In recognition of the new, broader consumer product certification requirements established by the Consumer Product Safety Improvement Act of 2008 (CPSIA) that go into effect for products manufactured on or after November 12, 2008, the Consumer Product Safety Commission (CPSC) has exercised its authority under the Consumer Product Safety Act (CPSA) Section 14(a)(4) and has issued a final rule. This rule:

• Designates the importer as the sole entity that must issue the certificate required by Section 14(a) in the case of an imported product.
  
• Designates the domestic manufacturer as the sole entity that must issue the certificate required by Section 14(a) in the case of a domestically produced product.
  
• Establishes that in the case of an imported product, the certificate must be available to the Commission no later than the time when the product or shipment is available for inspection in the United States.
  
• Establishes that in the case of domestically produced product, the certificate must be available to the Commission upon request before the product or shipment is introduced into domestic commerce.
  
• Establishes that providing the statutorily required certificate information by electronic means can satisfy the requirements of CPSA Section 14(g)(3).
  
• Addresses acceptable means for making electronic certificates available to the Commission and to distributors and retailers in compliance with the requirements of CPSA Section 14(a)(g).
  
• Removes the identification of both foreign manufacturer and private labeler as required certificate content. Previous CPSC guidance indicated that the identifications of both of these entities were required to be included on the certificate.
  
• Applies to the General Conformity Certificates for all consumer products subject to an existing consumer product safety rule, regulation, ban or standard.
  
• Applies to certificates based on third-party testing for specific categories of children’s products which are required on a rolling schedule as designated in section 14(a)(3) of the CPSA.

This final rule is dated November 10, 2008, and it takes immediate effect upon publication in the Federal Register.

Link to: CPSC Immediate Final Rule on Certification and Electronic Certificates.

As a CPSC accredited lab, STR is poised to assist our clients in complying with the new testing and certification requirements under the CPSIA. Our hazard prevention program for toys includes comprehensive design evaluation, safety testing, audit, inspection and responsible sourcing services. For more information, contact us at info@STRQuality.com.

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