Small Batch Manufacturers and Third Party Testing

Depending on the firm’s individual circumstances, registered Small Batch Manufacturers may not be required to third-party test their children’s products to Group B requirements. For such requirements, Small Batch Manufacturers can prove compliance through potentially less costly processes than would ordinarily be required for non-Small Batch Manufacturers. Some of these processes could entail first-party testing (testing the product yourself), testing at a non-CPSC accepted laboratory, or relying on a supplier’s written assurance that the product in question complies with the relevant CPSC safety requirements. However, if these alternative compliance methods for Group B requirements are not available to the Small Batch Manufacturer, then third-party testing at a CPSC-accepted laboratory must still be conducted to prove compliance with applicable Group B safety requirements.

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.

Please note that Small Batch Manufacturers will ALWAYS be required to third-party test for compliance with children’s product safety rules in Group A.

To qualify as a small batch manufacturer, an applicant must attest that it satisfies two threshold requirements:

• Income: The total gross revenue from the prior calendar year (e.g., calendar year 2021 sales to qualify for calendar year 2022) from the sale of all consumer products is $1,436,864 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 units of the same product manufactured in 2021 for calendar year 2022 qualification).

To register, please visit the Small Batch Manufacturers Registry. The U.S.-based company is generally the responsible party for ensuring compliance with federal product safety requirements.

No. Registration as a Small Batch Manufacturer is valid for the calendar year that the firm registered, PROVIDED that any product being manufactured is under 7,500 units for that year.

Group A: Small Batch Manufacturers do not receive any testing burden relief from Group A requirements. Testing to the Group A requirements must always be conducted by a third-party, CPSC-accepted laboratory. Group A requirements are specifically listed at 15 U.S.C. § 2063(d)(4)(C) and are as follows:

• Lead in paint and similar surface coating [16 CFR part 1303]
• Cribs, play yards, strollers, and other “durable infant or toddler products,” as listed at 16 CFR § 1130.2(a)
• Pacifiers [16 CFR part 1511]
• Small parts [16 CFR part 1501]
• Lead in children’s metal jewelry [15 U.S.C. § 1278a]
• Baby bouncers, walkers, and jumpers [16 CFR § 1500.86(a)(4)]

Group B: Small Batch Manufacturers may certify compliance to applicable Group B requirements in several alternative ways: first-party testing conducted in-house, testing conducted by a non-CPSC-accepted laboratory, receiving a written statement of assurance from a supplier, or through other various means. However, if these alternative compliance methods are not available to the Small Batch Manufacturer, then third-party testing at a CPSC-accepted laboratory must still be conducted to prove compliance with applicable Group B safety requirements. Group B requirements are any safety rule or requirement that is not listed under Group A. The following is a sampling of the CPSC rules and requirements that fall under Group B:

• Total lead content [15 U.S.C. § 1278a]
• Bicycle helmets [16 CFR part 1203]
• Children’s toys (ASTM F963) [16 CFR part 1250]
• Clothing storage units [16 CFR part 1261]
• Magnets [16 CFR part 1262]
• Consumer products containing button cell or coin batteries [16 CFR part 1263]
• Phthalates [16 CFR part 1307]
• All-terrain vehicles [16 CFR part 1420]
• Clacker balls [16 CFR § 1500.86(a)(5)]
• Dive Sticks [16 CFR § 1500.86(a)(7) and (8)]
• Electronically operated toys [16 CFR part 1505]
• Rattles [16 CFR part 1510]
• Bicycles [16 CFR part 1512]
• Bunk beds [16 CFR part 1513]
• Wearing apparel [16 CFR part 1610]
• Vinyl plastic film [16 CFR part 1611]
• Children’s sleepwear [16 CFR part 1615 and 1616]
• Carpets and rugs [16 CFR part 1630 and 1631]
• Mattresses and mattress pads [16 CFR part 1632]
• Mattresses and mattress sets [16 CFR part 1633]

Yes. The relief provided to qualifying and registered Small Batch Manufacturers is not an exemption to any applicable requirements. You must still comply with the applicable requirements, and you must still provide qualifying evidence of compliance. The difference lies in how Small Batch Manufacturers prove compliance.

The Small Batch Manufacturers Registry is the online mechanism by which Small Batch Manufacturers can identify themselves to obtain potential relief from third party testing to Group B requirements.

Yes, but only if both the importer and the manufacturer of the covered product meet the criteria for Small Batch Manufacturers. For example, an importer that has no more than $1,436,864 in gross revenues qualifies as a Small Batch Manufacturer if it is importing goods from a foreign manufacturer that produces no more than 7,500 units of a covered product and has gross revenue less than $1,436,864.

