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Consumer Product Safety Act
15 U.S.C. Section 2063
§ 2063. Product certification and labeling
(a) Certification accompanying product; products with more than one
manufacturer
(1) Every manufacturer of a product which is subject to a consumer
product safety standard under this chapter and which is distributed in commerce (and the
private labeler of such product if it bears a private label) shall issue a certificate
which shall certify that such product conforms to all applicable consumer product safety
standards, and shall specify any standard which is applicable. Such certificate shall
accompany the product or shall otherwise be furnished to any distributor or retailer to
whom the product is delivered. Any certificate under this subsection shall be based on a
test of each product or upon a reasonable testing program; shall state the name of the
manufacturer or private labeler issuing the certificate; and shall include the date and
place of manufacture.
(2) In the case of a consumer product for which there is more than
one manufacturer or more than one private labeler, the Commission may by rule designate
one or more of such manufacturers or one or more of such private labelers (as the case may
be) as the persons who shall issue the certificate required by paragraph (1) of this
subsection, and may exempt all other manufacturers of such product or all other private
labelers of the product (as the case may be) from the requirement under paragraph (1) to
issue a certificate with respect to such product.
(b) Rules to establish reasonable testing programs
The Commission may by rule prescribe reasonable testing programs for
consumer products which are subject to consumer product safety standards under this
chapter and for which a certificate is required under subsection (a) of this section. Any
test or testing program on the basis of which a certificate is issued under subsection (a)
of this section may, at the option of the person required to certify the product, be
conducted by an independent third party qualified to perform such tests or testing
programs.
(c) Form and contents of labels
The Commission may by rule require the use and prescribe the form
and content of labels which contain the following information (or that portion of it
specified in the rule):
(1) The date and place of manufacture of any consumer product.
(2) A suitable identification of the manufacturer of the consumer
product, unless the product bears a private label in which case it shall identify the
private labeler and shall also contain a code mark which will permit the seller of such
product to identify the manufacturer thereof to the purchaser upon his request.
(3) In the case of a consumer product subject to a consumer product
safety rule, a certification that the product meets all applicable consumer product safety
standards and a specification of the standards which are applicable. Such labels, where
practicable, may be required by the Commission to be permanently marked on or affixed to
any such consumer product. The Commission may, in appropriate cases, permit information
required under paragraphs (1) and (2) of this subsection to be coded.
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