Suppliers Declaration of Conformity

1
Suppliers Declaration of Conformity

• Consumer Product Safety Commission
• By
• Eric Stone

2
CPSC Authority

• Rulemaking authority under
• Consumer Product Safety Act (CPSA)
• Federal Hazardous Substances Act (FHSA)
• Flammable Fabrics Act (FFA)
• Poison Prevention Packaging Act

3
Common Elements

• Authority to set standards
• Preference for performance requirements
• Rigorous cost-benefit analysis
• Deferral to voluntary standards where they
  adequately address the risk of injury.

4
Common Enforcement Schemes

• Import surveillance
• Seizure or denial of entry
• U.S. Customs penalties
• Seizure (U.S. District Court)
• Injunction (U.S. District Court)
• Civil penalties for knowing violations
• Criminal penalties

5
CPSA

• CPSA adds a Certification provision (15 U.S.C.
  2063)
• Manufacturer issues certificate
• must accompany product
• based on a reasonable test program
• include name of manufacturer or private labeler
  on certificate
• date and place of manufacture
• Commission may require tests

6
Example Child Resistant Cigarette Lighters16
CFR Part 1210

• Child testing in U.S.
• Submit report 30 days before import including
• Child test results
• Lighter specifications
• Where lighters manufactured
• Prototype of product

7
Lighters Continued

• Must maintain testing records
• child resistance
• production
• keep for 3 years
• Make available within limited time
• CR tests in U.S.--48 hours
• Production tests w/in 7 days

8
Flammable Fabrics Act15 U.S.C. 1197

• Guaranty Provisions
• continuing guaranty on file
• guaranty for product
• Protect customers
• Backed by reasonable and representative tests
• Example clothing flammability standard (16 CFR
  1610)

9
Clothing Standard

• Must be issued by U.S. firm
• Must keep records for 3 years
• Must produce records upon demand or assumption
  made that the guaranty is false
• Criminal penalties for false guaranty as well as
  penalties for any violations of standards.

10
Voluntary Industry Efforts

• Fireworks regulated under FHSA
• No certification requirement
• Problem CPSC/Customs seizures
• Industry created American Fireworks Standards Lab
  to certify imported fireworks
• CPSC program of surveillance to verify testing
  accuracy.