The scope of Consumer Product Safety Commission authority is broadly established to extend to any consumer product from which the risk of injury could occur (see 16 CFR 1145.1). Legal authority includes:
- Consumer Product Safety Improvement Act
- Consumer Product Safety Act (15 U.S.C. §§ 2051-2084 (CPSA); 16 CFR Subchapter B Sections 1101 – 1412)
- Federal Hazardous Substances Act (15 U.S.C. §§ 1261-1278; 16 CFR Subchapter C; Sections 1500 – 1513)
- Flammable Fabrics Act (15 U.S.C. §§ 1191-1204; 16 CFR Subchapter D; §§ 1602 – 1633)
- Poison Prevention Packaging Act (15 U.S.C. §§ 1471-1476; 16 CFR Subchapter E; §§ 1700 – 1702)
Importers and/or persons selling the product in the United States are required to certify their compliance. Certification requirements broadly apply to “all products subject to CPSA bans as well as standards, or to any “similar rule, ban, standard, or regulation under any other Act enforced by the Commission.” Unless an exception applies, both importer and manufacturer are required to certify.
This flyer, made available by Sandler, Travis & Rosenberg, while a little outdated at this point, nonetheless provides a good idea on conformity certification applicability.
