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latest info on the small batch registry.
http://www.cpsc.gov/info/toysafety/smallbatchfaq.html
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.
What is the Small Batch Manufacturers Registry?
The Small Batch Manufacturers Registry is the online mechanism by which Small Batch Manufacturers can identify themselves to obtain relief from certain third party testing requirements for children’s products. To register as a Small Batch Manufacturer, an applicant must attest that it satisfies two threshold requirements. First, it must attest that its total gross revenue 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. Second, it must attest that it manufactured no more than 7,500 units of the covered product that qualifies the Small Batch Manufacturer for registration.
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).
Qualifying small batch manufacturers are NOT required to third party test for compliance with certain other children's product safety rules (Group B). 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).
Must a qualifying Small Batch Manufacturer register with the CPSC to avoid the requirements of third party testing for the children’s product safety rules listed in Group B?
Yes. Registration will be required every year. For calendar year 2012, we anticipate that registration will open in December 2011. More details will be released when the registry becomes available, but there will be plenty of time to register, and qualifying Small Batch Manufacturers will not need to third party test Group B products in the interim, including those products currently subject to stays on third party testing and certification that will lift on January 1, 2012.
What are the benefits of registering now in the CPSC’s Small Batch Manufacturers Registry?
Qualifying Small Batch Manufacturers that register now with the CPSC will benefit in a number of ways. After registering, qualifying Small Batch Manufacturers will not be required to third party test for the children’s product safety rules in Group B until the Commission has provided either an alternative testing requirement or an exemption. In addition, registration will allow companies to document that they are entitled to such relief. A registered small batch manufacturer whose business information is published in the Small Batch Manufacturers Registry will be able to direct retailers to the CPSC website for immediate and easy confirmation of the company’s status as a qualifying Small Batch Manufacturer. Through this process, retailers, in turn, will be able to avoid fraudulent claims of exemption.
Will the name of all registered small batch manufacturers be published in the Small Batch Manufacturers Registry?
The business name, city, and state of a registered small batch manufacturer will be made available to the public, unless, within fifteen calendar days of registration, a business provides CPSC with written notification pursuant to section 6 of the Consumer Product Safety Act. For more information on what this written notification must contain, please click here.
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.)
Does a qualifying Small Batch Manufacturer still have to comply with the children’s product safety rules in Group B?
Yes. While qualifying Small Batch Manufacturers are not required to conduct third party testing for the children’s product safety rules listed in Group B, their products still must comply with those children’s product safety rules. It is important to remember that registration as a qualifying Small Batch Manufacturer does not relieve a company from complying with the requirements of the applicable standards. All children’s products always must comply with the applicable children’s product safety standards.
If I register as a Small Batch Manufacturer, does that mean I do not have to conduct third party testing for any children’s product I manufacture?
No. Registration as a Small Batch Manufacturer means only that you are not required to third party test for specific covered products. Registration is only effective for those products where no more than 7,500 units of the same product were manufactured in the previous calendar year. Thus, you can register as a Small Batch Manufacturer for one product where you manufactured no more than 7500 units, but still be required to conduct third party testing for other products where you manufactured more than 7500 units. However, the $1 million dollar income limitation applies to the sale of ALL your consumer products, not just covered products.
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.
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.
How does a qualifying Small Batch Manufacturer document its participation in the Small Batch Manufacturers Registry in its Children’s Product Certificate?
A qualifying Small Batch Manufacturer registered with the CPSC would list the Small Batch Manufacturer registration number provided by the CPSC on the Children’s Product Certificate as proof that it was not required to conduct third party testing for any applicable children’s product safety rules in Group B.
Once a qualifying Small Batch Manufacturer registers in the Small Batch Manufacturers Registry, how long is the registration valid?
Small Batch Manufacturer registration is done on a calendar year basis. Registration is valid for the calendar year in which a Small Batch Manufacturer registers with the CPSC. For example, if a manufacturer registers for calendar year 2012, then the registration is valid for calendar year 2012. If a manufacturer registers later in calendar year 2012, for instance in May, the registration is valid only for the remainder of calendar year 2012. The manufacturer must register again for calendar year 2013.
