[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8781-8782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4066]


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CONSUMER PRODUCT SAFETY COMMISSION


Tracking Labels for Children's Products Under Section 103 of the 
Consumer Product Safety Improvement Act; Notice of Inquiry; Request for 
Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of inquiry.

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SUMMARY: The Consumer Product Safety Improvement Act of 2008 requires 
that, effective August 14, 2009, the manufacturer of a children's 
product must place permanent distinguishing marks on the product and 
its packaging that provides certain identifying information. The United 
States Consumer Product Safety Commission (``Commission'') is 
requesting comments and information about implementation of this 
program.

DATES: Written comments must be received by April 27, 2009.

[[Page 8782]]


ADDRESSES: Comments should be e-mailed to [email protected]. 
Comments also may be mailed, captioned ``tracking labels,'' preferably 
in five copies, to the Office of the Secretary, Consumer Product Safety 
Commission, Room 502, 4330 East West Highway, Bethesda, Maryland 20814, 
or delivered to the same address (telephone (301) 504-7923). Comments 
may also be filed by facsimile to (301) 504-0127.

FOR FURTHER INFORMATION CONTACT: John ``Gib'' Mullan, Director, Office 
of Compliance and Field Operations, U.S. Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 
504-7626.

SUPPLEMENTARY INFORMATION:

A. Statutory Tracking Label Requirement

    The U.S. Consumer Product Safety Commission invites comments on 
implementation of section 103 of the CPSIA, Tracking Labels for 
Children's Products. Effective August 14, 2009, section 103 of the 
CPSIA requires, to the extent practicable, the placement of permanent, 
distinguishing marks on children's products and packaging to enable:
    (A) The manufacturer to ascertain the location and date of 
production of the product, cohort information (including the batch, run 
number, or other identifying characteristic), and any other information 
determined by the manufacturer to facilitate ascertaining the specific 
source of the product by reference to those marks; and
    (B) The ultimate purchaser to ascertain the manufacturer or private 
labeler, location and date of production of the product, and cohort 
information (including batch, run number, or other identifying 
characteristic).

Public Law 110-314, sec. 103(a), 122 Stat. 3016 (August 14, 2008). 
Under the CPSIA, a ``children's product'' is ``a consumer product 
designed or intended primarily for children 12 years of age or 
younger.'' Id. sec. 235(a).
    Section 103 of the CPSIA also amends section 14(c) of the Consumer 
Product Safety Act (``CPSA'') (15 U.S.C. 2063(c)), which already 
authorizes the Commission to require, by rule, the use of traceability 
labels (including permanent labels) where practicable, on any consumer 
product. This section allows the Commission to require labels that may 
include these elements:
     Manufacturer or private labeler.
     Date and place of manufacture.
     Cohort information (including batch, run number, or other 
identifying characteristic) of the product.
    This same section provides that, where traceability labels are 
required by rule under CPSA section 14(c) and a covered product is 
privately labeled, the product must carry a code mark permitting the 
seller to identify the manufacturer upon a purchaser's request.
    The Commission is aware of the potential public interest in 
implementing a tracking label approach in close consultation with other 
national and regional jurisdictions. To the extent that a uniform 
approach can be developed, consumers may be better informed in the 
event of a recall. Manufacturers also may have greater certainty in 
identifying affected products and production management costs may be 
reduced, with possible pricing benefits to consumers. The Commission 
intends to draw from responses to this request for comments in its 
discussions on tracking label policy with other national and regional 
regulators.

B. Request for Comments

    Given the spectrum of options available to CPSC to implement the 
tracking labeling requirement for children's products, the staff is 
interested in comments and information regarding:
    1. The conditions and circumstances that should be considered in 
determining whether it is ``practicable'' to have tracking labels on 
children's products and the extent to which different factors apply to 
including labels on packaging.
    2. How permitting manufacturers and private labelers to comply with 
labeling requirements with or without standardized nomenclature, 
appearance, and arrangement of information would affect:
    a. Manufacturers' ability to ascertain the location and date of 
production of the product; and
    b. Other business considerations relevant to tracking label policy.
    3. How consumers' ability to identify recalled items would be 
affected by permitting manufacturers and private labelers to comply 
with labeling requirements with or without standardized nomenclature, 
appearance, and arrangement of information.
    4. How, and to what extent, the tracking information should be 
presented with some information in English or other languages, or 
whether presentation should be without the use of language (e.g., by 
alpha-numeric code with a reference key available to the public).
    5. Whether there would be a substantial benefit to consumers if 
products were to contain tracking information in electronically 
readable form (to include optical data and other forms requiring 
supplemental technology), and if so, in which cases this would be most 
beneficial and in which electronic form.
    6. In cases where the product is privately labeled, by what means 
the manufacturer information should be made available by the seller to 
a consumer upon request, e.g.: Electronically via Internet, or toll-
free number, or at point of sale.
    7. The amount of lead time needed to comply with marking 
requirements if the format is prescribed.
    8. Whether successful models for adequate tracking labels already 
exist in other jurisdictions.
    A study on possible product labeling protocols ``Feasibility Study: 
Post-manufacturing Traceability System between the PRC and the EU, 
November 2008'' may be found at the following Web site: http://www.euchinawto.org/index.php?option=com_content&task=view&id=258&Itemid=1 (referenced here with permission). 
The Commission does not necessarily endorse or support any views or 
conclusions in that study. However, the document provides useful 
background for discussion of traceability labeling policies.
    The Commission understands that other jurisdictions plan to request 
comments on tracking label policy in the near future. On its Web site 
http://www.cpsc.gov, CPSC will provide links to Internet notices by 
other jurisdictions as staff becomes aware of them.

    Dated: February 20, 2009.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-4066 Filed 2-25-09; 8:45 am]
BILLING CODE 6355-01-P