November 2008 -
General Certification of Conformity Frequently Asked Questions
Q. 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 the certificate.
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 program.
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 upon request.
These FAQs 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
Important: The information posted on this page is time sensitive. Rules and regulations often get amended. We do NOT guarantee that the information on this page is the most current details. You must do your own research. Our suggestion is to visit the official site of the U.S Consumer Protection Agency.
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