Understanding CPSIA

The Consumer Product Safety Improvement Act (CPSIA) is a 2008 federal law that strengthened the safety requirements for children's products sold in the United States. A children's product is a consumer product designed or intended primarily for children 12 years of age or younger (15 U.S.C. 2052(a)(2)).

Who certifies:

• For a product made outside the United States, the importer issues the certificate (16 CFR 1110.7(a))
• For a product made in the United States, the manufacturer does, or the private labeler if the product is privately labeled and the manufacturer doesn't (16 CFR 1110.7(b))
• The certifier must furnish the certificate to each distributor and retailer of the product (16 CFR 1110.13(b))

Key requirements:

1. Third-party testing — a children's product that is subject to a children's product safety rule must be tested by an accredited third-party lab before it is imported or distributed (15 U.S.C. 2063(a)(2)). "Children's product safety rule" is broad: it includes any rule, ban, standard, or regulation that CPSC enforces (15 U.S.C. 2063(f)(1)).
2. Children's Product Certificate (CPC) — issued based on that testing; it must accompany the product or shipment (16 CFR 1110.13(a)).
3. Tracking marks — permanent, distinguishing marks on the product and its packaging, to the extent practicable (15 U.S.C. 2063(a)(5)).
4. Periodic testing — third-party testing at least once a year, or once every two or three years under the options in 16 CFR 1107.21. A material change to the product means new testing and a new CPC (16 CFR 1107.23(a)).

WARNING: Whether a product is "primarily" for children 12 or younger is weighed against four factors: the manufacturer's reasonable statement of intended use, how the product is packaged, displayed, promoted, or advertised, whether consumers commonly recognize it as intended for children that age, and CPSC's Age Determination Guidelines (15 U.S.C. 2052(a)(2)). When in doubt, get advice from a qualified lab or compliance counsel.