On August 18, the U.S. Consumer Product Safety Commission (CPSC) issued two notices in the Federal Register, announcing the approval of third-party conformity assessment agencies to conduct flammability testing on specific products according to established safety standards. These notices are part of the ongoing effort to ensure that children’s products meet essential safety requirements. The first notice pertains to the testing of children’s clothing intended for those 12 years old or younger, based on the flammability standard outlined in Section 1610 of Title 16 of the Code of Federal Regulations (CFR). The second notice covers the testing of mattresses, mattress pads, and beddings designed for children under 12, following the flammability regulations set forth in Sections 1632 and 1633 of the same title. Public comments on these notices are due by September 17. Under the Consumer Product Safety Improvement Act (CPSIA), manufacturers, importers, and private labelers of certain products must submit their products for testing and certification by approved third-party laboratories. These labs must be accredited and issue compliance certificates based on test results that align with the relevant regulations. The new notices outline the specific requirements for testing children's clothing and bedding, ensuring they meet the necessary flammability standards. These rules will apply to products manufactured on or after November 17. Even if a laboratory’s own accreditation has not yet been recognized by the CPSC, its test results may still be accepted under certain conditions. For example, the lab must be certified under the International Laboratory Accreditation Alliance (ILAC) Mutual Recognition Arrangement and meet ISO/IEC 17025 standards. Additionally, the lab must have submitted an application for testing using the flammability test method by October 18, and the tests must have been conducted on or after August 18. The third-party conformity assessment agency must have a certification scope that includes testing for flammability standards related to clothing, bedding, and mattress sets. The test results must show compliance with current standards. Until the mandatory third-party certification takes full effect, the existing conditions and certification scopes remain valid. This update reflects the CPSC’s continued commitment to enhancing product safety, particularly for children, by ensuring that all relevant products undergo rigorous flammability testing by qualified third-party laboratories.

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