Generally, all manufacturers of children's products must have their children's products third party tested and certified as compliant with applicable children's product safety rules.
What is the Small Batch Manufacturers Registry?
The Small Batch Manufacturers Registry is the online mechanism by which Small Batch Manufacturers can identify themselves to obtain relief from certain third party testing requirements for children’s products. To register as a Small Batch Manufacturer, an applicant must attest that it satisfies two threshold requirements:
First, it must attest that its total gross revenue from the prior calendar year (e.g., calendar year 2019 sales to qualify for calendar year 2020) from the sale of all consumer products is $1,171,127 or less.
Second, it must attest that it manufactured no more than 7,500 units of the covered product that qualifies the Small Batch Manufacturer for registration.
What is a qualifying small batch manufacturer?
A small batch manufacturer is a qualifying small batch manufacturer if both of the following requirements are satisfied:
Income: A small batch manufacturer is defined as a manufacturer whose total gross revenues from the prior calendar year (e.g., calendar year 2019 sales to qualify for calendar year 2020) from the sale of all consumer products is $1,171,127 or less.
The term "consumer products" includes both children's products and non-children's products even though third party testing requirements apply only to children's products. It does not include revenues from non-consumer products, like food, drugs, and other items not regulated by the CPSC, but it does include revenues from the sale of consumer products by other businesses the registering company controls, is controlled by, or with which it is under common control.
Covered Product: A covered product means a consumer product manufactured by a small batch manufacturer where no more than 7,500 units of the same product were manufactured in the previous calendar year (i.e., calendar year units of the same product manufactured in 2019 for calendar year 2020 qualification.)
Can an importer be a qualifying small batch manufacturer?
Yes, but only if both the importer and the manufacturer of the covered product meet the revenue and unit criteria for small batch manufacturers. For example, an importer that has no more than $1,171,127 in gross revenues qualifies as a small batch manufacturer if it is importing goods from a foreign manufacturer that produces fewer than 7,500 units of a covered product and also has gross revenue less than $1,171,127. On the other hand, an importer that imports goods from a foreign manufacturer that mass produces goods cannot be considered a small batch manufacturer for that product, even if that importer has less than $1,171,127 in gross revenues and is importing fewer than 7,500 units of a product from that foreign manufacturer.
Are small batch manufacturers currently required to third party test their children's products in order to certify compliance to applicable regulations?
It depends on the children's product and the materials used to manufacture that children's product.
Small batch manufacturers will ALWAYS be required to third party test for compliance with certain children's product safety rules (listed in group A, on the right hand side of this page).
Qualifying small batch manufacturers are NOT required to third party test for compliance with certain other children's product safety rules (Group B, on the right hand side of this page). All manufacturers and importers of children's products, even those that are small batch manufacturers, must ensure that their children's products are in compliance with the underlying children's product safety rules in Group B and issue a Children's Product Certificate (CPC). For products with Group B requirements, the CPC does not necessarily need to be based on third party testing (performed by an independent laboratory) and may, instead, be based on first party testing (performed by a manufacturer), a reasonable testing program (performed by a manufacturer), or a certificate of conformity provided by a component part supplier.
Must a qualifying Small Batch Manufacturer register with the CPSC to avoid the requirements of third party testing for the children’s product safety rules listed in Group B?
Yes. Registration will be required every year. For calendar year 2020, registration opened December 2019. Registration is ongoing throughout the year.
What are the benefits of registering now in the CPSC’s Small Batch Manufacturers Registry?
Qualifying Small Batch Manufacturers that register now with the CPSC will benefit in a number of ways. After registering, qualifying Small Batch Manufacturers will not be required to third party test for the children’s product safety rules in Group B until the Commission has provided either an alternative testing requirement or an exemption. In addition, registration will allow companies to document that they are entitled to such relief. A registered small batch manufacturer whose business information is published in the Small Batch Manufacturers Registry will be able to direct retailers to the CPSC website for immediate and easy confirmation of the company’s status as a qualifying Small Batch Manufacturer. Through this process, retailers, in turn, will be able to avoid fraudulent claims of exemption.
Will the name of all registered small batch manufacturers be published in the Small Batch Manufacturers Registry?
The business name, city, and state of a registered small batch manufacturer will be made available to the public, unless, within fifteen calendar days of registration, a business provides CPSC with written notification pursuant to section 6 of the Consumer Product Safety Act. For more information on what this written notification must contain, please click here.
Where can I learn more?
This page serves as the primary resource page for all information related to the third party testing obligations of small batch manufacturers. Please bookmark the page, and check back soon for additional information and guidance.
This communication has been prepared for general informational purposes only and is based upon the facts and information presented. This communication does not, and is not intended to, constitute legal advice and has not been reviewed or approved by the Commission, and does not necessarily represent their views. Any views expressed in this communication may be changed or superseded by the Commission.