CPSC Issues Accreditation Requirements for 3rd Party Labs to Test Children’s Electric Toys/Products, Etc.

• electrically operated toys and other electrically operated articles intended for use by children (16 CFR Part 1505);
• clacker balls (16 CFR 1500.86(a)(5)).

Comments are due by June 1, 2010.

CPSIA Requires Third Party Testing of Children’s Products by Accredited Lab

The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires CPSC to issue third-party test lab accreditation requirements for specified children’s product safety rules as well as “all other children’s product safety rules”² on a phased-in, rolling basis. Under the CPSIA, products subject to these rules that are manufactured 90 days after publication of such accreditation requirements have to be tested by a CPSC-accredited third-party lab and certified as having met those requirements.

Products Manufactured After July 29 Require 3rd Party Testing/Certification

Under the terms of the CPSC’s modified stay on third party testing and certification, products such as these electrically operated toys/products and clacker balls do not require such testing/certification until the accreditation requirements for third party labs are published.

CPSC states that the April 30 publication of the accreditation requirements for these products effectively lifts the stay of enforcement with regard to testing and certifications related to 16 CFR Part 1505 and/or 16 CFR 1500.86(a)(5).

As a result, each manufacturer (including the importer) or private labeler of such products must have any such product that is manufactured after July 29, 2010 tested by a third party lab (conformity assessment body) accredited to do so and must issue a certificate of compliance with 16 CFR Part 1505 and/or 15 CFR 1500.86(a)(5) based on the testing.

(See ITT’s Online Archives or 12/29/09 news, (Ref: 09122920) for BP summary of how CPSC will lift the testing and certification stay in stages.)

Labs Will Need to be ILAC-MRA Accredited, Meet Certain ISO Standard, Etc.

For a third party conformity assessment body to be accredited to test children’s products for conformity with the regulations identified above, it will have to be accredited by an International Laboratory Accreditation Cooperation - Mutual Recognition Arrangement (ILAC-MRA) signatory accrediting body, and the accreditation will have to be registered with, and accepted by, the CPSC.

The accreditation will have to be to ISO Standard ISO/IEC 17025:2005,”‘General Requirements for the Competence of Testing and Calibration Laboratories,” and the scope of the accreditation must expressly include testing in compliance with 16 CFR Part 1505 and/or 16 CFR 1500.86(a)(5).

Firewalled and Governmental Labs Must Meet Additional Requirements

Firewalled labs (owned, managed or controlled by a manufacturer or private labeler) and governmental labs (owned or controlled in whole or in part by a government, including foreign) may also be accredited as third-party test labs, provided they meet the following additional requirements in addition to those described above.

Firewalled labs. Among other things, firewalled labs must submit copies of their training documents showing how employees are trained to notify the CPSC immediately and confidentially of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over the lab’s test results.

Government labs. The CPSC may permit accreditation of a government lab if: (i) to the extent practicable, manufacturers or private labelers located in any nation are permitted to choose laboratories that are not owned or controlled by the government of that nation; (ii) the lab’s testing results are not subject to undue influence by any other person, including another governmental entity; (iii) the lab is not accorded more favorable treatment than other laboratories in the same nation who have been accredited; (iv) etc.

Limited Acceptance of Prior Testing

CPSC will accept a certificate of compliance with 16 CFR Part 1505 and/or 16 CFR 1500.86(a)(5) based on testing performed by an accredited third party or governmental third party lab prior to CPSC’s acceptance of its preexisting accreditation provided that the lab’s new accreditation is accepted by June 29, 2010 and provided certain other conditions are met. (See notice for details of these other conditions.)

List of CPSC-Accredited Labs are Maintained on CPSC Web Site

The CPSC maintains on its Web site (see link below) an up-to-date listing of test labs whose accreditations it has accepted and the scope of each accreditation. Once the CPSC adds a lab to that list, the lab may begin testing to support certification.

¹”Children’s products” under the CPSIA are consumer products designed or intended primarily for children 12 years old or younger. In determining whether a consumer product is primarily intended for such children, the CPSIA outlines certain factors to be considered, including a statement by the manufacturer about the intended use of the product, whether the product is represented in its packaging as such a product, etc. (See ITT’s Online Archives or 04/20/10 news, (Ref: 10042015), for BP summary of CPSC proposed rule on this definition.)

²The regulations and products covered by this notice are the first to fall into the “all other” category of children’s product safety rules. CPSC states that as “all other children’s product safety rules” may be subject to interpretation, CPSC continues to evaluate which rules should be included.

(See ITT’s Online Archives or 09/03/09 news, (Ref: 09090315), for BP summary of CPSC lab accreditation requirements for children’s bikes (16 CFR Part 1512), rattles (16 CFR Part 1510), dive sticks (16 CFR Part 1500.86(a)(7) and (a)(8)), bicycle helmets (16 CFR Part 1203), and bunk beds (16 CFR Part 1513).

See ITT’s Online Archives or 09/23/08, 10/23/08, 11/18/08, and 12/23/08 news, (Ref: 08092300), (Ref: 08102310), (Ref: 08111810), and (Ref: 08122315), for BP summaries of CPSC’s lab accreditation requirements for the lead paint/surface coating ban of 16 CFR Part 1303; cribs and pacifier regulations at 16 CFR Parts 1508, 1509 and 1511; the “small parts rule” of 16 CFR Part 1501; and lead content of children’s metal jewelry.)

CPSC contact - Robert “Jay” Howell (e-mail) rhowell@cpsc.gov

CPSC notice (FR Pub 04/30/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-9842.pdf

CPSC site for 3rd-party test lab information, including list of accredited third-party labs, available at http://www.cpsc.gov/about/cpsia/labaccred.html

CPSC Web site on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html