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Are tracking labels required on domestically made products or are they only required for imported products?

Tracking labels are required for all children’s products manufactured one year after enactment of the CPSIA (August 14, 2009) regardless of whether they are domestic or imported products.

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Will the tracking label requirement be met if premiums are labeled with a date of distribution, a production date and trademark information?

Section 103 of the CPSIA requires that the tracking label provide, “to the extent practicable,” marks that will enable the ultimate purchaser to ascertain the manufacturer or private labeler, the location and date of production of the product and cohort information. A label stating only the date of distribution, a production date and trademark information would not satisfy the requirements of section 103. Such a label would lack information identifying the manufacturer or private labeler, the place of production and cohort information.

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Could hangtags and adhesive labels be used as tracking labels for textile-type items?

No. The law requires that markings with the specified information be permanent. Hangtags and adhesive labels are not permanent.

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The law requires manufacturers to start labeling product and packaging one year after enactment. Does that mean it would affect products manufactured for the 2010 retail season or that items in retail stores would already have to have tracking labels as of August 2009?

The law requires that one year after enactment, or August 14, 2009, manufacturers of children’s products must place permanent marks on their product providing the information specified. Thus, the Commission staff believes that the tracking label requirement applies to children’s products manufactured on or after August 14, 2009.

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Will the Commission be providing specifications or guidelines as to size, location and format of the tracking information required by section 103? Or as to the meaning of “to the extent practicable”?

The Commission may issue implementing guidance on these issues. It should be noted, however, that the requirement to provide tracking information is mandatory regardless of whether the Commission provides such guidance.

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What information needs to be provided on the product to meet the tracking label requirements of section 103? Does section 103 of the CPSIA require that a manufacturer’s name be present on a tracking label?

Section 103 of the CPSIA provides that the tracking label must contain information that will enable the manufacturer to ascertain the location and date of production of the product and cohort information (including the batch, run number, or other identifying characteristic) and any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks.

Section 103 of the CPSIA further provides that the tracking label must contain information that will enable the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic.) Thus, section 103 of the CPSIA does require that the tracking label contain information sufficient for the purchaser to ascertain the manufacturer of the product.

Watch the Commission's website for postings regarding further guidance on this issue. The Commission will seek comments from the public during this process.

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My company manufactures and imports various beds, as well as night stands, dressers, chest of drawers and mirrors. Are tracking labels required for furniture for children? Are these labels required for each piece of a bed, in one place after the bed is assembled, or in the box the product comes in?

Tracking labels will be required for products if they are primarily intended for children 12 years of age or younger. The label must be on the product (only once) and on the packaging. Section 103 specifies the information that must be provided on the label. This tracking label requirement will take effect for products manufactured on and after August 14, 2009.

Posted 12/04/2008.

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I make hand-crafted goods in my home. What do I need to do to be in compliance on August 14, 2009?

The Commission has received a great deal of comment and input from hand-crafters regarding the implementation of Section 103(a). As noted in the Statement of Policy, the Commission anticipates that there will be a period of education after the new requirements go into effect and expects that each manufacturer, large and small, will consider how to apply these requirements to their business.

Hand-crafters should consider the following:

1. What kind of tracking system do you currently use? You do not necessarily have to create a new system of lot, batch or run numbers to identify when you made your products, however your products and their packaging should identify your company in sufficient detail to enable a consumer to reach you so that the required information may be ascertained.



2. What information can be ascertained about your product? If someone handed you one of your products sold last year, what would you be able to tell them about the materials used? Keeping your receipts and purchase orders will help you to better know the source of your product and its components and when you began using them. Ask your fellow hand crafters if they have any tips or ideas that can help.



3. How is your product marked? If someone had one of your products sold last year, would they know who to call if there was a problem? Absent any unusual circumstances, your business name should be on your product with sufficient detail to enable a consumer to reach you. Congress recognized that there could be instances where marking a product might not be practicable, such as where the product is very small. Consider the examples outlined in the Statement of Policy where it might not be practicable to mark a product.



4. How is your packaging marked? Can a retailer of your product see from the packaging (or from the product if the product marking is still fully visible) information that they could use to take just your products from the shelf in the event of a recall?

Compliance with the new requirements will call on a number of small hand crafters to rethink the way they maintain their records and mark their products.

Posted 07/21/2009.

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I make children’s wooden blocks that have twenty in a set. How do I mark these products?

Congress recognized that it might not be practicable to mark every part of a child’s game that has a board and small game pieces. Apply this idea to your product and it may be unnecessary to mark all twenty of the blocks in each of your sets. Depending on the nature of your blocks it might also be reasonable to mark one side of one block. If the blocks come with a storage box or bag, these would be areas to place a mark

Posted 07/21/2009.

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I make socks. Am I required to attach labels to each item?

No. The reasonableness of attaching a label to hosiery has already been thoroughly considered in the application of the federal Care Labeling rules. Those rules can be a guide to what is practicable in this case.

Posted 07/21/2009.

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Is the information ascertainable if I mark my product and packaging with a code and website address where all the required information can be found?

Yes, provided the name of a manufacturer or private labeler is also identified so a consumer without access to the internet can know whom to contact directly to also obtain the required information.

Posted 07/21/2009.

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You didn’t tell us what “to the extent practicable” means in Section 103(a). Is there further insight you might offer?

Section 103(a) mandates distinguishing marks that will enable certain required information to be ascertainable from a product and its packaging. The Statement of Policy says that the Commission expects a manufacturer to depart from the specific requirements of Section 103(a) only for considered and definable reasons. Each manufacturer is ultimately responsible for making a reasonable judgment about what information can be marked on their product and packaging, given the character and type of their product and packaging, and what required information can be ascertainable, given the character and type of their business. When considering the reasonableness of a manufacturer’s decision regarding what information to include in its markings, the Commission intends to look at the individual manufacturer’s situation along with the practices of peer manufacturers.

As questions arise, we may provide more information about the interpretation of this phrase.

Posted 07/21/2009.

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Will you post more answers to frequently asked questions?

Additional information in the form of frequently asked questions will be posted as necessary to respond to common issues and concerns that arise.

Posted 07/21/2009.

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These FAQs are unofficial descriptions and interpretations of various features of CPSIA and do not replace or supersede the statutory requirements of the new legislation. These FAQs were prepared by CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission. Some FAQs may be subject to change based on Commission action.