Tuesday, March 1, 2016

CPSC Will No Longer Require Certificates of Compliance for Many Apparel Articles

The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires that a manufacturer or importer of a product subject to a CPSC rule certify that the product complies with that rule. Ordinary adult apparel is subject to a single rule, the flammability standards established under the Flammable Fabrics Act (FFA). CPSIA, then, would seem to require certification solely to demonstrate that any adult apparel product complies with those standards.

However, the rule under the FFA also establishes a list of fabrics that have been determined will necessarily and consistently meet the flammability standard. In light of that determination, relying on our authority and discretion as a law enforcement agency, the Commission will not pursue enforcement action regarding a lack of certification for apparel made entirely from one or more of the listed fabrics.

Based on the data collected, and excluding the tiny fraction of adult apparel that is not made of fabrics on the list, the industry has to produce over 26 million certificates at a cost of roughly $250 million each year. That is a quarter-billion dollar annual price tag for confidence the CPSC already has that these products meet the standard and present little risk.

Commissioner Mohorovic's statement is available at the CPSC website

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