[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: 16CFR1203.34]

[Page 224-225]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1203_SAFETY STANDARD FOR BICYCLE HELMETS--Table of Contents
 
                         Subpart B_Certification
 
Sec.  1203.34  Product certification and labeling by manufacturers 
(including importers).

    (a) Form of permanent label of certification. Manufacturers, as 
defined in Sec.  1203.32(a), shall issue certificates of compliance for 
bicycle helmets manufactured after March 11, 1999, in the form of a 
durable, legible, and readily visible label meeting the requirements of 
this section. This label is the helmet's certificate of compliance, as 
that term is used in section 14 of the CPSA, 15 U.S.C. 2063.
    (b) Contents of certification label. The certification labels 
required by this section shall contain the following:
    (1) The statement ``Complies with U.S. CPSC Safety Standard for 
Bicycle Helmets for Persons Age 5 and Older'' or ``Complies with U.S. 
CPSC Safety Standard for Bicycle Helmets for Persons Age 1 and Older 
(Extended Head Coverage)'', as appropriate; this label may spell out 
``U.S. Consumer Product Safety Commission'' instead of ``U.S. CPSC'';
    (2) The name of the U.S. manufacturer or importer responsible for 
issuing the certificate or the name of a private labeler;
    (3) The address of the U.S. manufacturer or importer responsible for 
issuing the certificate or, if the name of a private labeler is on the 
label, the address of the private labeler;
    (4) The name and address of the foreign manufacturer, if the helmet 
was manufactured outside the United States;
    (5) The telephone number of the U.S. manufacturer or importer 
responsible for issuing the certificate or, if the name of a private 
labeler is on the label, the telephone number of the private labeler;
    (6) An identification of the production lot; and
    (7) The uncoded month and year the product was manufactured.
    (c) Coding. (1) The information required by paragraphs (b)(4) and 
(b)(6) of this section, and the information referred to in paragraph 
(c)(2) of this section, may be in code, provided:
    (i) The person or firm issuing the certificate maintains a written 
record of the meaning of each symbol used in the code, and

[[Page 225]]

    (ii) The record shall be made available to the distributor, 
retailer, consumer, and Commission upon request.
    (2) A serial number may be used in place of a production lot 
identification on the helmet if it can serve as a code to identify the 
production lot. If a bicycle helmet is manufactured for sale by a 
private labeler, and if the name of the private labeler is on the 
certification label, the name of the manufacturer or importer issuing 
the certificate, and the name and address of any foreign manufacturer, 
may also be in code.
    (d) Placement of the label(s). The information required by 
paragraphs (b)(2), (b)(3), and (b)(5) of this section must be on one 
label. The other required information may be on separate labels. The 
label(s) required by this section must be affixed to the bicycle helmet. 
If the label(s) are not immediately visible to the ultimate purchaser of 
the bicycle helmet prior to purchase because of packaging or other 
marketing practices, a second label is required. That label shall state, 
as appropriate, ``Complies with U.S. CPSC Safety Standard for Bicycle 
Helmets for Persons Age 5 and Older'', or ``Complies with U.S. CPSC 
Safety Standard for Bicycle Helmets for Persons Age 1 and Older 
(Extended Head Coverage)''. The label shall be legible, readily visible, 
and placed on the main display panel of the packaging or, if the 
packaging is not visible before purchase (e.g., catalog sales), on the 
promotional material used with the sale of the bicycle helmet. This 
label may spell out ``U.S. Consumer Product Safety Commission'' instead 
of ``U.S. CPSC.''
    (e) Additional provisions for importers--(1) General. The importer 
of any bicycle helmet subject to the standard in subpart A of this part 
1203 must issue the certificate of compliance required by section 14(a) 
of the CPSA and this section. If a reasonable testing program meeting 
the requirements of this subpart has been performed by or for the 
foreign manufacturer of the product, the importer may rely in good faith 
on such tests to support the certificate of compliance, provided:
    (i) The importer is a resident of the United States or has a 
resident agent in the United States,
    (ii) There are records of such tests required by Sec.  1203.41 of 
subpart C of this part, and
    (iii) Such records are available to the Commission within 48 hours 
of a request to the importer.
    (2) Responsibility of importers. Importers that rely on tests by the 
foreign manufacturer to support the certificate of compliance shall--in 
addition to complying with paragraph (e)(1) of this section--examine the 
records supplied by the manufacturer to determine that they comply with 
Sec.  1203.41 of subpart C of this part.