November 2008 -
General Certification of Conformity Frequently Asked Questions
Can electronic certificates be used to meet the requirements of
Section 102 rather than paper?
A. The CPSC
staff's opinion is that so long as the Commission has reasonable
access to the certificate electronically
and it contains all of the information required by section 102 of
the CPSIA, electronic certificates can
be used to satisfy the CPSIA.
Q. Must each
shipment be "accompanied" by a certificate?
A. Yes, the
law requires that each import (and domestic manufacturer) shipment
be "accompanied" by the required
certificate. The requirement applies to imports and products
manufactured domestically. CPSC staff believes that an electronic
certificate is "accompanying"
a shipment if the certificate is identified by a unique identifier
and can be accessed via a World Wide Web
URL or other electronic means, provided the URL or other electronic
means and the unique identifier are created
in advance and available with the shipment.
Q. Must I supply
the certificate to my distributors and retailers?
A. You are
required to "furnish" the certificate to your distributors
and retailers. CPSC staff believes that
this requirement is satisfied if you provide your distributors and
retailers a reasonable means to access
Q. Must the
certifier(s) sign the certificate?
A. No. Issuing
the certificate satisfies the new law. It does not have to be
signed by the issuer(s).
Q. On what
does my certification have to be based?
A. The general
conformity certification must be based on a test of each
product or a reasonable testing
Q. Where must
these certificates be filed?
A. A certificate
does not have to be filed with the government. As noted above, the
certificate must "accompany"
the product shipment, and be "furnished" to distributors
and retailers, and be furnished to CPSC
are unofficial descriptions and interpretations of various features
of CPSIA and do not replace or supersede
the statutory requirements of the new legislation. These FAQs were
prepared by CPSC staff, have not been
reviewed or approved by, and may not necessarily reflect the views
of, the Commission. Some FAQs may be subject
to change based on Commission action.
Links of Interest:
Rules & Regulations - Nov. 18th, 2008