[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1209.33]

[Page 305]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1209--INTERIM SAFETY STANDARD FOR CELLULOSE INSULATION--Table of Contents
 
                        Subpart B--Certification
 
Sec. 1209.33  Reasonable testing program.

    (a) General. Section 14(a) of the Consumer Product Safety Act (15 
U.S.C. 2063(a)) requires each manufacturer, importer, or private labeler 
of a product which is subject to a consumer product safety standard to 
issue a certificate of compliance with the applicable standard and to 
base that certificate upon a test of each item or upon a reasonable 
testing program. Because it is not practical to test each item subject 
to the standard, a reasonable testing program shall be used to support 
certificates of compliance for cellulose insulation.
    (b) Requirements of testing program. A reasonable testing program 
for cellulose insulation is one which demonstrates with reasonable 
certainty that insulation certified to comply with the standard will 
meet all requirements of the standard. Manufacturers, private labelers, 
and importers shall determine the types and frequency of testing for 
their own reasonable testing programs. A reasonable testing program may 
include either the tests prescribed by the standard, or any other 
reasonable test procedures. However, a reasonable testing program cannot 
consist of tests which the party issuing the certificate of compliance 
knows (or through the exercise of reasonable diligence should know) will 
pass or accept insulation which will yield failing results when 
subjected to any of the tests in the standard. All reasonable testing 
programs shall consist of four elements:
    (1) Qualification tests which must be performed on samples of the 
manufacturer's cellulose insulation to demonstrate that the product is 
capable of passing the tests prescribed by the standard.
    (2) A description of the cellulose insulation which passed the 
qualification testing. This description is known as the ``product 
specification.''
    (3) Production tests, which must be performed at appropriate 
production intervals as long as the cellulose insulation is being 
manufactured.
    (4) Corrective action, which must be taken whenever samples of the 
cellulose insulation yield unacceptable or failing test results.
    (c) Commission testing. The Commission will test for compliance with 
the standard by using the test procedures contained in the standard, and 
will base enforcement actions for violation of the standard on the 
results of such testing.
    (d) Testing by third parties. At the option of the manufacturer, 
importer, or private labeler, some or all of the testing for the 
reasonable testing program may be performed by a commercial testing 
laboratory. However, the manufacturer, importer, or private labeler is 
responsible for ensuring that all testing used to support the 
certificate of compliance has been properly performed with passing or 
acceptable results and for maintaining all records of such tests in 
accordance with Sec. 1209.38 below.

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