Commercial Information Circulars

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Ref : EIC 111/2/21

4 September 2009

Dear Sirs,

Commercial Information Circular No. 457/2009

US : Requirements for Accreditation of Third Party Conformity Assessment Bodies to Assess Conformity with Specific CPSC Regulations Relating to Bicycle Helmets, Dive Sticks and Similar Articles, Rattles, Bicycles and Bunk Beds

The US Consumer Product Safety Commission (CPSC) published in the Federal Register (FR) notice of 2 September 2009 providing the criteria and process for CPSC acceptance of accreditation of third party conformity assessment bodies for testing pursuant to specific CPSC regulations relating to bicycle helmets, dive sticks and similar articles, rattles, bicycles, and bunk beds. These accreditation requirements became effective on 2 September 2009 but the CPSC will stay its enforcement of these accreditation requirements at least until 10 February 2010. Interested parties may submit comments on the accreditation requirements to the CPSC by 2 October 2009. A copy (pdf format) of the FR notice is appended to this circular for reference.

DETAILS

2. Section 14(a)(3)(B)(vi) of the US Consumer Product Safety Act (CPSA), as added by Section 102(a)(2) of the US Consumer Product Safety Improvement Act of 2008 (CPSIA), directs the CPSC to publish a notice of requirements for accreditation of third party conformity assessment bodies to assess children's products for conformity with "other children's product safety rules". Section 14(f)(1) of the CPSA defines "children's product safety rule" as "a consumer product safety rule under [the CPSA] or similar rule, regulation, standard, or ban under any other Act enforced by the CPSC, including a rule declaring a consumer product to be a banned hazardous product or substance". Under Section 14(a)(3)(A) of the CPSA, each manufacturer (including the importer) or private labeller of products subject to those regulations must have products that are manufactured more than 90 days after the CPSC's publication of the applicable accreditation rule, tested by a third party conformity assessment body accredited to do so and must issue a certificate of compliance with the applicable regulations based on that testing. However, the CPSC will stay its enforcement of these accreditation requirements at least until 10 February 2010; the date reflects the stay of enforcement that the CPSC published in the FR on 9 February 2009.
    
3. The FR notice provides the criteria and process for CPSC acceptance of accreditation of third party conformity assessment bodies for testing pursuant to the following regulations:

• Title 16, Code of Federal Regulations, Part 1203 (16 CFR Part 1203), Safety Standard for Bicycle Helmets (insofar as bicycle helmets that are "children's products" are concerned);
   
• Title 16, Code of Federal Regulations, Sections 1500.86(a)(7) and (a)(8) (16 CFR 1500.86(a)(7) and (a)(8)), Exemptions from Classification as a Banned Toy or other Banned Article for use by Children. (The cited provisions pertain to dive sticks and "similar articles".);
   
• Title 16, Code of Federal Regulations, Part 1510 (16 CFR Part 1510), Requirements for Rattles;
   
• Title 16, Code of Federal Regulations, Part 1512 (16 CFR Part 1512), Requirements for Bicycles (insofar as bicycles that are "children's products" are concerned); and/or 
   
• Title 16, Code of Federal Regulations, Part 1513 (16 CFR Part 1513), Requirements for Bunk Beds.

Although Section 14(a)(3)(B)(vi) of the CPSA directs the CPSC to publish a notice of requirements for accreditation of third party conformity assessment bodies to assess conformity with "all other children's product safety rules", the FR notice of requirements is limited to the regulations identified immediately above.

Baseline third party conformity assessment body accreditation requirements

4. For a third party conformity assessment body to be accredited to test children's products for conformity with the regulations identified in the FR notice, it must be accredited by an International Laboratory Accreditation Cooperation — Mutual Recognition Arrangement (ILAC–MRA) signatory accrediting body, and the accreditation must be registered with, and accepted by, the CPSC. A listing of ILAC–MRA signatory accrediting bodies is available on the Internet at http://ilac.org/membersbycategory.html. The accreditation must be to the International Organization for Standardization (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 to 16 CFR Parts 1203, 1510, 1512, and/or 1513; and/or 16 CFR 1500.86(a)(7) and (a)(8). A true copy, in English, of the accreditation and scope documents demonstrating compliance with these requirements must be registered with the CPSC electronically.

Additional accreditation requirements for firewalled conformity assessment bodies

5. Firewalled conformity assessment bodies seeking accredited status must submit to the CPSC copies, in English, of their training documents showing how employees are trained to notify the CPSC immediately and confidentially of any attempt by the manufacturer, private labeller or other interested party to hide or exert undue influence over the third party conformity assessment body's test results. This additional requirement applies to any third party conformity assessment body in which a manufacturer or private labeller of a children's product to be tested by the third party conformity assessment body owns an interest of 10 percent or more. The CPSC must formally accept, by order, the accreditation application of a third party conformity assessment body before the third party conformity assessment body can become an accredited firewalled conformity assessment body.

