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What follows

Testing and certificates

By Dwight Davis, Founder

Updated

On this page11
Not your own testing. A third party conformity assessment body accredited for the purpose.

The requirement

Before distributing in commerce a children's product subject to a children's product safety rule, the manufacturer must "submit sufficient samples of the children's product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under paragraph (3)".

And then certify

Based on that testing, issue a certificate that the product complies. The certificate rests on the accredited body's assessment rather than on your own confidence.

Accredited is a specific status

The body must be accredited by the Commission or by an organization the Commission designates. A general testing laboratory is not automatically one.

Identical in all material respects is the phrase to use

It is what makes testing a representative sample possible rather than testing every piece. For a handmade line, what counts as materially identical is the question to get right.

Which is hard for a craft maker

Every piece is slightly different by definition. Grouping a line into genuinely consistent products, made from the same components by the same process, is what makes testing economic.

Component part testing is the usual route

Testing the findings, the resin and the pigments rather than the finished piece, where the rules allow it. That is why a supplier who can certify a component is worth more than a cheaper one who cannot.

The cost shapes the business

Third party testing is a real expense per product. It pushes a children's line toward fewer designs made in larger runs, which is the opposite of how most craft sellers work.

Which is the honest commercial finding

Deciding to make children's jewelry is deciding to run a narrower, more repeatable product line. That is a business decision rather than a compliance chore.

And it connects back to the marking

A certificate covers a cohort. The batch mark on the piece and the package is how anybody knows which cohort a given pendant belongs to.

What we cannot do

Tell you which rules apply to your piece, which body to use, or what counts as materially identical for your line. Those are determinations, and this page exists so you know they are waiting.

References

15 U.S.C. 2063(a)(2): before importing, warehousing or distributing in commerce "any children's product that is subject to a children's product safety rule, every manufacturer of such children's product (and the private labeler of such children's product if such children's product bears a private label) shall... submit sufficient samples of the children's product, or samples that are identical in all material respects to the product, to a third party conformity assessment body accredited under paragraph (3) to be tested for compliance with such children's product safety rule", and based on that testing issue a certificate of compliance. The assessment body must be accredited by the Commission or by an organization it designates. law.cornell.edu
15 U.S.C. 2063(a)(5)(A): "the manufacturer of a children's product shall place permanent, distinguishing marks on the product and its packaging, to the extent practicable, that will enable" the manufacturer to ascertain "the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic)" and the ultimate purchaser to ascertain "the manufacturer or private labeler, location and date of production of the product, and cohort information". Subparagraph (B) lets the Commission exclude a product or class by regulation where it determines marking is not practicable. law.cornell.edu
Written from 15 U.S.C. 2052(a)(2), 15 U.S.C. 2063(a)(5) and 15 U.S.C. 1278a, and from the catalog as it stood on 18 October 2026. Whether a particular piece is a children's product, and whether a particular encapsulation is an inaccessible component part, are determinations this property raises and does not make. State jewelry laws and voluntary standards for children's jewelry sit on top of everything here.