 Welcome! In this video we will be going over CPSC's tracking label requirement for children's products. What is a tracking label? Under Section 14A5 of the Consumer Product Safety Act, also known as the CPSA, manufacturers, importers, and private labelers must include tracking labels on children's products and their outer packaging to the extent practicable. More on what to the extent practicable means will be discussed later in this video. Children's products are defined as consumer products designed or intended primarily for children, 12 years of age or younger. Tracking labels are intended to help companies and consumers identify where and when a product was made in case it needs to be recalled in the future. This info can be used by companies to identify and target a recall, only to units that are defective or in violation. If a component has been identified as the source of the hazard or violation, the tracking label can also help identify other products that may contain the same component. A tracking label is a permanent distinguishing mark that is affixed to the product's packaging to the extent practicable and provides certain identifying information that is ascertainable. Let's break down what each piece of this requirement means for you. The commission considers permanent to be a mark that can recently be expected to remain on the product during its useful life. A mark on disposable packaging needs to be permanent enough to reach the consumer. An adhesive label may be sufficient for disposable packaging, but not for the product. If a tracking label is visible on the product through transparent packaging, such as through a clear plastic or a poly bag, there is no need for the mark to be on the packaging. The tracking label must be affixed to the product and its packaging to the extent practicable. Each manufacturer is responsible for making a reasonable judgment about which of their required info can fit and be marked on their product and packaging, given the character and type of each item. Please also note that the commission has not provided size, location, and format specifications for tracking labels, because each type of consumer product may warrant different types of tracking labels, but the tracking labels must still be visible and legible. Is it reasonable or possible to include tracking information on the product itself? The commission recognizes that it may not be practicable or possible to affix a tracking label to certain products or product components due to several potential factors, including, but not limited to, the size of the product or whether the product has many small, separate components. If a physical mark would weaken or damage the product or impair its utility, if a product's surface would be impossible or technologically infeasible to mark permanently, or if the aesthetics of the product would be ruined by a mark. Remember that even if the product does not need to be marked based on one of these potential factors, the product's packaging must still be marked. For situations in which companies have chosen to not affix the tracking label to a product, companies should maintain a list of reasons and justifications why it was not practicable to do so. The tracking label must contain information that will enable the manufacturer and ultimate purchaser to ascertain the manufacturer, importer, and or private labeler the location of production. The location information can be represented in code form as part of your batch code or it can be spelled out with country, province, and or city information. The date of production. As with the location of production information, the date information can also be represented in code form as part of your batch code or it can be provided in a month and year format. It can be a range of dates if the product is made over a period of time. If the product is a group of disparate components or items assembled or gathered into one package, the commission interprets the date of manufacture to mean the completion date of assembly or replacement of the components into one package. Lastly, certain cohort information such as a batch or run number or any additional identifying info that can help the manufacturer, importer, and or private labeler determine the specific source of the product. Not all of this tracking label information needs to be physically present on the product or its packaging. For example, providing the company name, website address, and a batch code can fully satisfy the tracking label requirement if that code can be used to ascertain the other required pieces of information. Now let's go over some fictional examples of compliant and non-compliant tracking labels. Please note that manufacturers, importers, and private labelers of children's products may need to meet additional federal or state product and packaging requirements beyond the CPSC tracking label requirements illustrated in this video. The following examples contain fictitious business names, products, websites, and contact information. Any similarity with real entities is purely coincidental. This first example depicts a silicone bubble fidget sensory toy. The tracking labels on both the product and its box packaging have the company name, location of production, date of production, and a batch code. In this case, the tracking labels are identical and list all of the required information. However, this is not the only way that you can meet the tracking label requirement. For example, this baby rattle and its packaging have two different ways in which the tracking label is displayed. The tracking labels on the product and packaging are not identical. As you can see, the product is using a date wheel instead of listing out March 2022 like on the packaging. A date wheel can be a great way to identify the date of production and batching your cohort information for certain products. Additionally, tracking label info doesn't always have to be provided in the same spot on the product or packaging. As you can see in this example, the baby rattles tracking labels are separated on different parts of the rattle. Likewise, the packaging's tracking labels are split and located on the top and the bottom of the packaging. As we mentioned earlier, not all of the tracking label info needs to be physically present on the product itself. It just needs to be ascertainable to the company and purchaser. In this example, a website and code are printed on this bouncy ball. The website link can be sufficient to identify the company name. If the code can be used to ascertain the location and date of production for the product, then this would likely satisfy the tracking label requirement. This example shows a t-shirt in transparent packaging. If the tracking label is only on the product but is visible and legible through the packaging, then this is likely sufficient to meet the tracking label requirement. In this type of scenario, the tracking label does not also need to be affixed to the packaging. For products that come in a set with smaller component pieces like a board game, it may not be practicable to include tracking labels on each piece of the board game. When packaging, like the board game box, is intended to store and stay with the smaller components of the product, the commission would likely consider the box to be part of the product. For products like this, the tracking label should be affixed to one larger piece of the game, such as a board or set of instructions as well as the box. The individual smaller pieces do not need to be marked. In this example involving marbles, the marbles are likely too small to include tracking labels on each individual marble. When many small products, like marbles, buttons, or beads are packaged together, the commission believes that affixing the tracking label to the packaging is likely sufficient. How do tracking labels apply to products with paper hang tags? In this example, the stuffed bear has a paper hang tag attached to its arm. You can include tracking info on a paper hang tag like this, but it would not be considered permanent, as it is not likely to remain on the product during its useful life. A sewn fabric tag with a tracking label like the one affixed to the stuffed bear's bottom would likely be sufficient to be considered a permanent label. Lastly, here are some examples of other products that don't have permanent tracking labels and would not be compliant. In this scenario, the left rubber duck has a paper sticker, and the right rubber duck has a label printed with non-permanent ink. Since these rubber ducks are likely to be used with water, they would not be considered permanent. The paper sticker can rip or peel off, or the ink can smudge and wash off the rubber ducks. Generally, the best way to ensure that the tracking labels are permanent are to have the tracking labels molded into the product or to use permanent inks that don't wash off. A waterproof permanent sticker may also be sufficient, as long as it lasts the useful life of the product. Now let's go over a few frequently asked questions. If I already label my products for other federal or state requirements, must I add a new tracking label as well? If the required information can already be determined from what's on the product and packaging to meet other federal or state requirements, then there is no additional requirement to add all the info again to serve as a tracking label. To satisfy the tracking label requirement, the product and packaging needs enough info to ascertain the company name, the location of production, the date of production, and any other cohort information specific to the product's production. I am a registered small batch manufacturer and make handcrafted children's goods in my home. How does the tracking label requirement affect me? You must comply with this requirement. The law does not provide exemptions based on the size of the business. The product and its packaging will still need to be marked to the extent practicable. You will need to follow the guidelines outlined in this video. You will need to consider what type of tracking system you are using. The products and packaging need to identify the company in sufficient detail to enable a consumer to ascertain all of the required tracking info. You will also need to be able to determine the materials used to make the product and must-keep records, including receipts and purchase orders to help identify the source of your product and its components. For more information about tracking labels, you can visit www.cpsc.gov. If you are new to product safety, CPSC's Regulatory Robot is a wonderful online tool that will walk you through a series of questions to discover the likely applicable requirements in place for your consumer product. You can access the Regulatory Robot at business.cpsc.gov. If you have questions about tracking labels or any other requirements involving your consumer products, please contact the Small Business Ombudsman by visiting www.cpsc.gov. Calling toll-free at 888-531-9070 or sending an email to sbo.cpsc.gov. Thank you for watching this video on CPSC's tracking label requirement.