On the other hand, an importer that imports goods from a foreign manufacturer that has more than $1,436,864 in gross revenue or produces more than 7,500 of a covered product cannot be considered a Small Batch Manufacturer for that product, even if that importer has less than $1,436,864 in gross revenues and is importing no more than 7,500 units of a product from that foreign manufacturer.

The address must be related to the company that is registering in the Small Batch Manufacturers Registry. If the company is an importer working with foreign manufacturers, the importer’s address must be used.

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 (Group A requirements).

Qualifying and registered Small Batch Manufacturers may not need to third party test for compliance with certain other children's product safety rules under Group B, if the Small Batch Manufacturer is able to prove compliance with applicable requirements through one of the alternative means available.However, if these alternative compliance methods for Group B requirements are not available to the Small Batch Manufacturer, then third-party testing at a CPSC-accepted laboratory must still be conducted to prove compliance with applicable Group B safety requirements.

All manufacturers and importers of children's products, even those that are Small Batch Manufacturers, must ensure that their children's products are compliant with the underlying children's product safety rules and issue a Children's Product Certificate (CPC).

Yes. Registration will be required every year. For calendar year 2022, registration opened December 2021. Registration is ongoing throughout the year.

The business name, city, and state of a registered Small Batch Manufacturer will be made available to the public, unless a business provides CPSC with a written claim of confidentiality within 15 calendar days of registration pursuant to section 6 of the Consumer Product Safety Act. For more information on what this written claim must contain: Disclosure Notification Process: Small Batch Manufacturer's Registry | CPSC.gov.

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. Small Batch Manufacturers should provide their registration number in section 7 of the CPC. For more information on CPC, visit our CPC guidance page.

Registration will be required every calendar year. Registration is valid for the calendar year in which a Small Batch Manufacturer registers with the CPSC.

For example, if a firm registers for calendar year 2022, then the registration is valid for calendar year 2022. If a firm registers later in calendar year 2022, for instance in May, the registration is valid only for the remainder of calendar year 2022; the firm must register again for calendar year 2023.

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 2021, then the registration is valid for calendar year 2021. If a manufacturer registers later in calendar year 2021, for instance in May, the registration is valid only for the remainder of calendar year 2021, The manufacturer must register again for calendar year 2022.

Yes. If the Commission determines in the future that full compliance with a third-party testing requirement in Group B is reasonably necessary to protect public health and safety, then the Commission will no longer 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.

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. 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.

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.

Where the information permits the public to readily ascertain the identity of a manufacturer, private labeler, or importer of a consumer product, section 6(a) of the Consumer Product Safety Act (“CPSA”), 15 U.S.C. § 2055(a), requires the Commission to offer the identified firms the opportunity to mark the information as confidential and barred from disclosure pursuant to section 6(a)(2) of the CPSA. Section 6(a)(2) prohibits the Commission from disclosing information that is trade secret and commercial or financial information obtained from a person and privileged or confidential. Section 6(a)(2) incorporates Exemption 4 of the FOIA, 5 U.S.C. § 552(b)(4).

To make our decisions about exempt information, the Commission must rely on product manufacturers, private labelers, or importers to mark and identify the portions of the information they believe are proprietary and to justify these claims. In justifying any claims of trade secrets or confidential business information, as defined by CPSA section 6(a)(2) or FOIA Exemption 4, you must address the following factors in a written submission to the Commission:

1. Specifically identify the information claimed to be confidential, and explain why that information is considered to be confidential;
2. State whether the information claimed to be confidential has ever been released in any manner to a person who was not an employee or in a confidential relationship with the company;
3. State whether the information so specified is commonly known within the industry or is readily ascertainable by outside persons with a minimum of time and effort;
4. State how release of the information so specified would be likely to cause substantial harm to the company’s competitive position; and
5. State whether you are authorized to make claims of confidentiality on behalf of the person or organization concerned. See also the Commission's regulations under the FOIA, 16 CFR part 1015, and pay close attention to sections 1015.18 and 1015.19.

The business name, city, and state of the firms listed by the Commission as registered small batch manufacturers may be released, unless a firm’s specific justification addressing these five factors meets the relevant statutory and regulatory criteria.

In addition to providing the opportunity to make claims of confidentiality, under section 6(b) of the CPSA, the Commission must provide manufacturers, private labelers, and importers the opportunity to comment on and review certain information before the Commission discloses it to the public.  With such notifications the Commission will provide instructions for responding.