New message on the CPSIA small business page.

[FayeMaloneDesigns]

http://www.cpsc.gov/businfo/smbus.html


Small Batch Manufacturers and Third Party Testing

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The Basics

Generally, all manufacturers of children's products must have their children's products third party tested and certified as compliant with applicable children's product safety rules.

Are small batch manufacturers currently required to third party test their children's products in order to certify compliance to applicable regulations?

It depends on the children's product and the materials used to manufacture that children's product.

Small batch manufacturers will ALWAYS be required to third party test for compliance with certain children's product safety rules (listed in group A, on the right hand side of this page).

Qualifying small batch manufacturers are NOT required to third party test for compliance with certain other children's product safety rules (Group B, on the right hand side of this page). Note, however, that all manufacturers, even those that are small batch manufacturers, must ensure that their children's products are in compliance with the underlying children's product safety rules in Group B and issue a general certificate of conformity (GCC).

Do I need to register with the CPSC as a small batch manufacturer? What if I am not registered before the stay on testing and certification lifts on January 1, 2012?

Yes. Registration will be required every year. For calendar year 2012, we anticipate that the registration will open in December 2011. More details will be released when the registry becomes available, but rest assured that there will plenty of time to register and small batch manufacturers will not need to third party test Group B products when the stay on third party testing and certification on certain Group B regulations lifts on January 1, 2012.

What is a qualifying small batch manufacturer?

A small batch manufacturer is a qualifying small batch manufacturer if both of the following requirements are satisfied:

Income: A small batch manufacturer is defined as a manufacturer whose total gross revenues from the prior calendar year (e.g., calendar year 2011 sales to qualify for calendar year 2012) from the sale of all consumer products is $1 million or less. The term "consumer products" includes both children's products and non-children's products even though third party testing requirements apply only to children's products. It does not include revenues from non-consumer products, like food, drugs, and other items not regulated by the CPSC, but it does include revenues from the sale of consumer products by other businesses the registering company controls, is controlled by, or with which it is under common control.

Covered Product: A covered product means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year (i.e., calendar year 2011 sales for calendar year 2012 qualification.)

Can an importer be a qualifying small batch manufacturer?

Yes, but only if both the importer and the manufacturer of the covered product meet the revenue and unit criteria for small batch manufacturers. For example, an importer that has no more than $1 million in gross revenues qualifies as a small batch manufacturer if it is importing goods from a foreign manufacturer that produces fewer than 7,500 units of a covered product and also has gross revenue less than $1 million. On the other hand, an importer that imports goods from a foreign manufacturer that mass produces goods cannot be considered a small batch manufacturer for that product, even if that importer has less than $1 million in gross revenues and is importing fewer than 7,500 units of a product from that foreign manufacturer.

Does a qualifying small batch manufacturer have to issue a certificate of conformity?

Yes. A small batch manufacturer must always certify its children's products as compliant with the underlying children's product safety rules applicable to each product.

For those rules in Group A, the small batch manufacturer must base its Children's Product Certificate on third party testing performed by a CPSC-accepted lab, including third party testing or a certificate of conformity provided by a component part supplier, as described in 16 CFR part 1109.

For those rules in Group B, a qualifying small batch manufacturer does not have to issue a Children's Product Certificate based on third party testing but still needs to issue a general certificate of conformity based on first party testing, a reasonable testing program or a certificate of conformity provided by a component part supplier.

Where can I learn more?

This page serves as the primary resource page for all information related to the third party testing obligations of small batch manufacturers. Please bookmark the page, and check back soon for additional information and guidance.

Resources

•Additional FAQs (Coming soon!)Small batch manufacturers must always third party test for the following children's product safety rules (Group A):

•Lead-in-paint and other surface coatings, 16 CFR §1303;
•Full-size cribs and non-full-size cribs, 16 CFR §§1219 and §1220 (pdf);
•Pacifiers, 16 CFR §1511;
•Small parts for children under 3 years of age, 16 CFR §1501;
•Children's metal jewelry, Sec. 101(b) of the CPSIA, as amended by P.L. 112-28; 15 USC 1278a(b)(7) (pdf);
•Baby bouncers, walkers, and jumpers, 16 CFR §1500.18(a)(6) (pdf) and 16 CFR §1500.86(a) (pdf);
•Infant Bath Seats, 16 CFR §1215
•Infant Walkers, 16 CFR §1216 (pdf);
•Toddler Beds, 16 CFR §1217 (pdf);
•Other durable infant or toddler products, as additional children's product safety rules are enacted, 15 U.S.C. 2056a(f), Sec. 104 of the CPSIA.





Qualifying small batch manufacturers registered with the Commission are NOT required to third party test for the following children's product safety rules (Group B):

•ASTM F963-08 Toy Safety Standard;
•Total Lead Content in Children's Products, Sec. 101 of the CPSIA;
•Ban on certain phthalates in children's toys and certain child care articles, Sec. 108 of the CPSIA;
•Bicycle helmets, 16 CFR §1203;
•Bunk beds, 16 CFR §1213 and 1513;
•Rattles, 16 CFR §1510;
•Dive sticks, 16 CFR §1500.86 (pdf);
•Bicycles, 16 CFR §1512;
•Carpets and rugs, 16 CFR §1630 and §1631;
•Vinyl plastic film, 16 CFR §1611;
•Wearing apparel, 16 CFR §1610;
•Clacker balls, 16 CFR §1500.86 (pdf);
•Children's sleepwear, 16 CFR §1615 and §1616;
•Electronically operated toys, 16 CFR §1505;
•ATVs, 16 CFR. §1420; and
•Mattresses, 16 CFR §1632.

