[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1203.33]

[Page 223-224]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1203_SAFETY STANDARD FOR BICYCLE HELMETS--Table of Contents
 
                         Subpart B_Certification
 
Sec.  1203.33  Certification testing.

    (a) General. Manufacturers, as defined in Sec.  1203.32(b) to 
include importers, shall conduct a reasonable testing program to 
demonstrate that their bicycle helmets comply with the requirements of 
the standard.

[[Page 224]]

    (b) Reasonable testing program. This paragraph provides guidance for 
establishing a reasonable testing program.
    (1) Within the requirements set forth in this paragraph (b), 
manufacturers and importers may define their own reasonable testing 
programs. Reasonable testing programs may, at the option of 
manufacturers and importers, be conducted by an independent third party 
qualified to perform such testing programs. However, manufacturers and 
importers are responsible for ensuring compliance with all requirements 
of the standard in subpart A of this part.
    (2) As part of the reasonable testing program, the bicycle helmets 
shall be divided into production lots, and sample bicycle helmets from 
each production lot shall be tested. Whenever there is a change in 
parts, suppliers of parts, or production methods, and the change could 
affect the ability of the bicycle helmet to comply with the requirements 
of the standard, the manufacturer shall establish a new production lot 
for testing.
    (3) The Commission will test for compliance with the standard by 
using the standard's test procedures. However, a reasonable testing 
program need not be identical to the tests prescribed in the standard.
    (4) If the reasonable testing program shows that a bicycle helmet 
may not comply with one or more requirements of the standard, no bicycle 
helmet in the production lot can be certified as complying until 
sufficient actions are taken that it is reasonably likely that no 
noncomplying bicycle helmets remain in the production lot. All 
identified noncomplying helmets in the lot must be destroyed or altered 
by repair, redesign, or use of a different material or component, to the 
extent necessary to make them conform to the standard.
    (5) The sale or offering for sale of a bicycle helmet that does not 
comply with the standard is a prohibited act and a violation of section 
19(a) of the CPSA (15 U.S.C. 2068(a)), regardless of whether the bicycle 
helmet has been validly certified.