Certification means the issuance of a written Children's Product Certificate (CPC) in which the manufacturer, importer, or private labeler certifies that its children's product complies with all applicable children's product safety rules.
Certification of children's products must be based upon the passing test results from a third-party, CPSC-accepted laboratory. The third-party testing laboratory provides the testing services and results but does not issue the CPC; the manufacturer, importer, or private labeler is responsible for drafting and issuing the CPC.
Per 16 CFR § 1110.7, except as otherwise stated in a specific standard or regulation, the domestic manufacturer or importer (for products manufactured overseas) is responsible for drafting and issuing the CPC based upon passing test results from a CPSC-accepted, third-party laboratory. In cases when an importer issues the certificate, the importer does not need to be located physically within the United States, nor do they need to list a U.S.-based address to comply with elements 3 and/or 4 of the CPC.
The domestic manufacturer or importer of a children’s product that is subject to children’s product safety rules or other standards is always legally responsible for issuing a CPC, even if a third-party testing laboratory, or another third party, drafts or assists with drafting the CPC.
Children’s products subject to a children’s product safety rule require testing and certification. A list of rules requiring testing and a CPC is found here.
Creating a CPC has no cost. The domestic manufacturer or importer may draft the CPC using a word processing software or other similar software. Our CPC business guidance page provides instructions on how to draft a CPC (including examples of CPCs), and the list of citations that require testing and certification to be included in element 2 of a CPC, as applicable, can be found here. Some laboratories and consultants may offer to draft or assist with drafting a CPC for a fee, but their assistance is optional. The CPSC’s Small Business Ombudsman is available to offer assistance for no charge.
CPSC does not require certificates to be filed with the agency at this time, and so no cost to file exists. Rather, certificates must be provided to CPSC upon request. Typically, firms email certificates to CPSC in PDF format.
CPSC is working on an eFiling initiative where importers of regulated consumer products may electronically file certificates of compliance. For more information on eFiling, visit www.cpsc.gov/eFiling.
Section 14(g)(3) of the Consumer Product Safety Act (CPSA) requires CPCs to be “furnished” to distributors and retailers. Additionally, a copy of the CPCs must also be provided immediately (within 24 hours) upon request by CPSC and Customs.
The requirement to “furnish” the CPC is satisfied if the manufacturer or importer provides its distributors and retailers a reasonable means to access the certificate, either physically or electronically. CPSC has codified requirements for electronic CPCs at 16 CFR § 1110.13.
CPSC does not require you to file a CPC with the agency at this time.
CPSC is working on an eFiling initiative where importers of regulated consumer products may electronically file certificates of compliance. For more information on eFiling, visit www.cpsc.gov/eFiling.
The law still requires domestic manufacturers or importers to test and certify products that are sold and shipped directly to consumers. CPSC does not require you to provide the certificate to consumers.
Yes. Our CPC business guidance page provides example CPCs. The manufacturer or importer issuing the CPC is not required to, but may, copy the example layout and include the details pertinent to each certified children’s product. The manufacturer or importer may also use a different format or layout as long as it includes the seven required elements.
The CPC is typically based on passing tests conducted by a third-party, CPSC-accepted laboratory. Certain children’s products may not require testing (see blanket CPC example), but such products would still need to be certified in a CPC.
16 CFR part 1109 also allows for certification based on component part testing or certification, or a third party’s finished product testing or certification, as long as certain conditions are met.
Qualifying and registered Small Batch Manufacturers may rely on means other than third-party testing (such as in-house testing, written statement of assurance, or testing by a laboratory not on CPSC’s list) for certain safety rules. For more information on this potential testing relief, visit our small batch manufacturer business guidance page.
Yes. The law requires each imported and/or domestically distributed shipment to be “accompanied” by the required certificate. However, the certificate can “accompany” the shipment electronically, and does not need to be physically in the shipment as long as certain conditions are met. Under CPSC regulations at 16 CFR § 1110.13, an electronic certificate is “accompanying” a shipment if the certificate is identified by a unique identifier and can be accessed via a World Wide Web URL or other electronic means, provided the URL or other electronic means and the unique identifier are created in advance and are available with the shipment. Minimally, the certificate must be available to Customs and CPSC upon request and may be sent via email.
