[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1212.12]

[Page 349-350]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1212--Safety Standard for Multi-Purpose Lighters--Table of Contents
 
                  Subpart B--Certification Requirements
 
Sec. 1212.12  Certificate of compliance.

    (a) General requirements.    (1) Manufacturers (including 
importers). Manufacturers of any multi-purpose lighter subject to the 
standard must issue the certificate of compliance required by section 
14(a) of the CPSA, 15 U.S.C. 2063(a), and this subpart B, based on a 
reasonable testing program or a test of each product, as required by 
Secs. 1212.13, 1212.14, and 1212.16. Manufacturers must also label each 
multi-purpose lighter subject to the standard as required by paragraph 
(c) of this section and keep the records and make the reports required 
by Secs. 1212.15 and 1212.17. For purposes of this requirement, an 
importer of multi-purpose lighters shall be considered the 
``manufacturer.''
    (2) Private labelers. Because private labelers necessarily obtain 
their products from a manufacturer or importer that is already required 
to issue the certificate, private labelers are not required to issue a 
certificate. However, private labelers must ensure that the multi-
purpose lighters are labeled in accordance with paragraph (c) of this 
section and that any certificate of compliance that is supplied with 
each shipping unit of multi-purpose lighters in accordance with 
paragraph (b) of this section is supplied to any distributor or retailer 
who receives the product from the private labeler.
    (3) Testing on behalf of importers. (i) If the required testing has 
been performed by or for a foreign manufacturer of a product, an 
importer may rely on such tests to support the certificate of 
compliance, provided that:
    (A) The importer is a resident of the United States or has a 
resident agent in the United States and
    (B) The records are in English and the records and the surrogate 
multi-purpose lighters tested are kept in the United States and can be 
provided to the Commission within 48 hours (Sec. 1212.17(a)) or, in the 
case of production records, can be provided to the Commission within 7 
calendar days in accordance with Sec. 1212.17(a)(3).
    (ii) The importer is responsible for ensuring that:
    (A) The foreign manufacturer's records show that all testing used to 
support the certificate of compliance has been performed properly 
(Secs. 1212.14-1212.16),
    (B) The records provide a reasonable assurance that all multi-
purpose lighters imported comply with the standard (Sec. 1212.13(b)(1)),
    (C) The records exist in English (Sec. 1212.17(a)),
    (D) The importer knows where the required records and multi-purpose 
lighters are located and that records required to be located in the 
United States are located there,
    (E) Arrangements have been made so that any records required to be 
kept in the United States will be provided to the Commission within 48 
hours of a request and any records not kept in the United States will be 
provided to the Commission within 7 calendar days (Sec. 1212.17(a)), and
    (F) The information required by Sec. 1212.17(b) to be provided to 
the Commission's Office of Compliance has been provided.
    (b) Certificate of compliance. A certificate of compliance must 
accompany each shipping unit of the product (for example, a case), or 
otherwise be furnished to any distributor or retailer to whom the 
product is sold or delivered by the manufacturer, private labeler, or 
importer. The certificate shall state:

[[Page 350]]

    (1) That the product ``complies with the Consumer Product Safety 
Standard for Multi-purpose lighters (16 CFR part 1212)'',
    (2) The name and address of the manufacturer or importer issuing the 
certificate or of the private labeler, and
    (3) The date(s) of manufacture and, if different from the address in 
paragraph (b)(2) of this section, the address of the place of 
manufacture.
    (c) Labeling. The manufacturer or importer must label each multi-
purpose lighter with the following information, which may be in code.
    (1) An identification of the period of time, not to exceed 31 days, 
during which the multi-purpose lighter was manufactured.
    (2) An identification of the manufacturer of the multi-purpose 
lighter, unless the multi-purpose lighter bears a private label. If the 
multi-purpose lighter bears a private label, it shall bear a code mark 
or other label that will permit the seller of the multi-purpose lighter 
to identify the manufacturer to the purchaser upon request.