The Consumer Product Safety Commission (CPSC) has issued a notice that sets forth “the criteria and process for Commission acceptance of accreditation of third-party conformity assessment bodies for testing of all-terrain vehicles (ATVs) designed or intended primarily for children 12 years of age or younger.”  

Under the Consumer Product Safety Act (CPSA) and the Consumer Product Safety Improvement Act of 2008 (CPSIA), each manufacturer, private labeler or importer subject to children’s product safety rules must have their applicable ATVs tested and certified by an accredited third-party conformity assessment body within 90 days of the Federal Register notice, unless CPSC approves an extension request.  

Such bodies will conduct testing under 16 C.F.R. part 1420, Requirements for All Terrain Vehicles, “which incorporates by reference the applicable provisions of the American National Standard for Four Wheel All-Terrain Vehicles, ANSI/SVIA 1-2007.” According to CPSC, the ANSI/SVIA standard establishes ATV youth model categories for products intended for children ages 6 or older (Category Y-6+), ages 10 or older (Category Y-10+), or ages 12 or older (Category Y-12+).  

CPSC has thus established accreditation requirements for three types of assessment bodies: (i) third-party conformity assessment bodies that are not owned, managed or controlled by the manufacturer or private labeler seeking product certification; (ii) “firewalled” conformity assessment bodies that are owned, managed or controlled by the manufacturer or private labeler seeking product certification; and (iii) third-party conformity assessment bodies “owned or controlled, in whole or in part, by a government.”  

In each instance, the commission requires “baseline accreditation” to the International Organization for Standardization/International Electrotechnical Commission Standard 17025:2005, “General Requirements for the Competence of Testing and Calibration Laboratories.” Each assessment body must also be certified by a signatory to the International Laboratory Accreditation Cooperation-Mutual Recognition Agreement (ILAC-MRA), “and the scope of the accreditation must include testing” in accordance with consumer safety regulations.  

When registering with CPSC, the applicant must provide electronic copies of its ILAC-MRA accreditation certificate and scope statement, “and firewalled third party conformity assessment body training documents, if applicable.” The agency’s Website will reflect “an up-to-date listing of the third-party conformity assessment bodies whose accreditations have been accepted and the scope of each accreditation.” CPSC will accept comments on the notice until September 27, 2010.