CPSC Extends Stay of Enforcement on Testing and Certification Requirements for Many Children's Products

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December 18, 2009

Today, the Consumer Product Safety Commission (CPSC) voted unanimously to extend the stay of enforcement on the testing and general conformity certificate (GCC) requirements contained in the 2009 Consumer Product Safety Improvement Act (CPSIA). The stay of enforcement pertains only to specific CPSC testing requirements, the products must still comply with all applicable rules and bans.

For children’s products, the continued stay of enforcement will include the phthalates ban in toys and care articles, toys subject to the ASTM’s F-963 toy safety standard, caps and toy guns, clacker balls, baby walkers, bath seats, other durable infant products, electrically operated toys, youth all terrain vehicles, youth mattresses, children’s bicycles, carpets, vinyl plastic film and children’s sleepwear.

The stay will remain in effect for these standards while the CPSC continues to work toward recognizing labs. Independent third-party testing and certification will only be required 90 days after the CPSC publishes laboratory accreditation requirements for the applicable ban, standard or rules, in the Federal Register.

Unchanged is the current independent third party testing and certification required for all children’s products subject to the following consumer product safety rules:

• The ban on lead in paint and other surface coatings
• The standards for full-size and non full-size cribs and pacifiers
• The ban on small parts
• The limits on lead content of metal components of children’s jewelry

Additionally, on December 18, 2009 the Commission voted 4-1 to extend the stay on certification and third party testing for children’s products subject to lead content limits until February 10, 2011. Under the decision, products must still meet the 300 ppm lead limit now, but certification and third party testing to verify compliance will only be required for products manufactured after February 10, 2011.

However, on February 10, 2010 the stay of enforcement for bicycle helmets, bunk beds, infant rattles and dive sticks will terminate. If manufactured after that date, importers and producers will be require having certification bases on an independent testing, that their products comply with all applicable bans, standards and rules. The third-party testing must also be conducted by a laboratory recognized by the CPSC.

Although manufactures and importers are not required to test nonchildren’s products using an independent third party laboratory, under the CPSIA they must certify that these products comply with all applicable CPSC regulations by issuing a general certificate of conformity (GCC).

A GCC will be required for some nonchildren’s products manufactured after February 10, 2010. These products include: architectural glazing materials, ATVs, adult bunk beds, candles with metal wicks, CB antennas, contact adhesives, cigarette lighters, multipurpose lighters, among other things.

The Commission has decided not to require GCCs for children’s products. A full list of required certifications and effective dates can be found here. The chart shows which products remain subject to the stay of certification and which do not.

The stay of enforcement will remain in effect for certain categories of nonchildren’s products including adult bicycles, carpets and rugs, vinyl plastic film and wearing apparel. General certificates of conformity are currently required for pool drain covers.