Additional accreditation requirements for governmental third party conformity assessment bodies

6. In addition to the baseline accreditation requirements, the CPSIA permits accreditation of a third party conformity assessment body owned or controlled, in whole or in part, by a government if:

• To the extent practicable, manufacturers or private labellers located in any nation are permitted to choose conformity assessment bodies that are not owned or controlled by the government of that nation;
   
• The third party conformity assessment body's testing results are not subject to undue influence by any other person, including another governmental entity;
   
• The third party conformity assessment body is not accorded more favourable treatment than other third party conformity assessment bodies in the same nation who have been accredited;
   
• The third party conformity assessment body's testing results are accorded no greater weight by other governmental authorities than those of other accredited third party conformity assessment bodies; and
   
• The third party conformity assessment body does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other governmental authorities controlling distribution of products based on outcomes of the third party conformity assessment body's conformity assessments.

The CPSC will accept the accreditation of a governmental third party conformity assessment body if it meets the baseline accreditation requirements and meets the additional conditions stated above. To obtain this assurance, CPSC staff will engage the governmental entities relevant to the accreditation request.

Way for a third party conformity assessment body applying for acceptance of its accreditation

7. The CPSC has established an electronic accreditation acceptance and registration system accessed via the CPSC's website at http://www.cpsc.gov/businfo/labaccred.html. The applicant provides, in English, basic identifying information concerning its location, the type of accreditation it is seeking, and electronic copies of its ILAC-MRA accreditation certificate and scope statement, and firewalled third party conformity assessment body training document(s), if relevant. CPSC staff will review the submission for accuracy and completeness. In the case of baseline third party conformity assessment bodies and government-owned or government-operated conformity assessment bodies, when that review and any necessary discussions with the applicant are satisfactorily completed, the third party conformity assessment body in question is added to the CPSC's list of accredited third party conformity assessment bodies at http://www.cpsc.gov/businfo/labaccred.html. In the case of a firewalled conformity assessment body seeking accredited status, when the staff's review is complete, the staff transmits its recommendation on accreditation to the CPSC for consideration. If the CPSC accepts a staff recommendation to accredit a firewalled conformity assessment body, the firewalled conformity assessment body will then be added to the CPSC's list of accredited third party conformity assessment bodies. In each case, the CPSC will notify the third party conformity assessment body electronically of acceptance of its accreditation. All information to support an accreditation acceptance request must be provided in the English language. Once the CPSC adds a third party conformity assessment body to the list, the third party conformity assessment body may then begin testing of children's products to support certification of compliance with the regulations identified in the FR notice.

Limited acceptance of children's product certifications based on third party conformity assessment body testing prior to the CPSC's acceptance of accreditation

8. The CPSC will accept a certificate of compliance with 16 CFR Parts 1203, 1510, 1512, and/or 1513; and/or 16 CFR 1500.86(a)(7) and (a)(8) based on testing performed by an accredited third party or governmental third party conformity assessment body: (i) on or after 16 May 2008 (90 days before the CPSIA's enactment) and through the expiration of the stay of enforcement announced in the FR on 9 February 2009, and (ii) before the CPSC's acceptance of the third party conformity assessment body's pre-existing accreditation, provided that accreditation is accepted by 31 December 2009 or 30 days before the CPSC terminates the stay of enforcement that was originally announced in the FR on 9 February 2009, whichever date is later, if:

• The third party conformity assessment body was ISO/IEC 17025 accredited by an ILAC–MRA member at the time of the test;
   
• The accreditation scope in effect for the third party conformity assessment body at that time expressly included testing to the regulations identified in the FR notice;
   
• The third party conformity assessment body's accreditation application is received by the CPSC under the procedures of the FR notice by 2 November 2009; and
   
• The third party conformity assessment body's accreditation and inclusion of the regulations identified in the FR notice in its scope remains in effect through the effective date for mandatory third party testing and manufacturer/private labeller certification for the relevant rule identified in the FR notice.

Testing performed by a firewalled conformity assessment body before the CPSC's acceptance of its accreditation cannot be used as the basis for certification by a manufacturer or private labeller having a 10 percent or greater ownership interest in the third party conformity assessment body.

Accreditation requirements of third party conformity assessment bodies to assess conformity with "all other children's product safety rules"

9. The CPSC staff is continuing to evaluate which rules, regulations, standards, or bans are "children's product safety rules". The CPSC intends to issue additional notices of accreditation requirements for other rules which the CPSC determines to be "children's product safety rules". Traders are advised to regularly visit the Information Page on the CPSIA on the CPSC's website at http://www.cpsc.gov/about/cpsia/cpsia.html to keep touch of further developments of the issue. 

ENQUIRIES

10. For enquiries concerning the content of this circular, please contact the undersigned at 2398 5682.

Yours faithfully,

(Miss Bonny CHAO)

for Director-General of Trade and Industry