[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1205.33]

[Page 265-266]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1205--SAFETY STANDARD FOR WALK-BEHIND POWER LAWN MOWERS--Table 
of Contents
 
                        Subpart B--Certification
 
Sec.  1205.33  Certification testing.

    (a) General. Manufacturers and importers shall either test each 
individual rotary walk-behind power lawn mower (or have it tested) or 
shall rely

[[Page 266]]

upon a reasonable testing program to demonstrate compliance with the 
requirements of the standard.
    (b) Reasonable testing program. (1) A reasonable testing program for 
rotary walk-behind power mowers is one that provides reasonable 
assurance that the mowers comply with the standard. Manufacturers and 
importers may define their own reasonable testing programs. Such 
reasonable testing programs may, at the option of manufacturers and 
importers, be conducted by an independent third party qualified to 
perform such testing programs.
    (2) To conduct a reasonable testing program, the mowers shall be 
divided into production lots. Sample mowers from each production lot 
shall be tested in accordance with the reasonable testing program so 
that there is a reasonable assurance that if the mowers selected for 
testing meet the standard, all mowers in the lot will meet the standard. 
Where there is a change in parts, suppliers of parts, or production 
methods that could affect the ability of the mower to comply with the 
requirements of the standard, the manufacturer should establish a new 
production lot for testing.
    (3) The Commission will test for compliance with the standard by 
using the test procedures contained in the standard. However, a 
manufacturer's reasonable testing program may include either tests 
prescribed in the standard or any other reasonable test procedures. (For 
example, in the shield strength test (Sec.  1205.4), the manufacturer 
might choose to use a force higher than the 50 lb force specified in the 
standard.)
    (4) If the reasonable testing program shows that a mower does not 
comply with one or more requirements of the standard, no mower in the 
production lot can be certified as complying until the noncomplying 
mowers in the lot have been identified and destroyed or altered by 
repair, redesign, or use of a different material or components to the 
extent necessary to make them conform to the standard. The sale or 
offering for sale of mowers that do not comply with the standard is a 
prohibited act and a violation of section 19(a)(1) of the CPSA, 
regardless of whether the mower has been validly certified.