Industry News
CPSIA Update: CPSC Posts Guidance on Tracking Label Requirements for Children's Products
TweetJuly 21, 2009
On July 20, 2009, the Consumer Product Safety Commission (CPSC) approved a Statement of Policy providing guidance to the public on the tracking label requirement for children’s products mandated by section 103(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA). Under section 103, all children’s products manufactured on or after August 14, 2009 must be labeled to allow the ultimate purchaser to ascertain (1) the manufacture or private labeler; (2) cohort information (including batch, run number and other identifying information.); and (3) location and date of production.
The primary purpose of these marks is to aid in the quick and effective facilitation of recalls involving children’s products. As with all new requirements, the CPSC anticipates that there will be a period of education when section 103(a) first takes effect and will exercise its discretion with regard to penalizing manufactures and importers for noncompliance.
In its guidance, the CPSC acknowledges that the CPSIA does not require a uniform “one size fits all” labeling system. Rather, the only “uniform” requirement is that the tracking information required be ascertainable from the distinguishing marks made on the children’s product and its packaging. To this end, the CPSC agrees that small volume manufactures or crafters need not create a labeling system incorporating the use of lot, batch, or run numbers so long as such manufacturers can keep adequate records of the components used in their products.
The guidance is also clear that the term manufacturer is defined to include importers. As such, the CPSC recommends that importers work with their foreign manufacturing sources to ensure compliance, because both may be penalized for noncompliance with the section’s requirements.
Finally, the guidance includes a list of circumstances where it may not be required to mark a product or product packaging with the required information. For more information on these circumstances and to read the CPSC’s complete guidance, click here.
Manufactures and importers should also be aware the lead paint ban in children’s products administered by the CPSC is set to become more stringent on August 14, 2009. Under the new standard, any consumer product designed or intended primarily for children under 12 that exceeds 300 parts per million (ppm) (down from 600 ppm) of lead by weight in any accessible part will be considered a hazardous substance and banned. For more on the lead paint ban and other requirements becoming effective on August 14, 2009, click here.
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