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What follows

The mark on the packaging

By Dwight Davis, Founder

Updated

On this page11
A federal requirement to mark the box. Not the product alone.

The wording

"The manufacturer of a children's product shall place permanent, distinguishing marks on the product and its packaging, to the extent practicable."

Two readers, two purposes

The manufacturer must be able to ascertain "the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic)". The ultimate purchaser must be able to ascertain "the manufacturer or private labeler, location and date of production of the product, and cohort information".

Which is a recall mechanism

The point of a cohort is to be able to say which pieces are affected and which are not. A maker with no batch marking has to recall everything or nothing.

Permanent is the hard word on a small piece

A resin pendant has very little surface and no good place for a stamp. This is where "to the extent practicable" is doing real work.

And the packaging carries the rest

Which is why the requirement names it. Where the product cannot hold the information, the package is the surface that can, and that makes the package part of the compliance system.

Cohort information in a craft operation

A date and a batch letter is enough: the date you mixed and poured, and a letter for the pour. Printed, written in permanent ink, or on a sticker that will not lift.

Keep the record that the mark points to

A mark that nobody can look up is a mark that does nothing. The batch letter has to lead to a note of what was in that pour: which resin, which pigment lot, which findings.

Which is the same discipline the lead limit needs

A component with a certificate is only useful if you know which pieces it went into. The marking and the testing are one system rather than two obligations.

The Commission may exclude a class

Subparagraph (B) lets it do so by regulation where marking is not practicable for that product or class. That is a regulatory exclusion rather than a judgment you make at your bench.

Practically, mark the card and the piece

A date and batch on the backing card or box, and whatever the piece will carry. Two surfaces, one system, and it takes a rubber stamp.

References

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.