---
kind: "section"
citation: "15 U.S.C. § 2063"
title: "15"
title_heading: "Commerce and Trade"
number: "2063"
heading: "Product certification and labeling"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2063"
units:
  - "Chapter 47 — Consumer Product Safety"
---

# §2063. Product certification and labeling

- (a) **Certification accompanying product; products with more than one manufacturer—**
  - (1) **General conformity certification.—** Except as provided in paragraphs [(2)](#a-2) and [(3)](#a-3), every [manufacturer](/usc/15/2052.md?p=a-11) of a product which is subject to a [consumer product safety rule](/usc/15/2052.md?p=a-6) under this chapter or similar rule, ban, standard, or regulation under any other Act enforced by the [Commission](/usc/15/2052.md?p=a-4) and which is imported for consumption or warehousing or distributed in [commerce](/usc/15/2052.md?p=a-3) (and the [private labeler](/usc/15/2052.md?p=a-12-A) of such product if such product bears a private label) shall issue a certificate which—
    - (A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this chapter or any other Act enforced by the [Commission](/usc/15/2052.md?p=a-4); and
    - (B) shall specify each such rule, ban, standard, or regulation applicable to the product.
  - (2) **Third party testing requirement.—** Effective on the dates provided in [paragraph (3)](#a-3), before importing for consumption or warehousing or distributing in [commerce](/usc/15/2052.md?p=a-3) any [children](/usc/15/2052.md?p=a-2)’s product that is subject to a [children](/usc/15/2052.md?p=a-2)’s product safety rule, every [manufacturer](/usc/15/2052.md?p=a-11) of such [children](/usc/15/2052.md?p=a-2)’s product (and the [private labeler](/usc/15/2052.md?p=a-12-A) of such [children](/usc/15/2052.md?p=a-2)’s product if such [children](/usc/15/2052.md?p=a-2)’s product bears a private label) shall—
    - (A) submit sufficient samples of the [children](/usc/15/2052.md?p=a-2)’s product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under [paragraph (3)](#a-3) to be tested for compliance with such [children](/usc/15/2052.md?p=a-2)’s product safety rule; and
    - (B) based on such testing, issue a certificate that certifies that such [children](/usc/15/2052.md?p=a-2)’s product complies with the [children](/usc/15/2052.md?p=a-2)’s product safety rule based on the assessment of a third party conformity assessment body accredited to conduct such tests.

    A [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A) shall issue either a separate certificate for each [children](/usc/15/2052.md?p=a-2)’s product safety rule applicable to a product or a combined certificate that certifies compliance with all applicable [children](/usc/15/2052.md?p=a-2)’s product safety rules, in which case each such rule shall be specified.

  - (3) **Schedule for implementation of third party testing.—**
    - (A) **General application.—** Except as provided under [subparagraph (F)](#a-3-F), the requirements of [paragraph (2)](#a-2) shall apply to any [children](/usc/15/2052.md?p=a-2)’s product [manufactured](/usc/15/2052.md?p=a-10) more than 90 days after the [Commission](/usc/15/2052.md?p=a-4) has established and published notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with a [children](/usc/15/2052.md?p=a-2)’s product safety rule to which such [children](/usc/15/2052.md?p=a-2)’s product is subject.
    - (B) **Time line for accreditation.—**
      - (i) **Lead paint.—** Not later than 30 days after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part [1303](/usc/16/1303.md) of title 16, Code of Federal Regulations.
      - (ii) **Full-size cribs; non full-size cribs; pacifiers.—** Not later than 60 days after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1508, 1509, and 1511 of such title.
      - (iii) **Small parts.—** Not later than 90 days after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with part 1501 of such title.
      - (iv) **Children’s metal jewelry.—** Not later than 120 days after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with the requirements of [section 1278a(a)(2) of this title](/usc/15/1278a.md?p=a-2) with respect to [children](/usc/15/2052.md?p=a-2)’s metal jewelry.
      - (v) **Baby bouncers, walkers, and jumpers.—** Not later than 210 days after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with parts 1500.18(a)(6) and 1500.86(a) of such title.[^1]
      - (vi) **All other children’s product safety rules.—** The [Commission](/usc/15/2052.md?p=a-4) shall publish notice of the requirements for accreditation of third party conformity assessment bodies to assess conformity with other [children](/usc/15/2052.md?p=a-2)’s product safety rules at the earliest practicable date, but in no case later than 10 months after August 14, 2008, or, in the case of [children](/usc/15/2052.md?p=a-2)’s product safety rules established or revised 1 year or more after such date, not later than 90 days before such rules or revisions take effect.
    - (C) **Accreditation.—** Accreditation of third party conformity assessment bodies pursuant to the requirements established under [subparagraph (B)](#a-3-B) may be conducted either by the [Commission](/usc/15/2052.md?p=a-4) or by an independent accreditation organization designated by the [Commission](/usc/15/2052.md?p=a-4).
    - (D) **Periodic review.—** The [Commission](/usc/15/2052.md?p=a-4) shall periodically review and revise the accreditation requirements established under [subparagraph (B)](#a-3-B) to ensure that the requirements assure the highest conformity assessment body quality that is feasible.
    - (E) **Publication of accredited entities.—** The [Commission](/usc/15/2052.md?p=a-4) shall maintain on its Internet website an up-to-date list of entities that have been accredited to assess conformity with [children](/usc/15/2052.md?p=a-2)’s product safety rules in accordance with the requirements published by the [Commission](/usc/15/2052.md?p=a-4) under this paragraph.
    - (F) **Extension.—** If the [Commission](/usc/15/2052.md?p=a-4) determines that an insufficient number of third party conformity assessment bodies have been accredited to permit certification for a [children](/usc/15/2052.md?p=a-2)’s product safety rule under the accelerated schedule required by this paragraph, the [Commission](/usc/15/2052.md?p=a-4) may extend the deadline for certification to such rule by not more than 60 days.
    - (G) **Rulemaking.—** Until the date that is 3 years after August 14, 2008, [Commission](/usc/15/2052.md?p=a-4) proceedings under this paragraph shall be exempt from the requirements of sections 553 and 601 through 612 of title 5.
  - (4) In the case of a [consumer product](/usc/15/2052.md?p=a-5) for which there is more than one [manufacturer](/usc/15/2052.md?p=a-11) or more than one [private labeler](/usc/15/2052.md?p=a-12-A), the [Commission](/usc/15/2052.md?p=a-4) may by rule designate one or more of such [manufacturers](/usc/15/2052.md?p=a-11) or one or more of such [private labelers](/usc/15/2052.md?p=a-12-A) (as the case may be) as the [persons](/usc/15/7a.md?p=6) who shall issue the certificate required under paragraph [(1)](#a-1), [(2)](#a-2), or [(3)](#a-3), and may exempt all other [manufacturers](/usc/15/2052.md?p=a-11) of such product or all other [private labelers](/usc/15/2052.md?p=a-12-A) of the product (as the case may be) from the requirement under paragraph [(1)](#a-1), [(2)](#a-2), or [(3)](#a-3) to issue a certificate with respect to such product.
  - (5)
    - (A) Effective 1 year after August 14, 2008, the [manufacturer](/usc/15/2052.md?p=a-11) of a [children](/usc/15/2052.md?p=a-2)’s product shall place permanent, distinguishing marks on the product and its packaging, to the extent practicable, that will enable—
      - (i) the [manufacturer](/usc/15/2052.md?p=a-11) to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), and any other information determined by the [manufacturer](/usc/15/2052.md?p=a-11) to facilitate ascertaining the specific source of the product by reference to those marks; and
      - (ii) the ultimate purchaser to ascertain the [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A), location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic).
    - (B) The [Commission](/usc/15/2052.md?p=a-4) may, by regulation, exclude a specific product or class of products from the requirements in [subparagraph (A)](#a-5-A) if the [Commission](/usc/15/2052.md?p=a-4) determines that it is not practicable for such product or class of products to bear the marks required by such subparagraph. The [Commission](/usc/15/2052.md?p=a-4) may establish alternative requirements for any product or class of products excluded under the preceding sentence consistent with the purposes described in clauses [(i)](#a-5-A-i) and [(ii)](#a-5-A-ii) of subparagraph (A).
- (b) **Rules to establish reasonable testing programs—** The [Commission](/usc/15/2052.md?p=a-4) may by rule prescribe reasonable testing programs for any product which is subject to a [consumer product safety rule](/usc/15/2052.md?p=a-6) under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the [Commission](/usc/15/2052.md?p=a-4), and for which a certificate is required under [subsection (a)](#a). Any test or testing program on the basis of which a certificate is issued under [subsection (a)](#a) may, at the option of the [person](/usc/15/7a.md?p=6) required to certify the product, be conducted by an independent third party qualified to perform such tests, unless the [Commission](/usc/15/2052.md?p=a-4), by rule, requires testing by an independent third party for a particular rule, regulation, standard, or ban, or for a particular class of products.
- (c) **Form and contents of labels—** The [Commission](/usc/15/2052.md?p=a-4) may by rule require the use and prescribe the form and content of labels which contain the following information (or that portion of it specified in the rule)—
  - (1) The date and place of manufacture of any [consumer product](/usc/15/2052.md?p=a-5).
  - (2) The cohort information (including the batch, run number, or other identifying characteristic) of the product.
  - (3) A suitable identification of the [manufacturer](/usc/15/2052.md?p=a-11) of the [consumer product](/usc/15/2052.md?p=a-5), unless the product bears a private label in which case it shall identify the [private labeler](/usc/15/2052.md?p=a-12-A) and shall also contain a code mark which will permit the seller of such product to identify the [manufacturer](/usc/15/2052.md?p=a-11) thereof to the purchaser upon his request.
  - (4) In the case of a [consumer product](/usc/15/2052.md?p=a-5) subject to a [consumer product safety rule](/usc/15/2052.md?p=a-6), a certification that the product meets all applicable [consumer product](/usc/15/2052.md?p=a-5) safety standards and a specification of the standards which are applicable.

  Such labels, where practicable, may be required by the [Commission](/usc/15/2052.md?p=a-4) to be permanently marked on or affixed to any such [consumer product](/usc/15/2052.md?p=a-5). The [Commission](/usc/15/2052.md?p=a-4) may, in appropriate cases, permit information required under paragraphs (1) and (2) of this subsection to be coded.

- (d) **Additional regulations for third party testing—**
  - (1) **Audit—** Not later than 10 months after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall by regulation establish requirements for the periodic audit of third party conformity assessment bodies as a condition for the continuing accreditation of such conformity assessment bodies under [subsection (a)(3)(C)](#a-3-C).
  - (2) **Compliance; continuing testing—** Not later than 15 months after August 14, 2008, the [Commission](/usc/15/2052.md?p=a-4) shall by regulation—
    - (A) initiate a program by which a [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A) may label a [consumer product](/usc/15/2052.md?p=a-5) as complying with the certification requirements of [subsection (a)](#a); and
    - (B) establish protocols and standards—
      - (i) for ensuring that a [children](/usc/15/2052.md?p=a-2)’s product tested for compliance with an applicable [children](/usc/15/2052.md?p=a-2)’s product safety rule is subject to testing periodically and when there has been a material change in the product’s design or manufacturing process, including the sourcing of component parts;
      - (ii) for the testing of representative samples to ensure continued compliance;
      - (iii) for verifying that a [children](/usc/15/2052.md?p=a-2)’s product tested by a conformity assessment body complies with applicable [children](/usc/15/2052.md?p=a-2)’s product safety rules; and
      - (iv) for safeguarding against the exercise of undue influence on a third party conformity assessment body by a [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A).
  - (3) **Reducing third party testing burdens—**
    - (A) **Assessment—** Not later than 60 days after August 12, 2011, the [Commission](/usc/15/2052.md?p=a-4) shall seek public comment on opportunities to reduce the cost of third party testing requirements consistent with assuring compliance with any applicable [consumer product safety rule](/usc/15/2052.md?p=a-6), ban, standard, or regulation. The request for public comment shall include the following:
      - (i) The extent to which the use of materials subject to regulations of another government agency that requires third party testing of those materials may provide sufficient assurance of conformity with an applicable [consumer product safety rule](/usc/15/2052.md?p=a-6), ban, standard, or regulation without further third party testing.
      - (ii) The extent to which modification of the certification requirements may have the effect of reducing redundant third party testing by or on behalf of 2 or more importers of a product that is substantially similar or identical in all material respects.
      - (iii) The extent to which products with a substantial number of different components subject to third party testing may be evaluated to show compliance with an applicable rule, ban, standard, or regulation by third party testing of a subset of such components selected by a third party conformity assessment body.
      - (iv) The extent to which [manufacturers](/usc/15/2052.md?p=a-11) with a substantial number of substantially similar products subject to third party testing may reasonably make use of sampling procedures that reduce the overall test burden without compromising the benefits of third party testing.
      - (v) The extent to which evidence of conformity with other national or international governmental standards may provide assurance of conformity to [consumer product safety rules](/usc/15/2052.md?p=a-6), bans, standards, or regulations applicable under this chapter.
      - (vi) The extent to which technology, other than the technology already approved by the [Commission](/usc/15/2052.md?p=a-4), exists for third party conformity assessment bodies to test or to screen for testing [consumer products](/usc/15/2052.md?p=a-5) subject to a third party testing requirement.
      - (vii) Other techniques for lowering the cost of third party testing consistent with assuring compliance with the applicable [consumer product safety rules](/usc/15/2052.md?p=a-6), bans, standards, and regulations.
    - (B) **Regulations—** Following the public comment period described in [subparagraph (A)](#d-3-A), but not later than 1 year after August 12, 2011, the [Commission](/usc/15/2052.md?p=a-4) shall review the public comments and may prescribe new or revised third party testing regulations if it determines that such regulations will reduce third party testing costs consistent with assuring compliance with the applicable [consumer product safety rules](/usc/15/2052.md?p=a-6), bans, standards, and regulations.
    - (C) **Report—** If the [Commission](/usc/15/2052.md?p=a-4) determines that it lacks authority to implement an opportunity for reducing the costs of third-party testing consistent with assuring compliance with the applicable [consumer product safety rules](/usc/15/2052.md?p=a-6), bans, standards, and regulations, it shall transmit a report to Congress reviewing those opportunities, along with any recommendations for any legislation to permit such implementation.
  - (4) **Special rules for small batch manufacturers—**
    - (A) **Special consideration; exemption—**
      - (i) **Consideration; alternative requirements—** Subject to [subparagraph (C)](#d-4-C), in implementing third party testing requirements under this section, the [Commission](/usc/15/2052.md?p=a-4) shall take into consideration any economic, administrative, or other limits on the ability of small batch [manufacturers](/usc/15/2052.md?p=a-11) to comply with such requirements and shall, after notice and a hearing, provide alternative testing requirements for covered products [manufactured](/usc/15/2052.md?p=a-10) by small batch [manufacturers](/usc/15/2052.md?p=a-11) in lieu of those required under subsection [(a)](#a) or [(b)](#b). Any such alternative requirements shall provide for reasonable methods to assure compliance with any applicable [consumer product safety rule](/usc/15/2052.md?p=a-6), ban, standard, or regulation. The [Commission](/usc/15/2052.md?p=a-4) may allow such alternative testing requirements for small batch [manufacturers](/usc/15/2052.md?p=a-11) with respect to a specific product or product class or with respect to a specific safety rule, ban, standard, or regulation, or portion thereof.
      - (ii) **Exemption—** If the [Commission](/usc/15/2052.md?p=a-4) determines that no alternative testing requirement is available or economically practicable, it shall exempt small batch [manufacturers](/usc/15/2052.md?p=a-11) from third party testing requirements under subsections [(a)](#a) and [(b)](#b).
      - (iii) **Certification—** In lieu of or as part of any alternative testing requirements provided under [clause (i)](#d-4-A-i), the [Commission](/usc/15/2052.md?p=a-4) may allow certification of a product to an applicable [consumer product safety rule](/usc/15/2052.md?p=a-6), ban, standard, or regulation, or portion thereof, based on documentation that the product complies with another national or international governmental standard or safety requirement that the [Commission](/usc/15/2052.md?p=a-4) determines is the same or more stringent than the [consumer product safety rule](/usc/15/2052.md?p=a-6), ban, standard, or regulation, or portion thereof. Any such certification shall only be allowed to the extent of the equivalency with a [consumer product safety rule](/usc/15/2052.md?p=a-6), ban, standard, or regulation and not to any other part of the [consumer product safety rule](/usc/15/2052.md?p=a-6), ban, standard, or regulation.
      - (iv) **Restriction—** Except as provided in [subparagraph (C)](#d-4-C), and except where the [Commission](/usc/15/2052.md?p=a-4) determines that the [manufacturer](/usc/15/2052.md?p=a-11) does not meet the definition of a small batch [manufacturer](/usc/15/2052.md?p=a-11), for any small batch [manufacturer](/usc/15/2052.md?p=a-11) registered pursuant to [subparagraph (B)](#d-4-B), the [Commission](/usc/15/2052.md?p=a-4) may not require third party testing of a covered product by a third party conformity assessment body until the [Commission](/usc/15/2052.md?p=a-4) has provided either an alternative testing requirement or an exemption in accordance with clause [(i)](#d-4-A-i) or [(ii)](#d-4-A-ii), respectively.
    - (B) **Registration—** Any small batch [manufacturer](/usc/15/2052.md?p=a-11) that utilizes alternative requirements or an exemption under this paragraph shall register with the [Commission](/usc/15/2052.md?p=a-4) prior to using such alternative requirements or exemptions pursuant to any guidelines issued by the [Commission](/usc/15/2052.md?p=a-4) to carry out this requirement.
    - (C) **Limitation—** The [Commission](/usc/15/2052.md?p=a-4) shall not provide or permit to continue in effect any alternative requirements or exemption from third party testing requirements under this paragraph where it determines, based on notice and a hearing, that full compliance with subsection [(a)](#a) or [(b)](#b) is reasonably necessary to protect public health or safety. The [Commission](/usc/15/2052.md?p=a-4) shall not provide any alternative requirements or exemption for—
      - (i) any of the third party testing requirements described in clauses [(i)](#a-3-B-i) through [(v)](#a-3-B-v) of subsection (a)(3)(B); or
      - (ii) durable infant or toddler products, as defined in [section 2056a(f) of this title](/usc/15/2056a.md?p=f).
    - (D) **Subsequent manufacturer—** Nothing in this paragraph shall be construed to affect third party testing or any other requirements with respect to a subsequent [manufacturer](/usc/15/2052.md?p=a-11) or other entity that uses components provided by one or more small batch [manufacturers](/usc/15/2052.md?p=a-11).
    - (E) **Definitions—** For purposes of this paragraph—
      - (i) the term “covered product” means a [consumer product](/usc/15/2052.md?p=a-5) [manufactured](/usc/15/2052.md?p=a-10) by a small batch [manufacturer](/usc/15/2052.md?p=a-11) where no more than 7,500 units of the same product were [manufactured](/usc/15/2052.md?p=a-10) in the previous calendar year; and
      - (ii) the term “small batch [manufacturer](/usc/15/2052.md?p=a-11)” means a [manufacturer](/usc/15/2052.md?p=a-11) that had no more than $1,000,000 in total gross revenue from sales of all [consumer products](/usc/15/2052.md?p=a-5) in the previous calendar year. The dollar amount contained in this paragraph shall be adjusted annually by the percentage increase in the Consumer Price Index for all urban consumers published by the Department of Labor.

