Children’s products to bear distinguishing marks (generally referred to as “tracking labels”) that:
- Are visible and legible
- Are permanently affixed to the product and its packaging, to the extent practicable
- Provide certain identifying information
The tracking label requirement mandates that the following items of information be ascertainable from the permanent, distinguishing marks on the children’s product and its packaging (to the extent practicable):
- Manufacturer/importer or private labeler name
- Location and date of production
- Detailed information on the manufacturing process (e.g., batch or run number) or other identifying characteristics
- Any other information to facilitate ascertaining the specific source of the product (e.g., address of the manufacturing plant)
For more information, visit our tracking label business guidance page.
It is the responsibility of the domestic manufacturer for products manufactured domestically or the importer of record for products manufactured overseas to ensure compliance with the tracking label requirement.
You can find the law at section 14(a)(5)(A) of the CPSA, 15 U.S.C. § 2063(a)(5)(A).
The Commission has also published a statement of policy on this requirement.
“Tracking label” is a shorthand term used in place of the phrase “distinguishing permanent marks” found at 15 U.S.C. § 2063(a)(5)(A). Firms should not interpret “label” to mean that all of the information has to be printed in one discrete location. If a product already has some or all of the required information, firms need not duplicate existing marks onto a new “label”. The additional required information to satisfy the tracking label requirement may be added to an existing label or placed elsewhere on the product.
For example, the Registered Identification Number (RN) required by the Federal Trade Commission under the Textile, Wool and Fur Acts may satisfy part of the tracking label requirement (does not fully satisfy the tracking label requirement) in that it identifies the responsible firm.
Any markings that a manufacturer relies upon would have to be permanent, and the product would still need to meet all of the requirements set forth in 15 U.S.C. § 2063(a)(5)(A).
Yes. The tracking label must contain information that will allow the ultimate purchaser to determine the manufacturer/importer or private labeler.
The month and year will satisfy the date of production requirement.
CPSC understands that products may not always be made in a single day; therefore, the date of production could be a range of dates if the product is made over a period of time. When the product is a group of disparate components or items assembled together or gathered into one package, the Commission interprets the date of manufacture to mean the date of assembly or placement into one package.
Per the Commission’s statement of policy, the name of the country as well as the city and state (or province, as applicable) where the product was manufactured are sufficient to provide the location of production. All or part of this location of production information may be represented in code form and may be included as part of a larger batch identification system for the purposes of satisfying the tracking label requirement.
Note that the domestic manufacturer or importer of record is also responsible for identifying the specific source of the product in the event of a compliance inquiry or other Commission action. Like the location of production, this information may also be represented in code form.
No. If all of the required tracking information is visible on the product through outer or clear packaging, there is no need for the tracking information to be on the outer package or on any other point-of-sale materials, such as a hangtag. Additionally, when no retail packaging is used to enclose the product, then only labeling the product with the tracking information is sufficient for compliance; an additional hangtag with the tracking label is not required.
Congress modified the requirement for tracking labels with the phrase “to the extent practicable,” recognizing that it may not be practical for permanent distinguishing marks to be printed on small products or surfaces that cannot be feasibly marked.
The Commission expects a manufacturer to depart from the specific requirements only for considered and definable reasons.
Each firm is responsible for making a reasonable judgment about which of the required information can be marked on their product and packaging, given the character and type of their product and packaging. When considering the reasonableness of a firm’s decision regarding what information to include in its markings, the Commission intends to look at the individual firm’s situation along with the practices of the marketplace. If a firm determines that it is not practicable to mark the product or its packaging, the firm should make a written record of the reasons on which it based its decision, including copies of any research conducted into the practices of peer manufacturers and other information about its product which factored into the decision.
Remember that the tracking label is required for both the product and its packaging. While it may not be practicable to affix the tracking label to the product, it may still be practicable to affix the tracking label information to the product’s packaging.
The Commission has not provided specifications or drafted a sample tracking label because each type of consumer product may warrant a different type of tracking label. If you are a manufacturer, importer, or private labeler, and have satisfied all of the requirements in 15 U.S.C. § 2063(a)(5)(A), you have satisfied the legal requirement.
Yes, provided the name of a manufacturer, importer, 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.
The Commission considers a “permanent” mark on a product to be a mark that can reasonably be expected to remain on the product during the useful life of the product.
A mark on disposable packaging must be durable enough to reach the consumer. As such, an adhesive label on a piece of disposable packaging might be sufficient for a packaging mark.
The Commission is aware that some industry consensus standards (commonly referred to as voluntary standards) have provisions concerning the permanency of labels. Such standards may provide guidance to firms when determining whether a marking is permanent.
In most instances, both the packaging and the product must be marked; however, there may be circumstances where it is not practicable to mark the product, such as:
- Product is too small to be marked (the law’s legislative history recognizes that a product’s size is a primary consideration in determining if product marking is feasible)
- Product that clearly intends to use its package as reusable storage (e.g., boardgames with small game pieces)
- Product is sold through a bulk vending machine (individual products do not need to be marked, but the bulk package or carton in which such products are shipped to the retailer should be marked)
- Physically marking weakens/damages the product or impairs its utility
- Product surface is impossible to permanently mark permanently (e.g., elastics, small pieces of fabric, pipe stems)
- Product aesthetics would be ruined by a mark, and a mark cannot be placed in an accessible but inconspicuous location (e.g., bag of marbles)
Remember that even if the product does not need to be marked based on the examples above, the product’s packaging must still be marked with the exception of tracking labels on the product that is completely visible through clear packaging (see question “If the permanent tracking information on the product is plainly visible through outer or clear packaging, must the packaging also be marked?” on this page).
Yes, if certain conditions are met. The label must be permanent in that it should maintain its integrity throughout the expected lifespan of the children’s product. A mark on disposable packaging must be durable enough to reach the consumer. As such, an adhesive label on a piece of disposable packaging might be sufficient as a packaging mark.
No. The law requires that markings with the specified information be permanent. Hangtags and adhesive labels are not permanent for these products. Labels for textiles must be durable enough to last for the anticipated lifespan of the product if consumers follow the care and handling instructions.
There is no exemption or exception from the tracking label requirement based on the size of the business.
When considering your obligations, you should review the following:
- 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 determined.
- What information can be determined 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? You must keep records, including your receipts and purchase orders, because they will help you identify the source of your product and its components and when you began using them.
- 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 in which marking a product might not be practicable, such as a product that is very small. Consider the examples outlined in the FAQ “Must the packaging and product both be marked?” on this page, which describes situations where it might not be practicable to mark a product.
- How is your packaging marked? Could a retailer of your product see from the packaging (or from the product, if the product marking is still fully visible) information that would enable them in the event of a recall to take just your products from the shelf?
Compliance with the tracking label requirement may require small firms to rethink the way they maintain their records and mark their products.
Congress recognized that it might not be practicable to mark every part of a children’s product that comes in multiple pieces. It may be unnecessary to mark all 20 of the blocks in each of your sets. Depending on the nature of your blocks, it might be reasonable to mark one side of one block. If the blocks come with a reusable storage box or bag, that container is considered part of the product; for such products, marking the bag will satisfy the on-product labeling requirement.
No. The reasonableness of attaching a label to hosiery has been considered in the application of the federal Care Labeling rules. Those rules can be a guide to what is practicable in this case. The packaging must still bear the required tracking information.
Yes. All products that are designed and primarily intended for children 12 years of age or younger are subject to the tracking label requirement. In a children’s furniture set, there must be a tracking label affixed to each item of furniture included within the set if each piece of the set is sold separately.