Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2/21

10 November 2011

Dear Sirs,

Commercial Information Circular No. 697/2011

US : CPSC's Final Rules on Third Party Testing and Component Part Testing

The US Consumer Product Safety Commission (CPSC) issued in the Federal Register (FR) of 8 November 2011 two final rules to adopt third party testing and component part testing. The FR notices are available at:
http://www.gpo.gov/fdsys/pkg/FR-2011-11-08/pdf/2011-27678.pdf and http://www.gpo.gov/fdsys/pkg/FR-2011-11-08/pdf/2011-27677.pdf.

DETAILS

(I) Third Party Testing and Labeling Pertaining to Product Certification

2.The CPSC issued a final rule that establishes protocols and standards with respect to certification and continued testing for children's products. The final rule also establishes requirements for labeling of consumer products to show that the product complies with the certification requirements under CPSA. The final rule will become effective on February 8, 2013 and applies to products manufactured after that date.

1. General Requirements

   Manufacturers are required to submit a sufficient number of samples of a children's product, or samples that are identical in all material respects to the children's product, to a third party conformity assessment body for testing to support certification. The number of samples selected must provide a high degree of assurance that the tests conducted for certification purpose accurately demonstrate the ability of the children's product to meet all applicable children's product safety rules.

2. Periodic Testing

   Manufacturers must conduct third party periodic testing at least annually. This testing is to ensure that children's products manufactured after the issuance of a Children's Product Certificate, or since the previous periodic testing was conducted, continue to comply with all applicable children's product safety rules. Periodic testing can use component part testing to ensure compliance with some or all of the applicable children's product safety rules.

3. Material Change

   If a children's product undergoes a material change in product design or manufacturing processes, including the sourcing of component parts that could affect the product's ability to comply with the applicable children's product safety rules, the final rule requires the manufacturer to submit samples of the materially changed product to a third party conformity assessment body for testing.

4. Undue Influence

   Manufacturers of children's products are required to establish procedures to safeguard against the exercise of undue influence by a manufacturer on a third party conformity assessment body.

5. Recordkeeping

   Manufacturers of children's products should keep the following records:

   • A copy of the Children's Product Certificate for each product.
   • Records of each certification test.
   • Records of one of the following for periodic tests of a children’s product:
     • Periodic test plan and periodic test results;
     • Production testing plan, production test results, and periodic test results; or
     • Testing results of tests conducted by a testing laboratory accredited to ISO/IEC 17025:2005 and periodic test results.
   • Records of descriptions of all material changes in product design, manufacturing processes, and sourcing of component parts, the certification tests, the test results, and the actual values of the tests, if any; and
   • Records of the undue influence procedures.

6. Consumer Product Labeling Program

   The final rule establishes a program by which any manufacturer or private labeler of a consumer product may label product as complying with the applicable certification requirements for the product. If the manufacturer has certified that a consumer product complies with all applicable consumer product safety rules, the manufacturer or private labeler may affix a label to the product which states that the product: "Meets CPSC Safety Requirements."

(II) Component Part Testing

3.The CPSC adopted the conditions and requirements for relying on testing or certification of either component parts of consumer products, or another party's finished product, or both, to demonstrate, in whole or in part, compliance of a consumer product with all applicable rules, bans, standards, and regulations to support a children’s product certificate; as part of the standards and protocols for continued testing of children’s products; or to meet the requirements of any other rule, ban, standard, guidance, policy, or protocol regarding consumer product testing that does not already directly address component part testing. The final rule will take effect from 8 December 2011.

ENQUIRIES

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

Yours faithfully,

(Ms Cindy CHENG)

for Director-General of Trade and Industry