CPSC Expands Third Party Testing Requirements for Toys

October 21, 2011

On October 19, 2011, the Consumer Product Safety Commission (CPSC) approved a final regulation that creates a regulatory framework for third party testing of children’s products under the Consumer Product Safety Improvement Act of 2008 (CPSIA). The CPSC passed the final regulations by a vote of 3-2. These new rules expand the definition of a children’s product (for children aged 12 years and under) and require all manufacturers, importers and private labelers to have their toys tested and certified periodically by a third party. Products certified as compliant may now wear a label certifying that it meets CPSC safety requirements.

One of the rules, which will take effect 15 months after publication in the Federal Register, calls for automatic retesting of a product when it undergoes any material change. Such material change would even include the adoption of new sources for component parts of a product. The rule also requires documentation and record keeping of a product’s testing and certification history. Another rule attempts to reconcile CPSIA’s new burdens on manufacturers and importers by allowing companies’ suppliers to conduct testing. This rule will go into effect 30 days after it is published in the Federal Register. The CPSC additionally voted to publish a proposed rule for testing a representative sample of a product (which would be allowed after the initial test of the whole product), as well as a notice seeking public comments on ways to reduce 3^rd party testing costs.

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