Consumer Product Safety Commission Testing and Certification Clauses

Summary

These testing and certification clauses may be used by a manufacturer or other supplier to certify to a retailer, distributor, or other seller of a product that it meets applicable consumer product safety law. These clauses include practical guidance and drafting notes. The Consumer Product Safety Commission (CPSC) is an independent federal agency established to protect the public from unreasonable risks of injury or death caused by defective and hazardous consumer products. It was created in 1972 through the Consumer Product Safety Act (CPSIA) (15 U.S.C. § 2051), which it has been tasked to enforce. The CPSC conducts ongoing research on consumer product hazards and regularly issues voluntary and mandatory safety standards and bans, including those addressing safety, labeling, and testing requirements. It has jurisdiction over more than 15,000 different consumer products. To ensure that CPSC-regulated products are compliant, U.S. manufacturers and importers must understand the rules applicable to their products and certify their compliance. The CPSC has established subgroups for both general use (i.e., non-children's products) and children's products with distinct safety standards, testing, and certification requirements. For a general discussion about CPSC product compliance, see Consumer Product Safety Commission General Use Product Compliance.