Note: As with all information about the CPSIA furnished by Ryonet, the following information is as we understand the CPSIA to be and is in no way to be construed as a legal advice. Please refer to the CPSC for detailed information. http://cpsc.gov/cpsia.pdf Our intent here is to help clarify the new law in simplified terms.
Tracking labels compliant with the CPSC
SEC. 103. TRACKING LABELS FOR CHILDREN’S PRODUCTS.
(a) IN GENERAL.—Section 14(a) (15 U.S.C. 2063(a)), as amended by section 102 of this Act, is further amended by adding at the end the following: ‘‘(5) Effective 1 year after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the manufacturer of a children’s product shall place permanent, distinguishing marks on the product and its packaging, to the extent practicable, that will enable—
‘‘(A) the manufacturer to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), and any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks; and
‘‘(B) the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic).’’
WHY? The purpose of the tracking label is for effective recalls if necessary.
WHO? The manufacturer is required to apply the tracking label. The CPSA defines a manufacturer as any person who manufactures or imports the product. The manufacturer is anyone who adds value to the (exempt) garment. This is usually the printer. If you add ink, vinyl, buttons, zippers, rhinestones, etc : you are considered the manufacturer and responsible for the tracking label. The tracking label should serve as a link back to the final stage of production.
HOW? The requirement does not call for an actual label yet calls for permanent “distinguishing marks” on the product and the packaging, to allow the manufacturer and private labeler to “ascertain” the required tracking information. The requirement applies to all children’s products to the extent that the product and packaging can be “practicably” labeled.
Ascertain: The marks should help the consumer and manufacturer find out the required information. Keep in mind, the statute does not say the tracking label must “contain” the required information. Therefore, in the event of a recall, the consumer and manufacturer should be able to refer to the label and, through some reasonable means of communication (800 number, recall notice, company website, email, etc.) determine, with some specificity, whether the product is covered by the recall or not.
Why label packaging as well? The packaging will help a retailer remove non-compliant products from the shelves in the event of a recall. Hang tags, adhesive stickers, shoeboxes, plastic bags, even hangers are all examples of packaging. If your product is sold without packaging, you do not need to create packaging to satisfy the requirement.
WHAT? What does the label/ distinguishing marks have to include?
- Location of Production
- Date of Production
- Cohort information- traceable system with the manufacturer as to the exact identity in case of recall.
- Manufacturer or private labeler. Name, address, phone, website, and name of contact.