qualifying as a Small Batch Manufacturer does not automatically provide firms with any relief; firms MUST register with the CPSC to be granted potential relief from third-party testing.
Step 2: If you qualify, you must register as a Small Batch Manufacturer on Saferproducts.gov:
Step 3: Registration is valid for the current calendar year only, and firms must recertify every year to maintain their Small Batch Manufacturer status. Firms will receive an email reminder in December directing them to recertify for the upcoming year.
Step 4: Determine which requirements for each children’s product fall into Group A versus Group B.
Group A: Small Batch Manufacturers do not receive any testing burden relief from Group A requirements. Testing to the Group A requirements must always be conducted by a third-party, CPSC-accepted laboratory. Group A requirements are specifically listed at 15 U.S.C. § 2063(d)(4)(C) and are as follows:
- Lead in paint and similar surface coating [16 CFR part 1303]
- Cribs, play yards, strollers, and other “durable infant or toddler products” as listed at 16 CFR § 1130.2(a)
- Pacifiers [16 CFR part 1511]
- Small parts [16 CFR part 1501]
- Lead in children’s metal jewelry [15 U.S.C. § 1278a]
- Baby bouncers, walkers, and jumpers [16 CFR § 1500.86(a)(4)]
Group B: Small Batch Manufacturers may certify compliance to applicable Group B requirements in several alternative ways: first-party testing conducted in-house, testing conducted by a non-CPSC-accepted laboratory, receiving a written statement of assurance from a supplier, or through other various means. However, if one or more of these alternative compliance methods is not available to the Small Batch Manufacturer, then third-party testing at a CPSC-accepted laboratory must be conducted to prove compliance with applicable Group B safety requirements. Group B requirements are any safety rule or requirement that is not listed under Group A. The following is a sampling of the CPSC rules and requirements that fall under Group B:
- Total lead content [15 U.S.C. § 1278a]
- Bicycle helmets [16 CFR part 1203]
- Children’s toys (ASTM F963) [16 CFR part 1250]
- Phthalates [16 CFR part 1307]
- All-terrain vehicles [16 CFR part 1420]
- Clacker balls [16 CFR § 1500.86(a)(5)]
- Dive Sticks [16 CFR § 1500.86(a)(7) and (8)]
- Electronically operated toys [16 CFR part 1505]
- Rattles [16 CFR part 1510]
- Bicycles [16 CFR part 1512]
- Bunk beds [16 CFR part 1513]
- Clothing Textiles and Wearing apparel [16 CFR part 1610]
- Vinyl plastic film [16 CFR part 1611]
- Children’s sleepwear [16 CFR part 1615 and 1616]
- Carpets and rugs [16 CFR part 1630 and 1631]
- Mattresses and mattress pads [16 CFR part 1632]
- Mattresses and mattress sets [16 CFR part 1633]
Step 5: Visit the CPSC Regulatory Robot for additional help on determining which requirements may apply: https://business.cpsc.gov/robot.
For more information on Small Batch Manufacturers, please see FAQs below, or visit the FAQs page.
For more information, please contact CPSC as follows: