CPSC Amends Conditions for Accepting Prior Flammability Testing for Children's Mattresses

November 29, 2010 by Barbara Chaves|FDA and EPA

The Consumer Product Safety Commission has issued a notice amending the terms under which it will accept certifications for children’s mattresses, mattress pads, and/or mattress sets based on testing by a third-party lab to the flammability regulations at 16 CFR parts 1632 and/or 1633 that occurred prior to CPSC’s acceptance of that lab’s accreditation.

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Taking Action to Reduce Unnecessary Retesting of Complying Products

CPSC states that it is taking this action in response to requests from certain mattress manufacturers to reduce unnecessary retesting of mattresses, mattress pads, and/or mattress sets that have already been tested and found to be in compliance with CPSC regulations.

Revising Its Limited Acceptance of Prior Certifications in Two Instances

Based on comments in two letters from the trade¹, CPSC is revising its position on its “Limited Acceptance of Children’s Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to the Commission’s Acceptance of Accreditation.’’

CPSC has decided that it will accept children’s product certifications based on third-party lab testing, prior to a lab’s accreditation by CPSC, under the following two different testing scenarios:

Certain third-party labs on/after July 2007 - the testing is performed by certain accredited third-party labs on or after July 1, 2007, provided the lab’s accreditation is accepted by CPSC by November 16, 2010; the lab was International Organization for Standardization (ISO) /IEC 17025 accredited by an accreditation body that is a signatory to the ILAC--MRA²; etc. (See notice for complete details.)

One of 7 U.S. labs on/after July 2007 -- the testing is performed by any of seven³ U.S. labs listed in the notice, provided the testing was conducted on or after July 1, 2007, but not later than November 16, 2010; the test results show compliance with the applicable current standards and/or regulations; etc. (See notice for complete details.)

3rd-Party Flammability Certification Required for Children’s Mattresses Since Nov 26, 2010

CPSC reminds the trade that children’s mattresses, mattress pads, and/or mattress sets manufactured after November 16, 2010 must be tested by a CPSC-accredited third- party lab and accompanied by a certificate of compliance based on that testing. (See ITT’s Online Archives or 09/14/10 news, 10091416, for BP summary.)

¹The International Sleep Products Association (ISPA) and Springs Creative Products Group, LLC both submitted letters to CPSC requesting changes to its certification requirements.

²International Laboratory Accreditation Cooperation-Mutual Recognition Arrangement

³Underwriters Laboratories (UL), in Northbrook, IL; Stork Twin City Testing Corporation, in St. Paul, MN; Govmark Organization, in Farmingdale, NY; SGS US Testing, in Tulsa, OK; Southwest Research Institute, in San Antonio, TX; Intertek, in Elmendorf, TX; and Chilworth, in Kelso, WA.