Consumer Product Safety Improvement Act
CPSIA Requires Tracking Labels for Childrens' Products August 14, 2009
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The US Consumer Product Safety Improvement Act (CPSIA) requires manufacturers to place a tracking label or other distinguishing permanent mark on any consumer product primarily intended for children age twelve and younger manufactured on or after August 14, 2009. This regulation applies to manufacturers of children’s products sold in the US, regardless of where the product was manufactured. The tracking label must contain certain basic information, including the source of the product, the date of manufacture and more detailed information on the manufacturing process such as a batch or run number. On May 13, 2009, the Consumer Product Safety Commission (CPSC) denied a request to extend the enforcement date of tracking label requirements (.pdf). Enforcement of tracking label requirements will begin on August 14, 2009.
The Consumer Product Safety Act (CPSA) defines a children’s product as a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, CPSC will consider factors such as the intended use of the product. The complete CPSA definition of a children’s product can be found under Title 15 USC Section 2052. Manufacturers that are uncertain if their final product is considered a children’s product should seek professional legal advice regarding tracking label requirements.
It is anticipated that CPSC will issue additional guidance before August 14, 2009. Information on CPSIA tracking label requirements can be found here: http://www.cpsc.gov/about/cpsia/summaries/103brief.html. For more information on CPSC regulations and guidance, please visit http://www.cpsc.gov/about/cpsia/cpsia.html.