With respect to Group B, qualifying small batch manufacturers will need to ensure that the products comply with those regulations and issue a general certificate of conformity (GCC).




Further questions

Please see our list of frequently asked questions below. You may also wish to consult our Small Business Ombudsman if you have further questions.



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This communication has been prepared for general informational purposes only and is based upon the facts and information presented. This communication does not, and is not intended to, constitute legal advice and has not been reviewed or approved by the Commission, and does not necessarily represent its views. Any views expressed in this communication may be changed or superseded by the Commission.
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[SewFrivolous]

Thanks for the information. I am defintly going to register, I will keep my ears open, for when we can do this, does anyone else know when or where this will be available?

[FayeMaloneDesigns]

Not yet, they're still working on it. I'll post as soon as I find out.

[Former_Member]

So now all toy makers by federal law have to have their products ASTM certified even if the material are exempt? I think I am more confused after watching this conference.

[FayeMaloneDesigns]

Qualifying small batch manufacturers registered with the Commission are NOT required to third party test for the following children's product safety rules (Group B):

•ASTM F963-08 Toy Safety Standard;

[FayeMaloneDesigns]

You will now be relieved from testing under astm F963-08. BUT, you can not make a toy that won't pass the testing.

The relief from testing does not allow us to go willy nilly and ignore the laws. We are basically following the laws for safety, we just don't have to actually test thru 3rd party labs.

[Former_Member]

How do I know if my toy will pass their testing standards? Sorry if this is a dumb question.

[FayeMaloneDesigns]

You need to know what the standards are, follow the guidelines, and make your products to those standards. I don't know what your toy products are, but if they have paint on them, then you will need to test for lead in paint. That's from Column A .

[Former_Member]

Thanks Beverly, I can always count on you!

[LittleLovesDesigns]

Beverly-

I noticed "wearing apparel" is under the list of items that don't require testing. Does this mean I'm in the clear (selling headbands)?

[FayeMaloneDesigns]

wearing apparel is clothing, you are selling accessories. So you fall somewhere in between. Do you have all fabric/fiber, no metal, no jewels, no buttons, in your accessories? If you have those items, you will need to either test, depending on what the supply is, or get testing certificates from your suppliers. It can really vary. Give me some more information, and I can tell you in more detail.

[LittleLovesDesigns]

Some of my items are all fabric and some do have rhinestones or pearls.

[FayeMaloneDesigns]

Can't use rhinestones if they are glass. They have been specfically called out as containing lead. Acrylic rhinestones would just need a testing certification from the rhinestone manufacturer.

If you are using phoney pearls you are probably dealing with a surface coating. That would fall under lead in paint/surface coatings. And that coating can flake off.

If you are using REAL pearls they are exempt from testing as they can not contain lead.

[Former_Member]

OK, so if I use metal alligator clips with my solid color ribbon to make hair bows, all I have to do is get certification from my clip supplier??? Crossing my fingers, that I don't have to 3rd party test! I'm so confused with all this! Thanks for any help!

[SunnyCatDesigns]

Same with screen printing ink? I use water based ink and last year and I have the certifications from my manufactures, they actually have an entire page dedicated to this.

Now I just need to register?

[Former_Member]

Fantastic post!! This news makes me so happy and gives me some faith in our congress that they do want our small shops to have success!
However where is it I can go to register?

[FayeMaloneDesigns]

Registration site not set up yet. I'll post link as soon as it's up.

[Former_Member]

Does anyone have the specific link with the list of the various materials from Column A and B. I used to have that info, but they've changed the site since I have made children's items.

[FayeMaloneDesigns]

You should just go to the CPSC.gov site, On the left side is the CPSIA links. Sign up for their notafications, and you should get all the latest info mailed direct to you. You will also find links to everything there about the CPSIA.

[Former_Member]

Thanks! I found the guide I was thinking of. Things got moved around a bit.

[Former_Member]

I am really confused. D= I came here several months ago and figured out that all I needed to do was label my baby hats. (I crochet hats, all acrylic yarn with no buttons or anything, so I was exempt from testing and all that.) So now I have to register somewhere? Is there a minimum income for the registration? I've only made maybe $300 all year...

[Former_Member]

Josie,
If you're going to make children's items for sale or donation you need to register to be able to answer any reports or claims reported by a customer or competitor to the CPSC about your products. Though registration also allows you take advantage of the small batch manufacturers exemption's from certain 3rd party testing, it's not the sole purpose of the registration process. Thers is no minimum income requirement, if the products will be for children under 13 and are made, sold, or donated in the USA then you need to visit this site to register saferproducts.gov/SmallBatchManufacturers/

[Former_Member]

Sorry even after editing the link broke

http://saferproducts.gov/SmallBatchManufacturers/

[Former_Member]

I hate to admit this but I stepped away from following this when the first stay came around.
My children's items and household items are either food related or fabric. I have certificates for fiber content/dyes/snaps at my insurance office in file and my products are all identified with appropriate labeling and loction. while I am in school I am downplayed my business to a low roar while I finish my fine art degree so my sales fall very low in the numbers for now. I have done everything but test my finished product and register with the government. Being that I make small batch quantities of natural fiber diapers (no synthetics) and fiber-reactive dyed shirts do I still needs to be testing? This has all changed so much in a couple of years, too busy, too tired to keep up, any shortcutting to understanding my position better would be appreciated. Thanks, mb

[Former_Member]

Thanks very much, Mary! Started registering tonight. I don't think I need to change anything else that I'm doing, just register. I only need the GCC if I'm using items that need testing, right? I'm exempt from testing with the stuff I use.