BPSA Seeks Comments on CPSC Rule Change

The Consumer Product Safety Commission is proposing a rule change that would affect importers and manufacturers of bikes, helmets, cycling apparel and children’s products, and is accepting written comments on the proposed change. Comments are due by July 29.

The proposed rule would amend existing regulation on the certificates of compliance that companies must fill out and supply for product tested to meet the Consumer Product Safety Information Act (CPSIA), which was passed in 2008.

Among other things, it would require that the certificates be submitted electronically at the time of import for certified products; a company would have to indicate where the electronic certificate can be found on the product, shipping carton or invoice; and it would require changes to the information found on the certificates themselves, which must be kept a minimum of five years.

Matt Moore, general counsel for Quality Bicycle Products and chairman of the legal and legislative committee for the Bicycle Product Suppliers Association, said the rule change could potentially add cost and administrative burden for companies without much of an upside.

The BPSA is soliciting comments from all suppliers that are affected — whether they’re BPSA members or not. Moore said the BPSA plans to submit a comment on behalf of the industry and member companies.

“The original requirement to do the testing for products and create a certificate that says we did the testing and it meets applicable regulations, to me that seems to be enough,” Moore said. “Now the additional requirements might make it easier for the government to check up on those things, but it doesn’t improve the testing or safety of products.

“We want to gather information from compliance experts in the industry on what the worst features of this proposed rule are and what we should be pointing out to the agency and make suggestions for alternatives,” Moore said.

The BPSA is planning to host a conference call in coming weeks to begin industry dialogue. Companies interested in taking part should contact Matt Moore at mmoore@qbp.com or BPSA executive director Ray Keener at ray@growthcycle.net.

Suppliers can find the CPSC proposal and submit a formal comment at www.federalregister.gov/articles/2013/05/13/2013-11164/certificates-of-compliance.