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New United States CPSC Rules


New Consumer Product Safety Commission (CPSC) Rules on acceptance of testing laboratories and guidance related to phthalates.

To: CPSC-accepted testing laboratories, their accreditation bodies, and other parties interested in Consumer Product Safety Commission (CPSC) Acceptance of Testing Laboratories

On March 12, 2013 The United States Consumer Product Safety Commission issued a final rule on Requirements Pertaining to Third Party

Conformity Assessment Bodies.

The rule established requirements pertaining to the third party conformity assessment bodies (laboratories) whose accreditations are accepted to test children’s products in support of the certification required by the Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act of 2008 (CPSIA). The final rule establishes the general requirements concerning third party conformity assessment bodies, such as the requirements and procedures for CPSC acceptance of the accreditation of a third party conformity assessment body, and it addresses adverse actions that may be imposed against CPSC-accepted third party conformity assessment bodies. The final rule also amends the audit requirements for third party conformity assessment bodies and amends the Commission’s regulation on inspections.

The rule is effective June 10, 2013.

FOR FURTHER INFORMATION CONTACT:

Scott Heh, Office of Hazard Identification and Reduction, U.S. Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; 301-504-7646; email: sheh@cpsc.gov.

The rule covers many aspects of the CPSC program for the acceptance of third party testing laboratories and also establishes effective dates for required third party testing to support certifications of compliance to new standards, such as:

ASTM F963-11 Standard Consumer Safety Specifications for Toy Safety

16 CFR part 1221, Safety Standard for Play Yards

16 CFR part 1224, Safety Standard for Portable Bedrails

Third-party testing is required to support a certification of compliance to the standards shown above for toys, play yards, and portable bedrails that are manufactured after June 10, 2013. These standards are added to the list of standards that already required third party testing.

The rule is designated 16 CFR part 1112 and is located at the following links:

http://www.cpsc.gov/Regulations-Laws–Standards/Federal-Register-Notices/2013/Requirements-Pertaining-to-Third-Party-Conformity-Assessment-Bodies/

and the pdf version http://www.gpo.gov/fdsys/pkg/FR-2013-03-12/pdf/2013-04649.pdf

General information on CPSC Acceptance of Testing Laboratories is posted at http://www.cpsc.gov/en/Business–Manufacturing/Lab-Accreditation/

Also, for your information

Section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), as amended by Public Law 112–28, provides that the prohibition on specified products containing phthalates does not apply to any component part of children’s toys or child care articles that is not accessible to a child through normal and reasonably foreseeable use and abuse of such product. In this document, CPSC issues guidance on inaccessible component parts in children’s toys or child care articles subject to section 108 of the CPSIA.

Children’s Toys and Child Care Articles Containing Phthalates; Final Guidance on Inaccessible Component Parts, 16 CFR Part 1199.

FINAL RULE at http://www.cpsc.gov/Regulations-Laws–Standards/Federal-Register-Notices/2013/Childrens-Toys-and-Child-Care-Articles-Containing-Phthalates-Final-Guidance-on-Inaccessible-Component-Parts-16-CFR-Part-1199-FINAL-RULE-February-14-2013/

And the pdf version at http://www.gpo.gov/fdsys/pkg/FR-2013-02-14/pdf/2013-03400.pdf