[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: 16CFR1210.12]

[Page 318-319]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1210--SAFETY STANDARD FOR CIGARETTE LIGHTERS--Table of Contents
 
                  Subpart B--Certification Requirements
 
Sec.  1210.12  Certificate of compliance.

    (a) General requirements--(1) Manufacturers (including importers). 
Manufacturers of any lighter subject to the standard must issue the 
certificate of compliance required by section 14(a) of the CPSA and this 
subpart B, based on a reasonable testing program or a test of each 
product, as required by Sec. Sec.  1210.13-1210.14 and 1210.16. 
Manufacturers must also label each lighter subject to the standard as 
required by paragraph (c) of this section and keep the records and make 
the reports required by Sec. Sec.  1210.15 and 1210.17. For purposes of 
this requirement, an importer of 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 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 
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. 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 the importer is a resident of the United States or has a resident 
agent in the United States, the records are in English, and the records 
and the surrogate lighters tested are kept in the United States and can 
be provided to the Commission within 48 hours (Sec.  1210.17(a)) or, in 
the case of production records, can be provided to the Commission within 
7 calendar days in accordance with Sec.  1210.17(a)(3). The importer is 
responsible for ensuring that the foreign manufacturer's records show 
that all testing used to support the certificate of compliance has been 
performed properly (Sec. Sec.  1210.14-1210.16), the records provide a 
reasonable assurance that all lighters imported comply with the standard 
(Sec.  1210.13(b)(1)), the records exist in English (Sec.  1210.17(a)), 
(4) the importer knows where the required records and lighters are 
located and that records required to be located in the United States are 
located there, 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.  
1210.17(a)), and the information required by Sec.  1210.17(b) to be 
provided to the Commission's Division of Regulatory Management 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:
    (1) That the product ``complies with the Consumer Product Safety 
Standard for Cigarette Lighters (16 CFR 1210),''

[[Page 319]]

    (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 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 lighter was manufactured.
    (2) An identification of the manufacturer of the lighter, unless the 
lighter bears a private label. If the lighter bears a private label, it 
shall bear a code mark or other label which will permit the seller of 
the lighter to identify the manufacturer to the purchaser upon request.

[58 FR 37584, July 12, 1993, as amended at 59 FR 67621, Dec. 30, 1994]