Pub. L. 110-314, 122 Stat. 3016 (Aug. 14, 2008); 15 U.S.C. 2063; 15 U.S.C. 1278a; 16 CFR Parts 1110, 1200, 1303, 1307

In force

Consumer Product Safety Improvement Act of 2008 — Children's Product Requirements

The CPSIA imposes strict requirements on children's products sold in the US: third-party testing at a CPSC-accepted laboratory, a written Children's Product Certificate, permanent tracking labels, and tight limits on lead and phthalates. A children's product is one designed or intended primarily for children 12 years of age or younger.

Read the official text

Applies to

Consumer products designed or intended primarily for children 12 years of age or younger that are manufactured in or imported into the United States and are subject to a children's product safety rule. CPSC weighs four factors: the manufacturer's statement of intended use, how the product is packaged and marketed, how consumers commonly recognise it, and the staff Age Determination Guidelines.

Key obligations

01Before importing or distributing, submit sufficient samples of a children's product subject to a children's product safety rule to a third-party, CPSC-accepted laboratory for compliance testing. Self-testing or in-house testing cannot substitute for third-party testing.source
02The domestic manufacturer or importer must issue a written Children's Product Certificate (CPC), based on the third-party test results, certifying compliance with each applicable children's product safety rule. The CPC and supporting test reports must be in English; no set template is required as long as the 7 required elements are present and accurate.source
03Place permanent, distinguishing tracking marks on the product and its packaging, to the extent practicable, enabling the manufacturer and the ultimate purchaser to ascertain the manufacturer or private labeler, the location and date of production, and cohort information (batch, run number, or other identifying characteristic) (Section 103 CPSIA, codified at 15 U.S.C. 2063(a)(5)).source
04Total lead content: a children's product containing more lead than the statutory limit is treated as a banned hazardous substance. The limit phased down from 600 ppm to 300 ppm and then to 100 ppm beginning three years after enactment (i.e. from 14 August 2011) (15 U.S.C. 1278a).source
05Lead in paint and surface coatings: paint and similar surface-coating materials with lead content above 0.009 percent (90 ppm), and toys, other children's articles and furniture bearing such paint, are banned hazardous products (16 CFR Part 1303; the 0.06 percent limit was reduced to 0.009 percent effective 14 August 2009 by CPSIA section 101(f)).source
06Phthalates: children's toys and child care articles must not contain concentrations of more than 0.1 percent of any of eight specified phthalates — DEHP, DBP, BBP, DINP, DIBP, DPENP, DHEXP or DCHP — including in any plasticized component part (16 CFR 1307.3).source

Conformity routes

Third-party testing + Children's Product CertificateDefault route for any children's product subject to a children's product safety rule: test at a third-party, CPSC-accepted laboratory, then the domestic manufacturer or importer issues the CPC.source
Exemption or CPSC determination (CPC still required)Where a regulation's exemptions/exceptions or a CPSC determination mean the finished product does not require third-party testing, the manufacturer or importer must still create and issue a CPC citing all applicable rules and listing the exception or exemption claimed instead of a laboratory.source
Registered small batch manufacturerRegistered small batch manufacturers not required to third-party test to certain children's product safety requirements must include their CPSC-provided registration number in the laboratory section of the CPC.source

Documentation

Children's Product Certificate (CPC)Must contain 7 elements: product identification; citation to each children's product safety rule certified to; identity (name, full mailing address, phone) of the certifying manufacturer or importer; contact for the records custodian of test results; date and place of manufacture; date(s) and place(s) of testing; identification of the third-party CPSC-accepted laboratory. Must be in English.source
Third-party test reportsSupporting test reports must be in English; the firm on the certificate must facilitate provision of test reports when requested. CPSC suggests issuers keep supporting test records for at least three years (16 CFR 1110.11 note).source
eFiled certificate data (imports, from 8 July 2026)Beginning July 8, 2026, importers of most regulated consumer products must electronically file (eFile) certificates of compliance with U.S. Customs and Border Protection via a Partner Government Agency Message Set.source

Marking requirements

Permanent tracking label on the product and its packaging (to the extent practicable) with manufacturer or private labeler, location and date of production, and cohort information such as batch or run number (15 U.S.C. 2063(a)(5)).source

Testing standards

Harmonised and designated standards lists change over time: confirm the currently cited version before testing.

16 CFR Part 130316 CFR Part 130716 CFR Part 1250

Key dates

2008-08-14CPSIA enacted (Pub. L. 110-314, 122 Stat. 3016).source
2009-08-14Lead-in-paint limit reduced from 0.06 percent to 0.009 percent (90 ppm) as mandated by CPSIA section 101(f).source
2011-08-14100 ppm total lead content limit for children's products began (statute sets it at 3 years after 14 August 2008).source
2026-07-08Importers of most regulated consumer products must begin eFiling certificates of compliance with CBP.source

Penalties

Non-compliance (for example selling a children's product that violates a safety rule, or failing to test, certify or report) can lead to CPSC enforcement including recalls and substantial civil or criminal penalties under the CPSA. Civil penalty maximums are adjusted for inflation — check current amounts with CPSC before relying on a figure.sourceUnverified — check source

Further guidance

Frequently asked

What counts as a children's product?+

A consumer product designed or intended primarily for children 12 years of age or younger. 'Primarily' matters: a product used by all ages (like an ordinary pen or a TV) is a general use product even if children use it. CPSC weighs the manufacturer's stated intent, packaging and marketing, common consumer perception, and its Age Determination Guidelines.

Can I test my children's product in-house instead of using a third-party lab?+

No. Children's products subject to a children's product safety rule must be tested by a third-party laboratory whose accreditation has been accepted by CPSC, and the Children's Product Certificate must be based on those results. In-house testing alone is only enough for general-use (non-children's) products.

Who issues the Children's Product Certificate — the factory or me?+

The US domestic manufacturer, or the importer for products made abroad, is legally responsible for issuing the CPC. You cannot rely on a certificate issued by a foreign factory to satisfy the requirement, although any party may fill in the data on your behalf.

Do I need to put a tracking label on every children's product?+

Yes — children's products must carry permanent, distinguishing marks on the product and packaging, to the extent practicable, identifying the manufacturer or private labeler, the location and date of production, and batch/run information, so both you and the buyer can trace the product.

What are the lead and phthalate limits in plain numbers?+

Total lead in accessible substrate parts of a children's product: 100 ppm. Lead in paint or surface coatings: 90 ppm (0.009 percent). Phthalates: no more than 0.1 percent of any of eight listed phthalates in children's toys and child care articles.

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