Can the Commission require qualifying Small Batch Manufacturers to third party test for certain regulations in the future?
Yes. If the Commission determines, based upon notice and a hearing, that full compliance with a third party testing requirement is reasonably necessary to protect public health and safety, the Commission will not provide to Small Batch Manufacturers an alternative testing requirement or exemption to that testing requirement. In addition, in the event of such a determination, the Commission will discontinue any exemption or alternative already in effect.
What is the Database? How is it different from the Small Batch Manufacturers Registry?
The database is the Publicly Available Consumer Product Safety Information Database website of the U.S. Consumer Product Safety Commission, found at www.saferproducts.gov. Through SaferProducts.gov, consumers, child service providers, health care professionals, government officials, and public safety entities can submit a report of harm (Report) involving consumer products. Manufacturers (including importers) and private labelers identified in a Report will receive a copy of the Report and have the opportunity to comment on it. Reports and manufacturer comments are published online for anyone to search and review at www.SaferProducts.gov. Although companies register for the Small Batch Manufacturers Registry by entering the Business Portal of SaferProducts.gov, the Registry is distinct from the Database. While the Database is a searchable online repository of reports of harm or risks of harm involving consumer products, the Small Batch Manufacturers Registry is the vehicle through which qualifying companies register with the Commission to avail themselves of alternative testing requirements or exemptions from third party testing for the children’s product safety rules listed in Group B.
If I register for the Small Batch Manufacturers Registry, am I also registering automatically to receive Reports about my product submitted to the publicly accessible Database at SaferProducts.gov?
Yes, registration in the Small Batch Manufacturers Registry enables a company to be notified electronically regarding a Report of harm involving its products submitted to the CPSC through the publicly available Database. Registration also allows a company to file claims about the alleged material inaccuracy or confidentiality of material contained in a Report and to make comments in response to a Report.
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.
What is the Small Batch Manufacturers Registry?
The Small Batch Manufacturers Registry is the online mechanism by which Small Batch Manufacturers can identify themselves to obtain relief from certain third party testing requirements for children’s products. To register as a Small Batch Manufacturer, an applicant must attest that it satisfies two threshold requirements. First, it must attest that its total gross revenue 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. Second, it must attest that it manufactured no more than 7,500 units of the covered product that qualifies the Small Batch Manufacturer for registration.
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).
Qualifying small batch manufacturers are NOT required to third party test for compliance with certain other children's product safety rules (Group B). 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).
Must a qualifying Small Batch Manufacturer register with the CPSC to avoid the requirements of third party testing for the children’s product safety rules listed in Group B?
Yes. Registration will be required every year. For calendar year 2012, we anticipate that registration will open in December 2011. More details will be released when the registry becomes available, but there will be plenty of time to register, and qualifying Small Batch Manufacturers will not need to third party test Group B products in the interim, including those products currently subject to stays on third party testing and certification that will lift on January 1, 2012.
What are the benefits of registering now in the CPSC’s Small Batch Manufacturers Registry?
Qualifying Small Batch Manufacturers that register now with the CPSC will benefit in a number of ways. After registering, qualifying Small Batch Manufacturers will not be required to third party test for the children’s product safety rules in Group B until the Commission has provided either an alternative testing requirement or an exemption. In addition, registration will allow companies to document that they are entitled to such relief. A registered small batch manufacturer whose business information is published in the Small Batch Manufacturers Registry will be able to direct retailers to the CPSC website for immediate and easy confirmation of the company’s status as a qualifying Small Batch Manufacturer. Through this process, retailers, in turn, will be able to avoid fraudulent claims of exemption.
Will the name of all registered small batch manufacturers be published in the Small Batch Manufacturers Registry?
