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1) What are "children’s product", "children’s toy", and "child care article"?
 
The terms "children’s product", "children’s toy" and "child care article" are defined under the CPSIA and manufacturers must understand these terms in order to fulfill their associated requirements:
 
"Children’s product"
A consumer product designed or intended primarily for children of 12 years of age or younger.
"Children’s toy"
A consumer product designed or intended by the manufacturer for children 12 years of age or younger to play with.
"Child care article"
A consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children of age 3 and younger, or to help such children in sucking or teething.
 
For more details, please click on the following link:
 
 
 
2) What type of products fall under the category of “Durable Nursery Products”?
 
The term “Durable” generally means being able to last for a long time without significant deterioration. Therefore, clothing and textile items are generally not considered as durable items. The items specified in the CPSIA (Section 104) as examples of durable products are articles primarily made of rigid materials, such as:
 
Full-size cribs and non-full-size cribs
Gates and other enclosure for confining a child
Toddler beds
Play yards
High chairs, booster chairs, and hook-on chairs
Stationary activity centers
Bath seats
Infant carriers
Strollers
Swings
Walkers
Bassinets and cradles
 
3) There are two possible approaches for manufacturers to satisfy the Product Safety Certification requirements of the CPSIA. One is to obtain reports based on the Third Party Testing and the other is to issue a self-declared General Certificate of Conformity (GCC).  So what should a GCC look like?
 
The GCC should certify, based on the testing for each product or upon a reasonable testing program, that a product complies with all rules, bans, standards, or regulations applicable under CPSIA or any other Act enforced by CPSC. The GCC should specify each rule, ban, standard, or regulation of the CPSIA which is applicable to the product.
 
A sample template of GCC can be found at the link below:
 
 
4) Are there any labeling requirements for components or sub-assemblies imported to the United States to be integrated into another end product?
 
No, tracking labels are only required for end products if they are primarily intended for children 12 years of age or younger.
 
 
5) A US manufacturing company which imports a children’s toy from a Chinese manufacturer and makes its own brand product for a US retailer store. Which company is responsible to issue a GCC?
 
According to the CPSIA, for any product manufactured overseas, its GCC must be issued by the importer. While for a product produced within the US, its GCC must be issued by the U.S. manufacturer. Neither a foreign manufacturer nor a private labeler is required to issue a GCC. Moreover, the company issuing a GCC is also required to provide relevant compliance information to its distributors and retailers. Therefore, in this question the U.S. company which imports the toy should be the party for providing a GCC.
 
 
6) How long should a manufacturer retain documentation, including product testing records in order to comply with the CPSIA requirements?
 
Generally speaking, the CPSC requires all records related to a product compliance certification, including product testing reports, be maintained for at least three years from the date of issuing the certifications.
 
7) How can a manufacturer implement CPSIA labeling requirements for products with small sizes?
 
As for small size products, the CPSIA allows labeling to be only applied on the packaging. For example, for a boxed board game containing a board and small game pieces, the box and the board should be marked, but the individual small game pieces do not require the labels.
 
 
8) Where can I find out more information regarding the testing laboratories that are accredited by the CPSC?
 
A list of CPSC accredited laboratory can be obtained through the following link:
 
The laboratories in the list have been approved by the CPSIA. Such list will be updated regularly by the CPSC.
 
 
9) If I sell or resell used children’s products, do I need to carry out product testing?
 
You are not required to carry out product testing. However, as a reseller (including retailer, someone who sells on auction web sites, etc.), you must not knowingly sell children’s products that do not comply with the CPSIA. If the reseller has not been informed about the restricted substances contained in an actually non-compliant product, the commission (CPSC) generally will not prosecute the reseller.
 
 
10) According to Section 101 of the CPSIA, ifthe 100 parts per million limit is not technologically feasible for a product or product category, the Commission shall, by regulation, establish an amount that is the lowest amount feasible below 300 parts per million”. What is the definition of “technologically feasible”? What is the impact to the manufacturers of the applicable products?
 
According to Section 101 of the CPSIA, the limit which is deemed to be technologically feasible for a product or product category, if:
1)          a product that complies with the limit is commercially available in the product category;
2)          technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term;
3)          industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or
4)          alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.
 
If a product/product category has been determined to be not technologically feasible to achieve the general lead concentration limit, a higher limit will be specified by the CPSC based on the condition that certain measures will be taken to minimize the potential exposure to the consumers. For example, the CPSC may request the manufacturers to apply an additional child-resistant cover or casing to reduce the accessibility of lead in the products.
 
 

 
Disclaimer: Any opinions, findings, conclusions or recommendations expressed in this material/event (or by members of the Project team) do not reflect the views of the Government of the Hong Kong Special Administrative Region, Trade and Industry Department or the Vetting Committee for the SME Development Fund.