All importers, brands, private labelers, and other manufacturers of children’s products in the US must meet certain testing requirements for their products. (Note: the BCIA has extensive resources about baby carrier and sling testing for BCIA members, including guidance, checklists, and testing discounts.) This testing, including testing baby carriers and slings, must be conducted at CPSC-approved labs:
- before putting any new children’s product on the market
- whenever there is a material change to the product (including a new manufacturer/manufacturing facility)
- at least annually (unless there is a detailed production testing plan in place, as described below, in which case testing must occur every 2-3 years)
Additionally, brands, importers, and private labelers must have a comprehensive written product compliance plan.
Importers and private labelers may not be required to complete these testing requirements if the brand that manufactures that product has already completed the requirements. However, importers and private labelers must exercise due care to ensure the products meet these test requirements.
What is “due care” for importers/private labelers?
Importers/private labelers are responsible for ensuring requirements for testing baby carriers and slings has been completed on products they sell, as prescribed by US law. If the importer/private labeler can determine, with a high degree of assurance, that the brand or manufacturer is complying with these test requirements, they may not have to conduct further testing.
If the importer is not able to obtain relevant data about the compliance and testing plan of the brand they are importing/labeling, then they cannot assume that the products consistently meet requirements of CPSIA and relevant ASTM standards, and as such, must test each batch at a CPSC-approved lab as if it is a new product configuration.
“A firm [importer/private labeler] relying on a supplier who complies with CPSC regulations (either because the supplier is required to comply with the regulations or because the supplier chooses voluntarily to comply) must exercise due care to ensure that the supplier has a periodic or production testing plan in place and that the supplier is following the plan and keeping the required records …. Simply reviewing the foreign manufacturer’s periodic testing plan or production testing plan may not satisfy the requirement, without further evidence that the plans were actually implemented.” -CPSC guidance for importers
“Due care” to ensure imported/privately-labeled products meet testing requirements should include:
- examining evidence that all required periodic testing has been completed (ie reviewing test reports)
- may wish to conduct onsite visits to the manufacturing facility to examine evidence that periodic testing has been properly performed
- may contact the testing laboratory to verify testing has been completed
- may include periodically submitting products for testing to compare results with those reported by the manufacturer/brand
- reviewing the product compliance plan and asking what procedures/safeguards are in place to ensure the plan is followed and that product quality is consistent
What are the requirements for testing baby carriers and slings?
All children’s products, including baby carriers and slings, must be tested and evaluated for compliance with all relevant standards before being put on the marketplace. These tests must be conducted at a CPSC-approved lab.
Once a product has been placed on the market, brands have a continued responsibility to test the products to ensure ongoing compliance.
In general, brands and manufacturers will need conduct periodic testing their baby carriers at least once a year at a CPSC-approved lab.
Brands with enough resources may implement a production testing plan, which is explained below. This includes frequent testing and other quality assurance methods that are ongoing at each manufacturing facility. If and only if a production testing plan is implemented, then testing at CPSC-approved labs is necessary only once every 2 years.
Some larger brands may incorporate regular testing at ISO/IEC 17025-accredited testing laboratories as part of their periodic testing plan. If and only if a brand periodically tests the products to all relevant standards, including the relevant ASTM standards, at an ISO/IEC 17025-accredited testing laboratory, as part of a periodic testing plan, they are only required to test the product at a CPSC-approved lab once every 3 years.
Periodic testing
All manufacturers of children’s products must conduct periodic testing by a third-party laboratory approved by the CPSC. Generally, this periodic testing must be conducted at least once a year, except in cases where a company has implemented an ongoing, detailed production plan, including testing baby carriers and slings or other children’s products at regular intervals. Testing intervals can be set based on a fixed production interval, a specific number of units produced, or other method, as long as no more than a year passes between tests (unless the production testing requirements are met — see the “production testing” section below for those minimum requirements).
Manufacturers must have a written Periodic Testing Plan. This plan must ensure all products manufactured will be functionally similar to the the products chosen for testing. Testing baby carriers and slings is only effective when manufacturing, design, quality, and materials remain consistent between tests.
satisfactory Periodic Testing Plan allows brands, importers, and private labelers of baby carriers to be confident that their Children’s Product Certificate is valid for all carriers they put on the market, and that each carrier complies with all applicable regulations and safety rules.
The periodic testing plan must detail which tests will be conducted, how often testing will occur, and how many samples will be tested.
You should consider testing more frequently than once a year if:
- A product has previously failed testing, or if there is a high variability in products or test results
- Consumer complaints or warranty claims suggest variance or potential failure of products
- There is a new set of component parts, a new facility, or a change to the assembly/production process
- The manufacturer sells very large numbers of products throughout the US, such that a higher level of variability or failure is possible
Production testing and planning
If a manufacturer wishes to test their products less often, they can implement a production testing plan, in which case, third party testing at a CPSC-certified lab must be conducted every two years.
A production testing plan must be robust, comprehensive, and include extensive written documentation. The plan must “provide a high degree of assurance that the products manufactured after certification continue to meet all the applicable children’s product safety rules.” A production testing plan must contain the following elements:
- all applicable children’s product safety rules
- a description of the production testing plan, including, but not limited to:
- a description of the process management techniques used
- the tests to be conducted
- the measurements to be taken
- the intervals at which the tests or measurements will be made
- the number of samples tested
- the procedure used to select product samples for testing
- the logic and justification for determining that the combination of process management techniques and tests provide a high degree of assurance of compliance and product safety
- At each manufacturing site, the manufacturer must have a separate production testing plan specific to each children’s product manufactured at that site;
Production testing must include some recurring testing during the 2 year interval between the tests conducted at CPSC-approved labs. The test methods used to conduct production testing must be effective in determining compliance, and such testing should be conducted at regularly specified intervals between the biennial testing at CPSC-approved labs.
A production plan cannot consist solely of mathematical methods (such as an FMEA, with no additional components, or computer simulations).: recurring testing or the use of process management techniques, production test methods used to conduct production testing must be effective in determining compliance
In addition to conducting lab tests as described above, your periodic testing plan should include additional safeguards that will be consistently implemented and evaluated periodically. These safeguards may include:
- control charts
- statistical process control programs
- failure modes and effects analyses (FMEAs) designed to control potential variations in product manufacturing that could affect the product’s ability to comply with the
- measurement techniques that are nondestructive and tailored to the needs of an individual product to ensure that a product complies with all applicable children’s product safety rules
- detailed quality assurance procedure
Option and requirements for triennial testing
If a brand utilizes a production testing and plan, as described above, they may be able to extend the time between testing at CPSC-approved labs even further.
A brand may be eligible conduct periodic testing test at a CPSC-approved lab only once every three years IF AND ONLY IF they meet the following requirements:
- the company regularly tests their products at an ISO/IEC 17025-certified lab during the triennial period between CPSC-approved laboratory tests (some companies create in-house labs that meet this standard, allowing for in-house testing)
- the same test method(s) are used as those used for certification to the applicable children’s product safety rules (ie, utilizing methods outlined in ASTM standards when testing baby carriers and slings)
- testing using an ISO/IEC 17025-accredited laboratory “occurs frequently enough to provide a high degree of assurance that the children’s product continues to comply with the applicable children’s product safety rules”
How can I get more help with understanding the requirements for testing baby slings and carriers?
The Baby Carrier Industry Alliance has been supporting brands, importers, private labelers, resellers, and others in compliance with safety standards since 2010.
Membership quickly pays for itself in the savings of both time and money through the resources and testing discounts we offer to BCIA members.
Click here to read more about the many benefits of a BCIA membership.
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