Consumer Product Safety Act of 2008
Effective Nov, 12, 2008
It is a new requirement that became law on August 14, 2008 under
the Consumer Product Safety Act of 2008. The law requires
that manufacturers and importers must certify in writing that any
products being imported for warehousing and/or consumption must
conform with the rules, bans, regulations or standards administered
by the Consumer Product Safety Commission. The certification must
be based upon a test of each product or upon a "reasonable testing
What Products Does The New Law Apply To?
This requirement applies to almost every category of consumer goods
including, but not limited to: Fabrics Wearing Apparel Toys Jewelry
Sporting Goods Refrigerators Furniture Hazardous Materials All-Terrain
Vehicles Pharmaceuticals Subject To Child-Resistant Cap Standards
Certain products that are imported for testing, for trade shows
or for re-export, etc. may be excluded from the requirement. The
certification requirement WOULD apply if any of these products were
later sold for consumption in the United States.
*A separate certificate (or certificates) is required for each product
in the container. If no certificate is issued, or if a false certificate
is found to be on hand, the shipment maybe refused admission and
may be destroyed.
Every Manufacturer of a product that is subject to a consumer
product safety rule, ban, standard or regulation and is imported
for consumption, warehousing, or is distributed in commerce must
certify. The term "manufacturer" applies to importers as well as
foreign and domestic manufacturers. In the even that the product
bears a private label, the private labeler would also be required
to issue a certificate. If the product is imported, the foreign
manufacturer and the importer both must certify unless the Commission,
by rule, exempts one or the other of the responsibility. They can
certify jointly if they choose, but if the importer is not listed
on the manufacturer's certification, then the importer will still
be responsible for preparing their own certification. Test labs
will not be able to issue section 14 certifications.
What Kind Of Testing Is Required?
must be based on a test of each product or upon a "reasonable testing
program". The testing must provide reasonable assurance that the
product meets all requirements of the standard. Testing should be
stringent enough to detect variations that would cause a product
to fail. The Commission may prescribe a reasonable testing program
and may require that an independent third party perform the testing.
For children's products, Congress set a schedule under which all
certification must eventually be based on third party testing.
Needs To Be On The Certification?
certification must include the full contact information of the manufacturer
and the importer, as well as the person maintaining the records
of the test results upon which the certification is based. It must
reference the specific standard to which the product is subject
and it must indicate the place and date of manufacture.
Electronic Certificates of Conformity
and manufacturers will have the option to provide the certificates
of conformity that will be required for all consumer products via
electronic means. CPSC must have reasonable access to the certificate
electronically and the certificate must contain all of the required
information. The electronic certificate still must accompany the
shipment. It will be considered to be "accompanying" if:
the certificate is identified by a unique identifier and can
be accessed via a World Wide Web URL or other electronic mean
the URL or other electronic means and the unique identifier
are created in advance and are available with the shipment.
Does This Go Into Effect?
new law goes into effect on November 12, 2008. Thus,
any products manufactured on or after November 12th of this year
will be subject to proper certification.