[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: 16CFR1209.39]

[Page 307-308]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1209_INTERIM SAFETY STANDARD FOR CELLULOSE INSULATION--Table 
of Contents
 
                         Subpart B_Certification
 
Sec.  1209.39  Certification of compliance.

    (a)(1) Responsibilities of manufacturer for insulation sold in bags. 
Manufacturers of cellulose insulation subject to the standard which is 
sold in bags or other containers shall certify compliance with the 
standard by marking each bag or container with the following 
information:
    (i) The statement ``This product meets the amended CPSC standard for 
flame resistance and corrosiveness of cellulose insulation.'' (This 
statement is the same statement provided in Sec.  1209.9 of the 
standard; it need not appear twice on the bag or container.)
    (ii) The name of the manufacturer, private labeler, or importer 
issuing the

[[Page 308]]

certificate of compliance. See paragraphs (b) and (c), below.
    (iii) The date of manufacture by day, month, and year.
    (iv) The place of manufacture, by city, state, and zip code, or in 
the case of products manufactured outside the United States, by city and 
country.

The information required by this Sec.  1209.39(a) may appear anywhere on 
the bag or container. The information required need not appear at the 
same place on the bag or container. The information shall be permanent 
until the bag or container is opened and used. The information shall be 
conspicuous and must appear in letters and figures at least \1/4\ inch 
in height. The date and place of manufacture may be in code, provided 
the person or firm issuing the certificate maintains a written record of 
the meaning of the code that can be made available to consumers, persons 
in the chain of distribution, and the Commission upon request.
    (2) Insulation not sold in bags or containers. The manufacturer of 
cellulose insulation subject to the standard which is not sold in bags 
or other containers shall certify compliance with the standard by 
accompanying each shipment or delivery of the product, with a document 
such as an invoice, bill, statement, or separate document, which states 
the following: ``This product meets the amended CPSC standard for flame 
resistance and corrosiveness of cellulose insulation. This material was 
manufactured on (insert day, month, and year of manufacture) at (insert 
city, state, and zip code, or in the case of insulation manufactured 
outside the United States, city and country).'' The certificate of 
compliance must also contain the name of the manufacturer, private 
labeler, or importer issuing the certificate. See paragraphs (b) and 
(c), below. The certificate of compliance must appear in letters and 
figures which are conspicuous and legible. The date and place of 
manufacture may be in code, provided the person or firm issuing the 
certificate maintains a written record of the meaning of the code that 
can be made available to consumers, persons in the chain of 
distribution, and the Commission upon request.
    (b) Responsibilities of private labelers. A private labeler who 
distributes a product subject to the standard which is manufactured by 
another person or firm but which is sold under the private labeler's 
name, brand, or trademark must issue the certificate of compliance 
required by section 14 of the Consumer Product Safety Act and this 
section. If the testing required by this subpart has been performed by 
or for the manufacturer of the product, the private labeler may rely on 
any such tests to support the certificate of compliance if the records 
of such tests are maintained in accordance with Sec.  1209.38, above. 
The private labeler is responsible for ensuring that all testing used to 
support the certificate of compliance has been performed properly with 
passing or acceptable results, and that all records of such tests are 
accurate and complete.
    (c) Responsibilities of importers. The importer of any product 
subject to the standard must issue the certificate of compliance 
required by section 14(a) of the act and this Sec.  1209.39. If the 
testing required by this subpart B of part 1209 has been performed by or 
for the foreign manufacturer of the product, the importer may rely on 
any such tests to support the certificate of compliance if the importer 
is a resident of the U.S. or has a resident agent in the U.S. and the 
records are maintained in the U.S. in accordance with Sec.  1209.38 
above. The importer is responsible for ensuring that all testing used to 
support the certificate of compliance has been performed properly with 
passing or acceptable results, and that all records of such tests are 
accurate and complete.