The business name, city, and state of a registered small batch manufacturer will be made available to the public, unless, within fifteen calendar days of registration, a business provides CPSC with written notification pursuant to section 6 of the Consumer Product Safety Act. For more information on what this written notification must contain, please click here.
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.)
Does a qualifying Small Batch Manufacturer still have to comply with the children’s product safety rules in Group B?
Yes. While qualifying Small Batch Manufacturers are not required to conduct third party testing for the children’s product safety rules listed in Group B, their products still must comply with those children’s product safety rules. It is important to remember that registration as a qualifying Small Batch Manufacturer does not relieve a company from complying with the requirements of the applicable standards. All children’s products always must comply with the applicable children’s product safety standards.
If I register as a Small Batch Manufacturer, does that mean I do not have to conduct third party testing for any children’s product I manufacture?
No. Registration as a Small Batch Manufacturer means only that you are not required to third party test for specific covered products. Registration is only effective for those products where no more than 7,500 units of the same product were manufactured in the previous calendar year. Thus, you can register as a Small Batch Manufacturer for one product where you manufactured no more than 7500 units, but still be required to conduct third party testing for other products where you manufactured more than 7500 units. However, the $1 million dollar income limitation applies to the sale of ALL your consumer products, not just covered products.
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.
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.
How does a qualifying Small Batch Manufacturer document its participation in the Small Batch Manufacturers Registry in its Children’s Product Certificate?
A qualifying Small Batch Manufacturer registered with the CPSC would list the Small Batch Manufacturer registration number provided by the CPSC on the Children’s Product Certificate as proof that it was not required to conduct third party testing for any applicable children’s product safety rules in Group B.
Once a qualifying Small Batch Manufacturer registers in the Small Batch Manufacturers Registry, how long is the registration valid?
Small Batch Manufacturer registration is done on a calendar year basis. Registration is valid for the calendar year in which a Small Batch Manufacturer registers with the CPSC. For example, if a manufacturer registers for calendar year 2012, then the registration is valid for calendar year 2012. If a manufacturer registers later in calendar year 2012, for instance in May, the registration is valid only for the remainder of calendar year 2012. The manufacturer must register again for calendar year 2013.
Can the Commission require qualifying Small Batch Manufacturers to third party test for certain regulations in the future?
Yes. If the Commission determines, based upon notice and a hearing, that full compliance with a third party testing requirement is reasonably necessary to protect public health and safety, the Commission will not provide to Small Batch Manufacturers an alternative testing requirement or exemption to that testing requirement. In addition, in the event of such a determination, the Commission will discontinue any exemption or alternative already in effect.
What is the Database? How is it different from the Small Batch Manufacturers Registry?
The database is the Publicly Available Consumer Product Safety Information Database website of the U.S. Consumer Product Safety Commission, found at www.saferproducts.gov. Through SaferProducts.gov, consumers, child service providers, health care professionals, government officials, and public safety entities can submit a report of harm (Report) involving consumer products. Manufacturers (including importers) and private labelers identified in a Report will receive a copy of the Report and have the opportunity to comment on it. Reports and manufacturer comments are published online for anyone to search and review at www.SaferProducts.gov. Although companies register for the Small Batch Manufacturers Registry by entering the Business Portal of SaferProducts.gov, the Registry is distinct from the Database. While the Database is a searchable online repository of reports of harm or risks of harm involving consumer products, the Small Batch Manufacturers Registry is the vehicle through which qualifying companies register with the Commission to avail themselves of alternative testing requirements or exemptions from third party testing for the children’s product safety rules listed in Group B.
If I register for the Small Batch Manufacturers Registry, am I also registering automatically to receive Reports about my product submitted to the publicly accessible Database at SaferProducts.gov?
Yes, registration in the Small Batch Manufacturers Registry enables a company to be notified electronically regarding a Report of harm involving its products submitted to the CPSC through the publicly available Database. Registration also allows a company to file claims about the alleged material inaccuracy or confidentiality of material contained in a Report and to make comments in response to a Report.
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