The recent amendment to the CPSIA has several effects on the third party testing of children’s products. It clarifies that the CPSC must establish standards and protocols for the testing of representative samples (rather than the more stringent requirement of using random samples). It also directs the CPSC to revisit existing third party testing regulations within one year, taking into account public comments as to how testing costs might be reduced. Congress suggested that such comments might touch on topics such as redundant third party testing, sampling procedures, component testing, use of alternative testing technologies, and whether compliance with international standards should provide a reference for CPSC compliance.
The new law requires the CPSC to consider the economic, administrative and other limitations applicable to small batch manufacturers (generally defined as manufacturers with annual total gross sales of no more than $1 million) when implementing third party testing requirements. It must provide, after notice and a hearing, alternative testing requirements for covered products manufactured by small batch manufacturers. Alternatively, the CPSC may allow certification of a product produced by a small batch manufacturer based on compliance with another national or international governmental standard, as long as that standard is at least as rigorous as the consumer product standard enforced by the CPSC. The small batch manufacturer exemption, however, is not applicable to the lead paint and small parts standards nor is it available for certain classes of children’s products, such as cribs, children’s metal jewelry, and baby bouncers, walkers and jumpers.
Under the new law, ordinary books and ordinary paper-based printed materials are no longer subject to the third party testing requirements of the CPSIA. Additionally, the third party testing requirement as it pertains to lead content no longer applies to metal component parts of bicycles.