The US Consumer Product Safety Commission (CPSC) is seeking comments on Section 102 (Mandatory third-party testing for certain children’s products) of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The CPSIA requires certificates of compliance for certain products subject to a Commission standard, regulation, rule, or ban and manufactured after November 12, 2008 to be based upon a test of the product or a reasonable testing program. Beginning December 22, 2008, and in accordance with a rolling schedule, the CPSIA requires the certificate for certain children’s products to be supported by testing performed by a CPSC-registered, accredited, third-party laboratory. To assist with implementation of the third-party testing requirements, CPSC staff is seeking comments and information regarding the following:

• 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 third-party testing of component parts were permitted. Address receipt, storage and quality control of incoming materials, management and control of work-in-process, 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.

Interested parties have until January 30, 2009 to submit comments.

Please contact any of the individuals below if you have any questions regarding CPSC’s request for comments or would like to discuss the possibility of submitting comments.

Georgia Ravitz
ravitz.georgia@arentfox.com
202.857.8939

James R. Ravitz
ravitz.james@arentfox.com
202.857.8903

Scott A. Cohn
cohn.scott@arentfox.com
212.484.3984

Robert G. Edwards
edwards.robert@arentfox.com
202.857.6346

Amy S. Colvin
colvin.amy@arentfox.com
202.857.6338