Federal law requires that every children's product be tested by a third-party, CPSC-accepted laboratory for compliance with the applicable federal children's product safety requirements. CPSC has accepted more than 600 laboratories worldwide to perform testing for a variety of requirements for children's products. The specific testing required varies based on the product or product class, the intended age audience, consumer use patterns, and the product's material composition. Firms should pay close attention to these testing requirements and maintain good records to document their compliance.
The domestic manufacturer must ensure that third-party testing was conducted on a children's product that was manufactured domestically, and the importer must ensure that third-party testing was conducted on a children's product that was manufactured overseas.
You may view the list of children’s product safety regulations for which third-party testing and certification are required here.
A single children's product may be required to undergo multiple tests to ensure compliance with different regulatory requirements. Accordingly, to save costs, you may want to identify a single laboratory that the CPSC recognizes as qualified to perform all of the tests that you need to certify that your children's product is compliant. Depending upon the specific requirements of your children's product, however, you may need to use more than one laboratory to perform all of the tests required for your children's product.
Note that there are limited exemptions from testing, such as exemptions for some small batch manufacturers or for some materials determined not to contain lead, phthalates, or certain heavy elements per 16 CFR § 1500.91, 16 CFR part 1251, 16 CFR part 1252, 16 CFR part 1253, and 16 CFR part 1308.
You should also check out our Regulatory Robot. This is a helpful online tool that will walk you through a series of questions to discover the likely applicable requirements in place for your consumer product.
The list of accredited laboratories accepted by the CPSC can be found here. We have also provided this helpful guidance in selecting laboratory.
Note that accreditation is based on individual regulations. Each laboratory that the CPSC has accepted will likely be qualified to test to different children's product safety regulations based on the type of equipment, expertise, and resources that particular laboratory possesses. That means that if your product is subject to more than one children's product safety regulation, you will need to ensure that your chosen laboratory is accredited to perform each and every test required for the product or you will need to use multiple laboratories to support your certification.
No. At a minimum, you must third-party test your first production batch or lot using a third-party, CPSC-accepted laboratory to certify your product. After initial certification, you will need to periodically retest any ongoing production, at least once per year for most firms. However, the regulation allows up to 3 years if you meet certain requirements. You also need to retest your production batch any time a material change has been made that could impact compliance of the product with any applicable children's product safety regulation.
For example, a manufacturer of ink or paint likely does not need to retest each new vat of ink or paint if the manufacturer has taken steps to ensure that no material changes have occurred in the production process or sourcing between batches. Periodic testing of the inks or paints is required, and the manufacturer is best positioned to determine the appropriate frequency. In creating a periodic testing plan or a production testing plan, a company may institute controls over incoming materials into its factory, process controls on the manufacturing floor, additional management controls to minimize variance and risk, and other techniques to have a high degree of assurance about the continued compliance of its goods. Each company will need to analyze its own procedures to determine the appropriate frequency of periodic testing under our regulation.
It depends. If there have been no material changes, then it is likely you do not need to retest each shipment. However, if there have been material changes, or you are uncertain about whether there have been material changes, then it is likely you will need to test each shipment in order to certify your product for compliance. This is a decision you need to make with care considering what you know about the reliability of your supply chain and the manufacturing process.
For example, where an importer exercises little or no control over the manufacturing process of a product or its component parts, it may be difficult or impossible for the importer to have the high degree of assurance necessary for the importer to be able to certify that its children's product complies with all applicable federal consumer product safety requirements. In that situation, an importer likely will need to test each new shipment as if the product were being tested and certified for the first time.
Note that all firms must periodically retest continuing production of children’s products to ensure continuing compliance with all children’s product safety regulations.
16 CFR § 1107.26 requires firms to maintain records of its certificates of compliance, the product's test results from all testing (initial certification, material change, component part, periodic and/or production testing), periodic or production testing plan (if applicable), and any other actions the firm has taken to secure a high degree of assurance that its products comply with the applicable children's product safety regulation for at least 5 years.
Yes. Electronic access to testing and certification records satisfies the 5-year recordkeeping requirement. Manufacturers are not required to maintain records in multiple locations or in multiple forms.
Note that firms are always responsible for complying with CPSC recordkeeping requirements, whether they outsource recordkeeping functions, use electronic methods of recordkeeping, or rely on internally maintained records; therefore, firms may wish to consider the practical and technological issues of recordkeeping when drafting their own recordkeeping policies. When a firm relies on a third party who performed the test(s) and possess(es) the testing and/or certification records to satisfy its own recordkeeping obligations, that manufacturer or importer should consider whether:
- the electronic access to those records is secure;
- the record keeper will maintain the integrity of the data and the records in accordance with CPSC regulations; and
- the record keeper will provide the certifier readily available access for at least the required 5-year period.
Sometimes. Firms may include the statement “Meets CPSC Safety Requirements” or similar on a label to a consumer product and/or its packaging only if the product has been properly certified with a CPC that the product complies with all applicable consumer product safety regulations under the CPSA and with all rules, bans, standards, or regulations applicable to the product under any act enforced by CPSC. Furthermore, firms must not imply that the CPSC has tested, approved, or endorsed the product by using a statement such as “CPSC-approved” or similar.
Undue influence training is training to make sure that manufacturers and their employees do not exert undue influence on testing laboratories to alter test methods or test results that serve as the basis for certifying a product’s compliance under federal law.
Manufacturers and importers are required to make sure “that every appropriate staff member receive training on avoiding undue influence and sign a statement attesting to participation in such training.” Manufacturers and importers must also inform their employees that allegations of undue influence may be reported confidentially to the CPSC and must tell their employees how to make such confidential reports. A digital signature or other electronic attestation (such as a check box), indicating that an employee took the training as part of software or online training, would meet the requirement to “sign a statement attesting to participation in such training.”
Because different firms have different requirements, CPSC does not provide a model undue influence training course.
Reports should be filed with the CPSC’s Office of the Secretary as follows (all reports are confidential):
- Office of the Secretary Contact Form
- Phone: (301) 504-7923 M-F 8:00 am - 4:30 pm Eastern Time Zone in the United States
- Fax: (301) 504-0124 or (301) 504-0025
- Postal mail:
U.S. Consumer Product Safety Commission
4330 East West Highway
Bethesda, MD 20814
Generally, you must retest children's products when there is a material change to the product and periodically after the initial certification of the product. See our material change testing FAQs and periodic testing FAQs for more information.
Any component part changes, such as changing the paint used on a children's toy or changing the product's design or manufacturing process, may also require retesting. See our component part testing FAQs for more information.
Yes. However, these are situational and can be either product- or material-specific. For example, 16 CFR § 1500.91 lists materials that do not need to be third-party tested for total lead content. Firms should carefully review the individual children’s product safety regulation to determine if there is a third-party testing exemption.
There is also testing relief from third-party testing to certain children’s product safety regulations for qualifying and registered small batch manufacturers. For more information, visit our small batch manufacturer business guidance page.