Are you an e-commerce business selling consumer products online in the United States? Are you aware that for many types of consumer products, there are federally mandated testing, labeling, and/or certification requirements? If you’re new to consumer product safety, or need a refresher on applicable requirements for your consumer product(s), go check out CPSC’s Regulatory Robot tool: https://business.cpsc.gov/robot. This multilingual, online tool walks users through a series of questions to identify the likely applicable safety requirements for their consumer product(s). Learn about how to make your product safe and compliant, so you can avoid a costly or deadly federal product safety violation. Educate before you violate.
Below is a list of some common violations CPSC staff has found over the last year in products imported by e-commerce firms:
|
Lead Content Limits: Total Lead Content and Lead in Paint and Similar Surface Coatings |
|
|
Children’s Sleepwear Flammability |
|
|
Choking Hazard Labeling: Latex Balloons, Marbles, Small Balls, and Toys and Games Containing Small Parts |
|
|
Tracking Label Requirements |
|
|
Certificates of Compliance: Children’s Product Certificates (CPC) and General Certificates of Conformity (GCC) |
For each safety violation indicated above, helpful business guidance is provided below to educate you on the applicable requirements.
Lead Content Limits:
Total Lead Content
All accessible component parts of a children's product must comply with the lead content limit of 100 parts per million (ppm). This requirement applies to substrate materials in children’s products, such as metals and plastics. Lead content testing must be conducted at a third party, CPSC-accepted laboratory.
Testing Exemptions: The Commission has determined that certain materials do not need to be tested by a third party laboratory. To rely on the following list, the materials must be untreated and unadulterated, and the product must be made exclusively of the following materials:
- certain natural and synthetic textiles, such as cottons, wools, and polyesters, among others;
- pure wood (not plywood or other composites);
- paper and other similar products made from cellulosic fiber;
- CMYK ink printing processes;
- certain plant-derived and animal-derived materials, such as animal glue, bee's wax, seeds, nut shells, flowers, sea shells, leather;
- certain precious, semi-precious gemstones and pearls; and
- certain stainless steel and precious metals, as listed.
This list is a sampling of the determinations that the Commission has made. You can find the complete list of material determinations at: 16 CFR § 1500.91.
There are also other lead content determinations and exemptions that the Commission has made related to inaccessible component parts 16 CFR § 1500.87, certain electronic devices 16 CFR § 1500.88, and engineered wood products 16 CFR part 1252.
Section 2 of a CPC requires a list of applicable citations for the product being certified. The citation for consumer paints and paints used on movable furniture articles is: 15 U.S.C. § 1278a.
Lead in Paint and Similar Surface Coatings
Paint and similar surface coating materials for consumer use must comply with a mandatory federal consumer product safety rule, the Ban of Lead-Containing Paint and Certain Consumer Products Bearing Lead-Containing Paint, 16 CFR part 1303. Children’s products and certain types of general-use products, specifically movable furniture articles containing paint or similar surface-coating materials, must certify compliance to 16 CFR part 1303.
Lead in Paint Requirements for Children’s Products
Toys and other articles intended for use by children must not contain a concentration of lead greater than 90 parts per million (ppm) in paint or any similar surface coatings. Find additional information at: www.cpsc.gov/leadinpaint. Please read our Frequently Asked Question about textile printing inks, which are like screen printing inks, if you are decorating a children’s garment.
These products must be tested at a CPSC-accepted laboratory that is accepted to test for lead in paint and surface coatings. There are no exceptions or exemptions applicable to this requirement.
Section 2 of a CPC requires a list of applicable citations for the product being certified. The citation for lead in paint and other surface coatings in children’s products is: 16 CFR part 1303.
Lead in Paint Requirements for General-Use Movable Furniture Articles
Furniture articles for consumer use that bear lead-containing paint are also banned. See the definition of “furniture article” at: 16 CFR § 1303.2(b)(4), for information about what items are covered by this rule.
Section 2 of a GCC requires a list of applicable citations for the product being certified. The citation for consumer paints and paints used on movable furniture articles is: 16 CFR part 1303.
