The Consumer Product Safety Improvement Act (CPSIA) of 2008 requires that nearly all children’s products:
a) comply with all applicable children’s product safety rules;
b) are tested for compliance by a CPSC-accepted laboratory;
c) have a written Children’s Product Certificate (issued by the manufacturer or importer) that provides evidence of the product’s compliance; and
d) have permanent tracking information affixed to the product and its packaging.
The CPSIA also requires domestic manufacturers or importers of non-children’s products (cpsc.gov/generaluse) for which a consumer product safety rule, or any similar rule, ban, standard, or regulation under any law enforced by the CPSC is in effect, to issue a “General Certificate of Conformity” (cpsc.gov/gcc). The GCC must be based on a test of each product or a reasonable testing program.
Step 1: Classify Your Product
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Is Your Product a Children’s Product?
This important question determines which set of regulatory requirements applies to your product
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Age Grade Your Product
Even if you know your product is a children’s product, you still need to “age grade” the product to determine the specific requirements that apply to your children’s product.
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Step 2(a): Children’s Products
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Key Substantive Requirements for Children’s Products
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The following key requirements generally apply to nearly every children’s product, although some are limited to specific product categories. You must ensure that your children’s product is in compliance with each of these applicable children’s product safety rules.
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Total Lead Content:
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Lead in Paint and Surface Coatings:
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Ban on Small Parts:
(Ban on products for children less than 3 years old; warning labels apply for products intended for children between 3 and less than 6 years old)
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Toy Safety Standard (Toys):
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Ban on Phthalates (Certain toys and child care articles):
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Durable Infant or Nursery Products:
The CPSC has developed and continues to develop new safety rules for cribs, bassinets, strollers, baby carriers, high chairs, and other items with a longer period of expected use.
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Product Registration Card Requirement:
All durable infant or nursery products must have a product registration card affixed to the product.
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Children’s Clothing and Children’s Sleepwear:
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Additional Children’s Product Regulations:
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The Federal Hazardous Substances Act (FHSA) bans hazardous substances in children’s products. Information on the FHSA, and other additional regulations for children’s products that are not listed above, may be found in this table.
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Key Procedural Requirements for Children’s Products
The following key procedural requirements apply to nearly every children’s product.
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Third Party Testing; Component Part Testing
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Children’s products must be tested by a CPSC-accepted third party laboratory and, beginning in February 2013, samples of continuing production must be retested periodically to ensure ongoing compliance. Manufacturers may be able to rely on testing performed by other suppliers of component parts if certain requirements are met.
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Children’s Product Certificates (CPC)
For nearly all children’s products, manufacturers (or importers) must issue a CPC based on third party testing by a CPSC-accepted laboratory showing that their children’s product complies with the applicable children’s product safety rule(s).
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Locate a CPSC accepted laboratory:
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Children’s products must be third party tested by a CPSC accepted laboratory. Your children’s product may be subject to multiple regulations and you may need to conduct multiple searches to find a laboratory that meets your particular needs.
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Tracking Labels:
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Children’s products must have a "tracking label" permanently affixed to the product and its packaging, if practicable.
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Step 2(b): Non-Children’s Products
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Key Substantive Requirements for Non-Children’s Products
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Table of Regulated Products:
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Some, but not all, non-children’s products are regulated. This table will assist you in determining if your product is subject to federal consumer product safety regulations.
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Mandatory Reporting Requirements:
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Whether your product is or is not subject to a specific product safety regulation, nearly all consumer products are under the jurisdiction of the CPSC. Therefore, all consumer product companies must report potentially unsafe, hazardous, or non-compliant products to the CPSC or face substantial civil penalties. See “Step 3: Additional Business Obligations” below.
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Key Procedural Requirements for Non-Children’s Products
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Information on General Certificate of Conformity (GCC):
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If your non-children’s product is subject to a consumer product safety regulation, you must issue a GCC showing that your product complies with the applicable consumer product safety rule for your product.
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Information on Testing and Reasonable Testing Programs:
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www.cpsc.gov/generaluse
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If your non-children’s product is subject to a consumer product safety regulation, you must also ensure that your product is subjected to testing on each product or to a reasonable testing program to ensure compliance.
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Step 3: Additional Business Responsibilities
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Mandatory Reporting Obligations:
Manufacturers, importers, distributors, and retailers have an obligation to report the following information to the CPSC:
(i) a defective product that could create a substantial risk of injury to consumers or a product that is otherwise unreasonably hazardous or dangerous for consumers;
(ii) a product fails to comply with an applicable consumer product safety rule or with any other rule, regulation, standard, or ban under the CPSA or any other statute enforced by the CPSC;
(iii) a product that a child (regardless of age) choked on, such as a marble, small ball, balloon, or small part; and that, as a result of the incident, the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional; or
(iv) certain types of lawsuits (manufacturers and importers only).
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Other Helpful Information
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Register with SaferProducts.gov, the online publicly searchable database containing reports of harm or risk of harm relating to the use of consumer products.
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Businesses have rights under the law to respond to consumer claims. Businesses also have responsibilities to monitor consumer reports of harm and report them to the CPSC. Registration ensures that businesses have a secure, digital portal to access information about their products to make informed decisions about product safety.
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Regulated Products Handbook
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Retailers: Product Safety and Your Responsibilities
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Develop a Recall Plan
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Safety by Design
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Coming soon
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Small Batch Manufacturers
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Small Batch Manufacturer Registry:
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Does your business have total gross revenues of $1 million or less a year? Then you may qualify for special third party testing requirements as a “small batch manufacturer.” To learn all of the details, go to:
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Small Business Ombudsman:
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Other Selected Topics
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Register as a third party laboratory
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View a list of accredited testing laboratories
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