Background

On May 20, 2010, the Commission issued a notice of proposed rulemaking addressing the ability of using component part testing to meet the CPSIA testing and certification requirements. The revised final rule creates a new 16 CFR 1109, which describes the requirements for using component part testing as the basis for issuing certificates for adult products or children’s products. This rule will allow the importer or the domestic manufacturer to rely on finished product testing or certification provided by a foreign supplier, as long as they meet the applicable CPSIA rules.

Summary of the Final Rule

> The Final Rule was written to reduce testing costs for specific chemicals, including:

   --- Lead content of paint and surface coatings materials of 16 CFR 1303

   --- Metals of surface coatings in toys in ASTM F963 (lead, cadmium, chromium, barium, antimony, arsenic,
         mercury, selenium)

   --- Lead content in children’s products of the CPSIA

   --- Certain phthalate content (0.1%) in child care articles and children’s toys of the CPSIA

> This rule supersedes all policy statements and guidelines pertaining to component part testing, except the phthalate statement of policy which only requires testing of materials that are known to contain phthalates and excludes testing of inaccessible materials.

> Although component part testing before final assembly and relying on another party’s finished product testing or certification, is voluntary, once a party decides to conduct or rely upon either, the requirements in 16 CFR 1109 apply.

> A component part certifier assumes the responsibilities of a manufacturer under 16 CFR 1107, including: third-party certification testing, third-party periodic testing, production testing, and recordkeeping.

Significant Changes from the Proposed Rule to the Final Rule

> The most significant change to the final rule is the allowance of an importer to rely on finished product test reports or certification from a foreign manufacturer to certify a product.

> Records will not be required to be maintained in English, as long as records can be translated within 48 hours, or within an otherwise arranged timeframe with the CPSC.

> Records will not be required to be maintained in the US, as long as they can be provided to the CPSC upon request, by either hardcopy or electronic form.

> All records will need to be maintained for five years, instead of the original timeframe of life of the product plus five years.

> Certain certificate content requirements have been eliminated: identification of each component part tested, by part number or other specification, as well as the manufacturer and supplier of the part. Certificates may now refer to reports for the date and place where the product was tested.

> Component parts must be traceable back to the party who had the parts tested for compliance, not to the supplier or each subcomponent.

> After a product is tested, certifiers and testing parties in possession of the product or component part must exercise due care to prevent contamination.  Due care does not permit willful ignorance.

Additional Resources

The CPSC has posted recordings of the webcasts discussing this topic that can be found at: http://www.cpsc.gov/webcast/previous.html

A copy of the complete Final Rule and CPSC briefing package with comments can be viewed at:
http://www.cpsc.gov/library/foia/foia11/brief/componentpart.pdf

Contact Information
Bureau Veritas Consumer Products Services offers complete services for component part testing.  Please contact your customer service representative for further assistance or email: info@us.bureauveritas.com