Children’s Sleepwear Flammability
Children’s sleepwear generally includes any product of wearing apparel, such as nightgowns, pajamas, robes, or similar or related items intended to be worn primarily for sleeping or activities related to sleeping, with size specifications, depending on the applicable regulation (with certain exceptions). Additionally, CPSC staff considers so-called “loungewear” and other similar garments to be “sleepwear” subject to the children’s sleepwear regulations. Please review CPSC’s staff loungewear policy letter for more details.
Products defined as “children’s sleepwear” must comply with the Commission’s Standards for the Flammability of Children’s Sleepwear at 16 CFR part 1615 (for sizes up to size 6X) and 16 CFR part 1616 (for sizes 7 through 14.) These standards are different from (and more stringent than) flammability standards for general wearing apparel. Manufacturers and importers of children’s sleepwear must certify that the product complies with the applicable sleepwear standard, based on testing conducted by a CPSC-accepted laboratory. Please see the Children’s Sleepwear Laboratory Test Manual for more detailed information related to the testing procedures.
Section 2 of a CPC requires a list of applicable citations for the product being certified. The citation for children’s sleepwear flammability testing is: 16 CFR part 1615 (for sizes up to 6X) and 16 CFR part 1616 (for sizes 7 through 14.)
“Infant garments” (sized 9 months or smaller and meeting addition criteria, as defined in 16 CFR § 1615.1(c)) are not subject to the sleepwear flammability standard, but instead, must comply with the 16 CFR part 1610 flammability standards. Infant garments must bear a label, stating the size of the garment, expressed in terms of months of age. For example, “0 to 3 mos.,” or “9 mos.” If the label is not visible to the consumer when the garment is offered for sale at retail, the same information must appear legibly on the package of the garment.
To qualify as “tight-fitting children’s sleepwear,” the garments must not exceed the measurements defined in 16 CFR § 1615.1(o) (for sizes 0-6X) and 16 CFR § 1616.2(m) (for sizes 7-14). In addition to meeting specific sizing requirements, children’s tight-fitting sleepwear must also meet certain labeling and tagging requirements found within sections 16 CFR § 1615.1(o) and § 1616.2(m). Tight-fitting children’s sleepwear must still meet flammability requirements for general wearing apparel set forth in 16 CFR part 1610 (see helpful video). Tight-fitting garments must bear a label stating, “Wear Snug-fitting, Not Flame Resistant.” The text must be printed on the front of the sizing label located on the center back of the garment and must be immediately below the size designation. See 16 CFR § 1615.1(o)(11) (for sizes 0-6X) and 16 CFR § 1616.2(m)(11) (for sizes 7-14) for additional labeling requirements. Tight-fitting garments must also bear a hangtag that states, “For child’s safety, garment should fit snugly. This garment is not flame resistant. Loose-fitting garment is more likely to catch fire.” Additional requirements for the hangtag, including the size, acceptable font characteristics, and color requirements, among others, can be found in 16 CFR § 1615.1(o)(10)(i) (for sizes 0-6X) and 16 CFR § 1616.2(m)(10)(i) (for sizes 7-14).
Lastly, please check out CPSC’s Sleepwear Seminar Videos on YouTube for a more in-depth discussion on safety requirements for children’s sleepwear:
- CPSC Children's Sleepwear Seminar Part 1
- CPSC Children's Sleepwear Seminar Part 2
- CPSC Children's Sleepwear Seminar Part 3
Choking Hazard Labeling: Toys and Games Containing Small Parts, Latex Balloons, Marbles, and Small Balls
If your product is a toy or game includes a small part as received by the consumer at the time of purchase (defined as any object that, when tested according to procedures in 16 CFR 1501.4, fits entirely within the small parts cylinder), and your product is intended for use by children who are at least 3 years old but less than 6 years old, you must label your product packaging, and any accompanying descriptive material, as containing small parts. (Note, certain products and components as defined in 16 CFR § 1501.3 are exempt from small parts testing and labeling requirements.) This labeling requirement is designed to warn purchasers not to buy them for children under 3 years old, because those children could choke on the small parts. See 16 CFR § 1500.19(b)(1)
Any latex balloon, or toy or game that contains a latex balloon, must bear cautionary labeling, as detailed here: 16 CFR § 1500.19(b)(2).
Small balls, and certain products containing small balls, must bear cautionary labeling, as detailed here: 16 CFR § 1500.19(b)(3).
Marbles, and certain products containing marbles, must bear cautionary labeling, as detailed here: 16 CFR § 1500.19(b)(4).
