TO our Bedding Industry Clients: - as many of you have seen and already received response from OHM for a next step, OHM has developed a design and process to accommodate this new requirement should it not be halted before the November 12, 2008 requirements date. Further to this we understand on Oct 2, 2008 there will be a special meeting held with the CPSC and they will be trying to stop this ruling to be applied to the bedding industry. Should the efforts and time not meet the date prior to the requirement OHM will move forward with a full plan to assist the OHM bedding clients. Under the OHM Warranty, Enhancement and Support Plan OHM will provide this industry update at NO ADDITIONAL software charge. Another great way your OHM investment is protected and value added.
Regulatory Alert – CPSC to Require New Certifications from Mattress Manufacturers and Importers by
November 12, 2008
The Consumer Product Safety Commission (CPSC) has announced its initial interpretations of several new changes to the product safety laws that Congress enacted last month. Among other things, CPSC officials stated that as of November 12, 2008, each manufacturer, private labeler, and importer of products subject to CPSC safety standards (including mattresses) must issue a certificate of compliance and other information to its distributors and retailers. The certification document at a minimum must include the following information:

• a statement certifying, based on a reasonable testing program, that the product meets all applicable CPSC safety standards.
• the date and place of manufacture.
• the date and place where the product was tested.
• each party’s name, full mailing address, and telephone number.
• contact information for the individual responsible for maintaining records of the test results.

The content of the certification must be written at least in English, although it may also be presented in a different language. In terms of format, the CPSC indicated that it is unlikely to specify particular wording required for these certifications at this time.

A certificate must accompany each product or shipment of CPSC-regulated products delivered to distributors or retailers. Although a separate certificate may be provided with each individual product in a shipment, a single certificate can be used for multiple units of the same product in a given shipment. The certificate must also be provided to the CPSC if requested. At present, it appears that the certification must be provided in paper form, although electronic certifications could be allowed in the future. Logically, it would appear that the certification could be provided with normal shipping documents like the bill of lading or other related documents.

The new law does not require that the certification be provided to the consumer. As a result, it is not necessary to permanently attach the certificate to each individual product. Furthermore, a manufacturer, private labeler, or importer that sells directly to consumers either by mail order, telephone, or through the internet will not be required to issue certifications for those sales.

A party that fails to file the required certification may be subject to fines and other action. Furthermore, Customs may seize import shipments that are not accompanied by the required certifications.
ISPA’s Sleep Products Safety Council and Government Relations Committee are working with the CPSC and representatives for other manufacturing organizations to explore different compliance alternatives for mattress manufacturers. We will keep you informed of further developments.