---
kind: "section"
citation: "16 C.F.R. § 1212.12"
title: "16"
number: "1212.12"
heading: "Certificate of compliance."
url: "https://uscodex.org/cfr/16/1212.12"
---

# §1212.12. Certificate of compliance.

- (a) **General requirements—**
  - (1) **Manufacturers (including importers).** Manufacturers of any multi-purpose lighter subject to the standard must issue the certificate of compliance required by [section 14(a)](/cfr/16/14.md?p=a) of the CPSA, [15 U.S.C. 2063(a)](/usc/15/2063.md?p=a), and this subpart B, based on a reasonable testing program or a test of each product, as required by §§ [1212.13](/cfr/16/1212.13.md), [1212.14](/cfr/16/1212.14.md), and [1212.16](/cfr/16/1212.16.md). Manufacturers must also label each multi-purpose lighter subject to the standard as required by [paragraph (c)](#c) of this section and keep the records and make the reports required by §§ [1212.15](/cfr/16/1212.15.md) and [1212.17](/cfr/16/1212.17.md). For purposes of this requirement, an importer of multi-purpose lighters shall be considered the “manufacturer.”
  - (2) **Private labelers.** Because private labelers necessarily obtain their products from a manufacturer or importer that is already required to issue the certificate, private labelers are not required to issue a certificate. However, private labelers must ensure that the multi-purpose lighters are labeled in accordance with [paragraph (c)](#c) of this section and that any certificate of compliance that is supplied with each shipping unit of multi-purpose lighters in accordance with [paragraph (b)](#b) of this section is supplied to any distributor or retailer who receives the product from the private labeler.
  - (3) **Testing on behalf of importers.**
    - (i) If the required testing has been performed by or for a foreign manufacturer of a product, an importer may rely on such tests to support the certificate of compliance, provided that:
      - (A) The importer is a resident of the United States or has a resident agent in the United States and
      - (B) The records are in English and the records and the surrogate multi-purpose lighters tested are kept in the United States and can be provided to the Commission within 48 hours ([§ 1212.17(a)](/cfr/16/1212.17.md?p=a)) or, in the case of production records, can be provided to the Commission within 7 calendar days in accordance with [§ 1212.17(a)(3)](/cfr/16/1212.17.md?p=a-3).
    - (ii) **The importer is responsible for ensuring that—**
      - (A) The foreign manufacturer's records show that all testing used to support the certificate of compliance has been performed properly ([§§ 1212.14-1212.16](/cfr/16/1212.14-1212.16.md)),
      - (B) The records provide a reasonable assurance that all multi-purpose lighters imported comply with the standard ([§ 1212.13(b)(1)](/cfr/16/1212.13.md?p=b-1)),
      - (C) The records exist in English ([§ 1212.17(a)](/cfr/16/1212.17.md?p=a)),
      - (D) The importer knows where the required records and multi-purpose lighters are located and that records required to be located in the United States are located there,
      - (E) Arrangements have been made so that any records required to be kept in the United States will be provided to the Commission within 48 hours of a request and any records not kept in the United States will be provided to the Commission within 7 calendar days ([§ 1212.17(a)](/cfr/16/1212.17.md?p=a)), and
      - (F) The information required by [§ 1212.17(b)](/cfr/16/1212.17.md?p=b) to be provided to the Commission's Office of Compliance has been provided.
- (b) **Certificate of compliance.** A certificate of compliance must accompany each shipping unit of the product (for example, a case), or otherwise be furnished to any distributor or retailer to whom the product is sold or delivered by the manufacturer, private labeler, or importer. The certificate shall state:
  - (1) That the product “complies with the Consumer Product Safety Standard for Multi-purpose lighters ([16 CFR part 1212](/cfr/16/part1212.md))”,
  - (2) The name and address of the manufacturer or importer issuing the certificate or of the private labeler, and
  - (3) The date(s) of manufacture and, if different from the address in [paragraph (b)(2)](#b-2) of this section, the address of the place of manufacture.
- (c) **Labeling.** The manufacturer or importer must label each multi-purpose lighter with the following information, which may be in code.
  - (1) An identification of the period of time, not to exceed 31 days, during which the multi-purpose lighter was manufactured.
  - (2) An identification of the manufacturer of the multi-purpose lighter, unless the multi-purpose lighter bears a private label. If the multi-purpose lighter bears a private label, it shall bear a code mark or other label that will permit the seller of the multi-purpose lighter to identify the manufacturer to the purchaser upon request.

## Notes

### Authority

Authority: 15 U.S.C. 2063, 2065(b), 2066(g), 2076(e), 2079(d).

### Source

Source: 64 FR 71872, Dec. 22, 1999, unless otherwise noted.