Request for Comments and Information*
Mandatory Third-Party Testing for Certain Children’s Products
Section 102 of the Consumer Product Safety Improvement Act
(“CPSIA”)
The Commission staff invites comments on Section 102 of the CPSIA, Mandatory Third-
Party Testing for Certain Children’s Products. The staff requests comments specifically on
third-party testing of component parts.
CPSIA section 102(a)(2) imposes testing requirements to support certificates of compliance
for “children's products'' as defined in section 235(a) of the CPSIA (to be codified at section
3(a)(2) of the Consumer Product Safety Act). Ninety days after the Commission issues those
requirements for a given product or category of products on the rolling schedule specified in
section 14(a)(3), the certificate for the product or products in question manufactured after that
date must be supported by testing performed by a third-party laboratory whose accreditation
has been accepted by the Commission absent the Commission's exercise of its authority to
extend such a deadline by an additional sixty days in certain instances. Given the schedule
for implementation of the third-party testing requirements, the staff is interested in comments
and information regarding:
• How the risk of introducing non-compliant product into the marketplace would be
affected by permitting third-party testing of the component parts of a consumer
product versus third-party testing of the finished consumer product.
• The conditions and or circumstances, if any, that should be considered in allowing
third-party testing of component parts.
• The conditions, if any, under which supplier third-party testing of raw materials or
components should be acceptable.
• Assuming all component parts are compliant, what manufacturing processes
and/or environmental conditions might introduce factors that would increase the
risk of allowing non-compliant consumer products into the marketplace.
• Whether and how the use and control of subcontractors would be affected by
allowing the third-party testing of component parts.
• What changes in inventory control methods, if any, should be required if thirdparty
testing of component parts were permitted. Address receipt, storage and
quality control of incoming materials, management and control of work-inprocess,
non-conforming material control, control of rework, inventory rotation,
and overall identification and control of materials.
• How a manufacturer would manage lot-to-lot variation of component parts, in a
third-party testing of component parts regime, to ensure finished consumer
products are compliant.
• Whether consideration of third-party testing of component parts should be given
for any particular industry groups or particular component parts and materials.
Explain what it is about these industries, component parts, and/or materials that
make them uniquely suited to this approach.
Comments must be received by the Office of the Secretary no later than January 30, 2009.
Comments may be filed by email to Sec102ComponentPartsTesting@cpsc.gov. Comments
may also be filed by facsimile to (301) 504-0127 or by mail or delivery to the Office of the
Secretary, Consumer Product Safety Commission, Room 502, 4330 East-West Highway,
Bethesda, Maryland, 20814. Comments should be captioned “Section 102 Mandatory Third-
Party Testing of Component Parts.” Interested persons will also have additional opportunities
to comment following publication of any notices of rulemaking proceedings in the Federal
Register which are commenced under this section.
