CPSC Issues Rule Requiring Audits of Third-Party Testing

May 30, 2012

The U.S. Consumer Product Safety Commission (CPSC) will require periodic audits of entities that conduct third-party testing on children’s products, according to a final rule issued on May 24, 2012. The rule, effective July 23, 2012, implements a section of the Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA). In order to retain accreditation by the CPSC, testing organizations that are operating pursuant to section 14(a)(2) of the CPSA must be deemed compliant with auditing requirements.  Each audit includes two parts: reassessment and examination. Reassessment covers management requirements and technical requirements, and evaluates whether a testing organization’s technical judgment has any undue influence. The CPSC executes the second part of the audit by examining the Consumer Product Conformity Assessment Body Acceptance Registration Form (CPSC Form 223) that third-party testing organizations must resubmit.   

If the CPSC finds that certain requirements are not met, it will then identify such conditions and allow the testing organization a designated amount of time to make corrections.  Failure to achieve these corrections may result in the withdrawal of the testing organization’s accreditation. The law exempts, however, certifying organizations under the Labeling of Hazardous Materials Act (LHAMA), even if they are third-party testing organizations.

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