CPSIA Reminder: 3rd Party Testing Required for Children's Metal Jewelry Manufactured after March 23, 2009

March 24, 2009

Based on the timeline set forth in the Consumer Product Safety Improvement Act of 2008 (CPSIA), all children’s metal jewelry manufactured after March 23, 2009, must meet the CPSIA lead content limit of 600 parts per million (ppm). Although the Consumer Product Safety Commission (CPSC) issued a one-year stay on the testing and certification requirements of CPSIA in January 2009, the CPSC specifically excluded children’s jewelry from the stay. Furthermore, importers should be aware that by April 14, 2009, the allowable lead content level is lowered to 300 ppm and may be subsequently lowered to 100 ppm if the CPSC determines it technically feasible. 

In addition, each importer or domestic manufacturer of metal children’s jewelry manufactured after March 23, 2009, must have the metal and metal alloy parts of such products tested by a CPSC-accredited third-party laboratory and issue a certificate of compliance with the lead content limit based on that test. Shipments of subject products without certificates of conformity may be refused entry or destroyed by CPSC or U.S. Customs and Border Protection (CBP) officials after their respective effective dates.

In order to aid importers, the CPSC has posted a list of accredited laboratories on its website. In general, these laboratories are accredited by the International Organization for Standards (ISO), Standard ISO/IEC 17025:2005-General Requirements for the Competence of Testing and Calibration Laboratories. The accreditation must be by a body that is a signatory to the International Laboratory Accreditation Cooperation-Mutual Recognition Arrangement and the scope of the accreditation must include testing for compliance with the lead content limit.

A laboratory owned or controlled by a manufacturer or private labeler of products to be tested is subject to additional requirements intended to assure that the CPSC is notified of any attempt by the manufacturer, private labeler, or any other interested party to hide or exert undue influence over test results.

A governmental laboratory may be accredited subject to additional requirements concerning its relationship with the host government and freedom of manufacturers in the host country to use accredited non-governmental laboratories for certification without suffering disadvantage.