      For purposes of determining the total gross revenue for all sales of all [consumer products](/usc/15/2052.md?p=a-5) of a [manufacturer](/usc/15/2052.md?p=a-11) under this subparagraph, such total gross revenue shall be considered to include all gross revenue from all sales of all [consumer products](/usc/15/2052.md?p=a-5) of each entity that controls, is controlled by, or is under common control with such [manufacturer](/usc/15/2052.md?p=a-11). The [Commission](/usc/15/2052.md?p=a-4) shall take steps to ensure that all relevant business affiliations are considered in determining whether or not a [manufacturer](/usc/15/2052.md?p=a-11) meets this definition.

  - (5) **Exclusion from third party testing—**
    - (A) **Certain printed materials—**
      - (i) **In general—** The third party testing requirements established under [subsection (a)](#a) shall not apply to ordinary books or ordinary paper-based printed materials.
      - (ii) **Definitions—**
        - (I) **Ordinary book—** The term “ordinary book” means a book printed on paper or cardboard, printed with inks or toners, and bound and finished using a conventional method, and that is intended to be read or has educational value. Such term does not include books with inherent play value, books designed or intended for a child 3 years of age or younger, and does not include any toy or other article that is not a book that is sold or packaged with an ordinary book.
        - (II) **Ordinary paper-based printed materials—** The term “ordinary paper-based printed materials” means materials printed on paper or cardboard, such as magazines, posters, greeting cards, and similar products, that are printed with inks or toners and bound and finished using a conventional method.
        - (III) **Exclusions—** Such terms do not include books or printed materials that contain components that are printed on material other than paper or cardboard or contain nonpaper-based components such as metal or plastic parts or accessories that are not part of the binding and finishing materials used in a conventional method.
    - (B) **Metal component parts of bicycles—** The third party testing requirements established under [subsection (a)](#a) shall not apply to metal component parts of bicycles with respect to compliance with the lead content limits in place pursuant to [section 1278a(b)(6) of this title](/usc/15/1278a.md?p=b-6).
- (e) **Withdrawal of accreditation—**
  - (1) **In general—** The [Commission](/usc/15/2052.md?p=a-4) may withdraw its accreditation or its acceptance of the accreditation of a third party conformity assessment body accredited under this section if the [Commission](/usc/15/2052.md?p=a-4) finds, after notice and investigation, that—
    - (A) a [manufacturer](/usc/15/2052.md?p=a-11), [private labeler](/usc/15/2052.md?p=a-12-A), or governmental entity has exerted undue influence on such conformity assessment body or otherwise interfered with or compromised the integrity of the testing process with respect to the certification of a [children](/usc/15/2052.md?p=a-2)’s product under this section; or
    - (B) such conformity assessment body failed to comply with an applicable protocol, standard, or requirement established by the [Commission](/usc/15/2052.md?p=a-4) under [subsection (d)](#d).
  - (2) **Procedure—** In any proceeding to withdraw the accreditation of a conformity assessment body, the [Commission](/usc/15/2052.md?p=a-4)—
    - (A) shall consider the gravity of the conformity assessment body’s action or failure to act, including—
      - (i) whether the action or failure to act resulted in injury, death, or the [risk of injury](/usc/15/2052.md?p=a-14) or death;
      - (ii) whether the action or failure to act constitutes an isolated incident or represents a pattern or practice; and
      - (iii) whether and when the conformity assessment body initiated remedial action; and
    - (B) may—
      - (i) withdraw its acceptance of the accreditation of the conformity assessment body on a permanent or temporary basis; and
      - (ii) establish requirements for reaccreditation of the conformity assessment body.
  - (3) **Failure to cooperate—** The [Commission](/usc/15/2052.md?p=a-4) may suspend the accreditation of a conformity assessment body if it fails to cooperate with the [Commission](/usc/15/2052.md?p=a-4) in an investigation under this section.
- (f) **Definitions—** In this section:
  - (1) **Children’s product safety rule—** The term “[children](/usc/15/2052.md?p=a-2)’s product safety rule” means a [consumer product safety rule](/usc/15/2052.md?p=a-6) under this chapter or similar rule, regulation, standard, or ban under any other Act enforced by the [Commission](/usc/15/2052.md?p=a-4), including a rule declaring a [consumer product](/usc/15/2052.md?p=a-5) to be a banned hazardous product or substance.
  - (2) **Third party conformity assessment body—**
    - (A) **In general—** The term “third party conformity assessment body” means a conformity assessment body that, except as provided in [subparagraph (D)](#f-2-D), is not owned, managed, or controlled by the [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A) of a product assessed by such conformity assessment body.
    - (B) **Governmental participation—** Such term may include an entity that is owned or controlled in whole or in part by a government if—
