Commercial Information Circulars

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Ref : EIC 111/2/21

10 November 2011

Dear Sirs,

Commercial Information Circular No. 696/2011

US : CPSC's Proposed Rules on Testing and Labeling Pertaining to Product Certification Regarding Representative Samples for Periodic testing of Children's Products and Reducing Third Party Burdens

The US Consumer Product Safety Commission (CPSC) is proposing to amend its regulations on testing and labeling pertaining to product certification regarding representative samples for periodic testing of children's products and is requesting comments on opportunities to reduce the cost of third party testing requirements. Interested parties may submit comments to the CPSC by 23 January 2012. For details, please refer to the FR notices which are available at:
http://www.gpo.gov/fdsys/pkg/FR-2011-11-08/pdf/2011-27686.pdf and 
http://www.gpo.gov/fdsys/pkg/FR-2011-11-08/pdf/2011-27676.pdf.

DETAILS

(I) Periodic Testing using Representative Samples

2. The proposal states that a manufacturer must select representative product samples to be submitted to the third party conformity assessment body for periodic testing. The proposal also requires a manufacturer of a children's product subject to an applicable children's product safety rule to maintain records documenting the testing of representative samples on periodic testing, including the number of representative samples selected and the procedure used to select representative samples, and the basis for inferring compliance of the product manufactured during the periodic testing interval from the results of the tested samples. The record must be maintained for five years and can be maintained electronically or in hardcopy.

(II) Reducing Third Party Testing Burdens

3. The proposal invites public comment on opportunities to reduce the cost of third party testing requirements. Issues inviting comments include:

1. The extent to which the use of materials subject to regulations of another government agency that requires third party testing of those materials may provide sufficient assurance of conformity with an applicable consumer product safety rule, ban, standard, or regulation without further third party testing.

2. The extent to which modification of the certification requirements may have the effect of reducing redundant third party testing by or on behalf of 2 or more importers of a product that is substantially similar or identical in all material respects.

3. The extent to which products with a substantial number of different components subject to third party testing may be valuated to show compliance with an applicable rule, ban, standard, or regulation by third party testing of a subset of such components selected by a third party conformity assessment body.

4. The extent to which manufacturers with a substantial number of substantially similar products subject to third party testing may reasonably make use of sampling procedures that reduce the overall test burden without compromising the benefits of third party testing.

5. The extent to which evidence of conformity with other national or international governmental standards may provide assurance of conformity to consumer product safety rules, bans, standards, or regulations applicable under the Consumer Product Safety Act.

6. The extent to which technology, other than the technology already approved by the CPSC, exists for third party conformity assessment bodies to test or to screen for testing consumer products subject to a third party testing requirement.

7. Other techniques for lowering the cost of third party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations.

ENQUIRIES

4. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5403.

Yours faithfully,

(Ms Cindy CHENG)
for Director-General of Trade and Industry



Note :

While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.