CPSC Labeling Requirement for Youth Products Goes into Effect in August
June 5, 2009
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The Consumer Product Safety Commission (CPSC) is moving forward with implementation of a new labeling requirement for products intended for children 12 years old and younger, including cribs, bunk beds and youth bedroom.
The Consumer Product Safety Improvement Act (CPSIA) was signed into law in August following a number of recalls of children's toys and jewelry containing lead.
While debating the regulation last year, Congress discussed the difficulty of identifying foreign factories involved with defective products quickly enough for the CPSC to halt production and recall the products from the stream of commerce.
The law requires that one year after enactment of the CPSIA—which will be Aug. 14—children’s products must be permanently marked with certain basic information, including the manufacturer of the product, the location and date of manufacture, and the batch or run number (however the manufacturer tracks production runs). All of the information is designed to expedite a recall if one is necessary.
The labels must be “permanent,” meaning that adhesive labels or hangtags are not sufficient. However, Congress specifically referred to “marks” that would enable the consumer to identify the information listed above. These marks could conceivably consist of a numerical code on file with the CPSC, along with information on how to contact the agency so consumers could obtain the data behind the code. This would allow companies to shield proprietary business information, such as the identity of foreign partners, from casual inspection by competitors.
Sellers of toys and other children’s products requested clarification about coding and about the appropriate size and placement of tracking labels. In response, CPSC staff said it is overtaxed and could not provide guidance. In light of this, the National Association of Manufacturers petitioned the agency to postpone enforcement of the tracking label requirement until CPSC could provide greater clarity. The two sitting commissioners deadlocked on the request, so there will be postponement. The labeling requirement will commence Aug. 14.
Earlier this year, the CPSC Director of Compliance noted the complexity of the labeling issue and suggested that, even after Aug. 14, it should be sufficient for manufacturers and importers to use their best efforts at appropriate tracking labels.
More information on manufacturers’ and importers’ responsibilities under this law is available on AHFA’s Web site. At the top of the home page, click on STANDARDS, then look for CPSIA in the menu on the left side of the STANDARDS page.
The Consumer Product Safety Improvement Act (CPSIA) was signed into law in August following a number of recalls of children's toys and jewelry containing lead.
While debating the regulation last year, Congress discussed the difficulty of identifying foreign factories involved with defective products quickly enough for the CPSC to halt production and recall the products from the stream of commerce.
The law requires that one year after enactment of the CPSIA—which will be Aug. 14—children’s products must be permanently marked with certain basic information, including the manufacturer of the product, the location and date of manufacture, and the batch or run number (however the manufacturer tracks production runs). All of the information is designed to expedite a recall if one is necessary.
The labels must be “permanent,” meaning that adhesive labels or hangtags are not sufficient. However, Congress specifically referred to “marks” that would enable the consumer to identify the information listed above. These marks could conceivably consist of a numerical code on file with the CPSC, along with information on how to contact the agency so consumers could obtain the data behind the code. This would allow companies to shield proprietary business information, such as the identity of foreign partners, from casual inspection by competitors.
Sellers of toys and other children’s products requested clarification about coding and about the appropriate size and placement of tracking labels. In response, CPSC staff said it is overtaxed and could not provide guidance. In light of this, the National Association of Manufacturers petitioned the agency to postpone enforcement of the tracking label requirement until CPSC could provide greater clarity. The two sitting commissioners deadlocked on the request, so there will be postponement. The labeling requirement will commence Aug. 14.
Earlier this year, the CPSC Director of Compliance noted the complexity of the labeling issue and suggested that, even after Aug. 14, it should be sufficient for manufacturers and importers to use their best efforts at appropriate tracking labels.
More information on manufacturers’ and importers’ responsibilities under this law is available on AHFA’s Web site. At the top of the home page, click on STANDARDS, then look for CPSIA in the menu on the left side of the STANDARDS page.
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