The Consumer Product Safety Commission (CPSC) has issued a final rule that implements a law enacted in August 2011 requiring that third-party testing of children’s products for compliance with safety rules involve “representative samples,” as opposed to the law’s previous testing requirement on “random samples.” The rule takes effect February 8, 2013, and will apply to products manufactured thereafter. CPSC Commissioner Nancy Nord issued a statement to explain that she voted against the rule “because it is unclear and ambiguous in its requirements, it imposes unnecessary burdens on those required to test and certify, and it creates uncertainty with respect to compliance with the requirements of the Periodic Testing Rule, 16 C.F.R. § 1107.” See Federal Register, December 5, 2012.