CPSC requires that CPCs be issued by the domestic manufacturer or the importer. This means that an importer cannot simply pass along a foreign manufacturer’s certificate of conformity; however, the regulation at 16 CFR part 1109 allows an importer to rely on another party’s testing or certification to create a CPC, as long as the importer exercises due care to ensure the validity of the test results and certificate information and has access to the underlying test reports and any other related documentation required in 16 CFR part 1107 (such as test plans).
Yes. Electronic certificates are acceptable provided that CPSC staff has reasonable access to them, they contain all of the information required by section 14(g) of the CPSA, and they comply with any additional requirements for electronic certificates in 16 CFR § 1110.13.
It depends. If each shipment is materially unchanged from the prior shipment, a single CPC may be acceptable; however, the CPC would need to describe the date range of products covered using either batch/lot information or other identifying information (such as actual dates or a production start date).
One CPC may apply to (or “cover”) multiple batches or lots of productions if the firm has exercised an appropriate level of due care to ensure the continued compliance of each additional batch or lot of production with all applicable children’s product safety rules.
For each new shipment or unit of production entering commerce where the date of manufacture is not referenced in the CPC, the CPC may need to be updated to include the manufacture date of the new batch.
No; however, the certifier is legally responsible for the accuracy and integrity of the data supplied on a CPC. Failure to furnish a certificate, to knowingly issue a materially false or misleading certificate, or to comply with any testing or certification requirement in section 14 of the CPSA is subject to CPSC enforcement under several statutes, including 15 U.S.C. 2068(a)(6).
Yes. A registered small batch manufacturer must still certify its children’s products as compliant with the underlying children’s product safety rules applicable to each product; a CPC is always required regardless of whether the firm is a registered small batch manufacturer or not.
Registered small batch manufacturers may be provided relief from third-party testing requirements for Group B rules; however, compliance to Group B rules must still be based on some kind of supporting information (such as first-party testing, a reasonable testing program, or statement of assurance/compliance provided by a supplier).
To signal participation in the program, a registered small batch manufacturer must list its registration number (provided after registering with CPSC) in section 7 of the CPC.
For more information, visit our small batch manufacturer business guidance page.
Neither the statute nor the regulation requires a single certificate per product. Multiple products, especially those that are similar in design and tested together, can be listed on a certificate; however, we generally recommend limiting the listed products to those similar in design.
CPSC is working on an eFiling initiative where importers of regulated consumer products may electronically file certificates of compliance. Under the current eFiling procedures, each product will need its own separate submission. For more information on eFiling, visit www.cpsc.gov/eFiling.
Visit our third-party testing business guidance page.
The revised 16 CFR part 1110 states that the importer responsible for certificates is the Importer of Record (IOR) who is eligible to make entry for imported finished products under the Tariff Act of 1930, as amended (19 U.S.C. 1484(a)(2)(B)). The IOR may be an owner, purchaser, or authorized customs broker. If the IOR is an authorized customs broker, the customs broker may identify the owner, purchaser, or consignee of the finished products who authorized the customs broker to make entry as the party responsible for compliance with CPSC certificate requirements as part of the electronically filed (eFiled) finished product certificate data.
For finished products imported by mail, or for which a de minimis duty exemption under 19 U.S.C. 1321(a)(2)(C) is claimed, the revised 16 CFR part 1110 states that the importer for purposes of CPSC’s certificate requirements is a party eligible to make entry for the finished products pursuant to CBP statutes and regulations, who may be an owner, purchaser, consignee, or authorized customs broker. Accordingly, for direct-to-consumer shipments that are imported or shipments subject to a de minimis duty exemption, the foreign firm may meet the definition of an importer as they would be the owner or purchaser of the products.
For purposes of this rule, CPSC will not typically consider a consumer purchasing or receiving products for personal use or enjoyment to be the importer responsible for certification.