      - (i) to the extent practicable, [manufacturers](/usc/15/2052.md?p=a-11) or [private labelers](/usc/15/2052.md?p=a-12-A) located in any nation are permitted to choose conformity assessment bodies that are not owned or controlled by the government of that nation;
      - (ii) the entity’s testing results are not subject to undue influence by any other [person](/usc/15/7a.md?p=6), including another governmental entity;
      - (iii) the entity is not accorded more favorable treatment than other third party conformity assessment bodies in the same nation who have been accredited under this section;
      - (iv) the entity’s testing results are accorded no greater weight by other governmental authorities than those of other third party conformity assessment bodies accredited under this section; and
      - (v) the entity does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other governmental authorities controlling distribution of products based on outcomes of the entity’s conformity assessments.
    - (C) **Testing and certification of art materials and products—** A certifying organization (as defined in appendix A to section 1500.14(b)(8) of title 16, Code of Federal Regulations (or any successor regulation or ruling)) meets the requirements of [subparagraph (A)](#f-2-A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal Hazardous Substances Act ([15 U.S.C. 1261](/usc/15/1261.md) et seq.).
    - (D) **Firewalled conformity assessment bodies—** Upon request, the [Commission](/usc/15/2052.md?p=a-4) may accredit a conformity assessment body that is owned, managed, or controlled by a [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A) as a third party conformity assessment body if the [Commission](/usc/15/2052.md?p=a-4) by order finds that—
      - (i) accreditation of the conformity assessment body would provide equal or greater consumer safety protection than the [manufacturer](/usc/15/2052.md?p=a-11)’s or [private labeler](/usc/15/2052.md?p=a-12-A)’s use of an independent third party conformity assessment body; and
      - (ii) the conformity assessment body has established procedures to ensure that—
        - (I) its test results are protected from undue influence by the [manufacturer](/usc/15/2052.md?p=a-11), [private labeler](/usc/15/2052.md?p=a-12-A) or other interested party;
        - (II) the [Commission](/usc/15/2052.md?p=a-4) is notified immediately of any attempt by the [manufacturer](/usc/15/2052.md?p=a-11), [private labeler](/usc/15/2052.md?p=a-12-A) or other interested party to hide or exert undue influence over test results; and
        - (III) allegations of undue influence may be reported confidentially to the [Commission](/usc/15/2052.md?p=a-4).
- (g) **Requirements for certificates—**
  - (1) **Identification of issuer and conformity assessment body—** Every certificate required under this section shall identify the [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A) issuing the certificate and any third party conformity assessment body on whose testing the certificate depends. The certificate shall include, at a minimum, the date and place of manufacture, the date and place where the product was tested, each party’s name, full mailing address, telephone number, and contact information for the individual responsible for maintaining records of test results.
  - (2) **English language—** Every certificate required under this section shall be legible and all content required by this section shall be in the English language. A certificate may also contain the same content in any other language.
  - (3) **Availability of certificates—** Every certificate required under this section shall accompany the applicable product or shipment of products covered by the same certificate and a copy of the certificate shall be furnished to each [distributor](/usc/15/2052.md?p=a-8) or [retailer](/usc/15/2052.md?p=a-13) of the product. Upon request, the [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A) issuing the certificate shall furnish a copy of the certificate to the [Commission](/usc/15/2052.md?p=a-4).
  - (4) **Electronic filing of certificates for imported products—** In consultation with the Commissioner of U.S. Customs and Border Protection, the [Commission](/usc/15/2052.md?p=a-4) may, by rule, provide for the electronic filing of certificates under this section up to 24 hours before arrival of an imported product. Upon request, the [manufacturer](/usc/15/2052.md?p=a-11) or [private labeler](/usc/15/2052.md?p=a-12-A) issuing the certificate shall furnish a copy to the [Commission](/usc/15/2052.md?p=a-4) and to the Commissioner of U.S. Customs and Border Protection.
- (h) **Rule of construction—** Compliance of any [children](/usc/15/2052.md?p=a-2)’s product with third party testing and certification or general conformity certification requirements under this section shall not be construed to exempt such [children](/usc/15/2052.md?p=a-2)’s product from any requirement that such product actually be in conformity with all applicable rules, regulation, standards, or ban under any Act enforced by the [Commission](/usc/15/2052.md?p=a-4).
- (i) **Requirement for advertisements—** No advertisement for a [consumer product](/usc/15/2052.md?p=a-5) or label or packaging of such product may contain a reference to a [consumer product safety rule](/usc/15/2052.md?p=a-6) or a voluntary [consumer product](/usc/15/2052.md?p=a-5) safety standard unless such product conforms with the applicable safety requirements of such rule or standard.