Please note, the above required cautionary statements must meet additional requirements related to content, prominence, conspicuousness, sizing, location, color, and other characteristics, as detailed at 16 CFR §§ 1500.19, 1500.20, 1500.121 and as modified by 16 CFR § 1500.19(d).
In addition, 16 CFR § 1500.20(d) states that any toys and games subject to one of the labeling requirements found in 16 CFR § 1500.19 must bear that cautionary statement in the product's advertising if the advertising provides a direct means to purchase or order the product (such as a webpage).
Please Note: The CPSC does not require you to have choking hazard labeling certified by a CPSC-accepted, third party testing laboratory; nor does the CPSC require you to certify compliance with the choking hazard labeling requirement in your CPC.
Tracking Labels
All children’s products must include permanent tracking information on the product and its packaging, to the extent practicable. You can find out more information on the tracking label requirement here. (For additional guidance on what is considered a "children's product," please review CPSC staff's frequently asked questions.)
Additionally, please see this helpful short CPSC YouTube video that uses several made-up examples to explain how to comply with CPSC’s tracking label requirements: CPSC Business Education I Tracking Label Requirement - YouTube.
Please Note: The CPSC does not require you to have your tracking label certified by a CPSC-accepted third party testing laboratory. Nor, does the CPSC require you to certify compliance with the tracking label requirement in your Children’s Product Certificate (CPC).
Certificates of Compliance:
Children’s Product Certificates (CPC)
Manufacturers and importers of children’s products must certify compliance with applicable federal safety requirements in a Children’s Product Certificate (CPC). In most instances, testing by a third party, CPSC-Accepted Laboratory must serve as the basis for the production of your CPC.
To find out more information on the seven (7) elements in a CPC, and to see two sample CPCs, please visit: https://www.cpsc.gov/cpc. Additionally, you may find our video series on CPCs helpful in navigating this requirement:
- CPSC Education Series: Children’s Product Certificates (CPC) Part 1 — The first video in the series provides an overview of CPCs and covers the types of information needed to produce a CPC.
- CPSC Education Series: Children’s Product Certificates (CPC) Part 2 | How to Create a CPC — The second video in the series walks the viewer through three fictitious CPC examples to teach you how to create your own CPC.
- CPSC Education Series: Children’s Product Certificates (CPC) Part 3 | Frequently Asked Questions (FAQs) — The third video in the series covers various FAQs regarding CPCs.
Once you have created the CPC, you do not submit it to the CPSC, nor do you need the CPSC to approve your CPC. Instead, CPCs must accompany each product or product shipment, be furnished to each distributor or retailer, and be made available (along with supporting testing documentation) to the CPSC or U.S. Customs and Border Protection (CBP), upon request. These requirements are satisfied by providing an actual hard copy, or by providing the CPC electronically, e.g., through a dedicated website URL specified on your invoice, or via email. (See these FAQs for more information.)
General Certificates of Conformity (GCC)
The information below details how to certify a general-use product as compliant with applicable CPSC requirements in a General Certificate of Conformity (GCC). (If you are not sure whether your product should be categorized as a general-use product or a children’s product, then please review staff’s guidance on how to determine if your product is considered a "children's product." See these FAQs for more information.)
Please Note: Not all general-use products require the production of a GCC. Only products subject to certain standards and requirements indicated on our Rules Requiring a GCC page must have a GCC. Products that do not fall into the listed categories do not require a GCC.
Manufacturers and importers of certain general-use products must certify compliance with applicable federal safety requirements in a General Certificate of Conformity (GCC). In most instances, a reasonable testing program and/or testing at a laboratory must serve as the basis for the production of your GCC.
To find out more information on the seven (7) elements of a GCC, and to see two sample GCCs, please visit: www.cpsc.gov/gcc.
Once you have created the GCC, you do not submit it to the CPSC, nor do you need the CPSC to approve your GCC. Instead, it must accompany the product or product shipment, be furnished to each distributor or retailer, and be made available (along with supporting testing documentation) to the CPSC or U.S. Customs and Border Protection, upon request. These requirements are satisfied by providing an actual hard copy, or by providing the GCC electronically, e.g., through a dedicated website URL provided on your invoice, or via email. (See these FAQs for more information.)