On February 8, 2013, new requirements pertaining to product testing and certification for children’s products go into effect. These rules include, among other things, the following requirements:

  • Periodic Testing of Children’s Products. Such testing must be performed on a periodic basis by third-party testing laboratories approved by the Consumer Product Safety Commission (CPSC). The required interval for testing is one to three years, depending on whether the manufacturer has a periodic testing plan, has a production testing plan, or conducts continued testing using an appropriately accredited laboratory. However, if a product undergoes a “material change,” the product must be retested sooner.
  • Representative Samples. Manufacturers, importers, and private labelers must provide a sufficient number of representative samples of the children’s products to the third-party testing laboratory.
  • Documentation. Documentation of such testing (including the sampling procedures and the basis for inferring compliance during the periodic-testing interval) must be retained for at least five years.
  • Safeguard Against Undue Influence. Manufacturers must establish procedures to safeguard against the exercise of undue influence by the manufacturer on third-party testing laboratories.