## Footnotes

[^1]: So in original. Such title refers to title 16, Code of Federal Regulations.

## Source credit

(Pub. L. 92–573, § 14, Oct. 27, 1972, 86 Stat. 1220; Pub. L. 110–314, title I, §§ 102(a)(1)(A), (2), (3), (b), (d), 103, Aug. 14, 2008, 122 Stat. 3022, 3024, 3027, 3028; Pub. L. 112–28, §§ 2(a), 6, 10(a), Aug. 12, 2011, 125 Stat. 276, 281, 283; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

## Notes

### Editorial Notes

### References in Text

The Federal Hazardous Substances Act, referred to in subsec. (f)(2)(C), is Pub. L. 86–613, July 12, 1960, 74 Stat. 372, which is classified generally to chapter 30 (§ 1261 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1261 of this title and Tables.

### Amendments

2011—Subsec. (a)(5). Pub. L. 112–28, § 6, designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B).

Subsec. (d). Pub. L. 112–28, § 10(a), redesignated subsec. (d), relating to requirement for advertisements, as (i).

Subsec. (d)(2)(B)(ii). Pub. L. 112–28, § 2(a)(1), substituted “representative” for “random”.

Subsec. (d)(3) to (5). Pub. L. 112–28, § 2(a)(2), added pars. (3) to (5).

Subsec. (i). Pub. L. 112–28, § 10(a), redesignated subsec. (d), relating to requirement for advertisements, as (i).

2008—Subsec. (a)(1). Pub. L. 110–314, § 102(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Every manufacturer of a product which is subject to a consumer product safety standard under this chapter and which is distributed in commerce (and the private labeler of such product if it bears a private label) shall issue a certificate which shall certify that such product conforms to all applicable consumer product safety standards, and shall specify any standard which is applicable. Such certificate shall accompany the product or shall otherwise be furnished to any distributor or retailer to whom the product is delivered. Any certificate under this subsection shall be based on a test of each product or upon a reasonable testing program; shall state the name of the manufacturer or private labeler issuing the certificate; and shall include the date and place of manufacture.”

Subsec. (a)(2), (3). Pub. L. 110–314, § 102(a)(2), which directed amendment of par. (2) of this section by adding pars. (2) and (3), was executed by adding pars. (2) and (3) to subsec. (a) of this section, to reflect the probable intent of Congress. Former par. (2) redesignated (4).

Subsec. (a)(4). Pub. L. 110–314, § 102(a)(3), substituted “required under paragraph (1), (2), or (3)” for “required by paragraph (1) of this subsection” and “requirement under paragraph (1), (2), or (3)” for “requirement under paragraph (1)”.

Pub. L. 110–314, § 102(a)(2), which directed amendment of par. (2) of this section by redesignating par. (2) as (4), was executed to subsec. (a) of this section, to reflect the probable intent of Congress.

Subsec. (a)(5). Pub. L. 110–314, § 103(a), added par. (5).

Subsec. (b). Pub. L. 110–314, § 102(d), substituted “any product which is subject to a consumer product safety rule under this chapter, or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission,” for “consumer products which are subject to consumer product safety standards under this chapter” and “, unless the Commission, by rule, requires testing by an independent third party for a particular rule, regulation, standard, or ban, or for a particular class of products.” for “or testing programs.”

Subsec. (c)(2) to (4). Pub. L. 110–314, § 103(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (d). Pub. L. 110–314, § 103(c), added subsec (d) relating to requirement for advertisements.

Pub. L. 110–314, § 102(b), added subsec. (d) relating to additional regulations for third party testing.

Subsecs. (e) to (h). Pub. L. 110–314, § 102(b), added subsecs. (e) to (h).

### Statutory Notes and Related Subsidiaries

### Change of Name

“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in two places in subsec. (g)(4) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

### Effective Date of 2008 Amendment

Pub. L. 110–314, title I, § 102(a)(1)(B), Aug. 14, 2008, 122 Stat. 3022, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect 90 days after the date of enactment of this Act [Aug. 14, 2008].”

Amendment by section 103(c) of Pub. L. 110–314 effective on the date that is 60 days after Aug. 14, 2008, see section 239(a) of Pub. L. 110–314, set out as a note under section 2051 of this title.

### Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.

### CPSC Consideration of Existing Requirements

Pub. L. 110–314, title I, § 102(c), Aug. 14, 2008, 122 Stat. 3027, provided that: “In establishing standards for accreditation of a third party conformity assessment body under section 14(a)(3) of the Consumer Product Safety Act [15 U.S.C. 2063(a)(3)], as added by subsection (a), the [Consumer Product Safety] Commission may consider standards and protocols for accreditation of such conformity assessment bodies by independent accreditation organizations that are in effect on the date of enactment of this Act [Aug. 14, 2008], but shall ensure that the protocols, standards, and requirements prescribed under such section 14(a)(3) incorporate, as the standard for accreditation, the most current scientific and technological standards and techniques available.”