C.F.R. » Title 16 » CHAPTER II—CONSUMER PRODUCT SAFETY COMMISSION › SUBCHAPTER B—CONSUMER PRODUCT SAFETY ACT REGULATIONS › PART 1203—SAFETY STANDARD FOR BICYCLE HELMETS › Subpart B—Certification

16 C.F.R. § 1203.33

Certification testing

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(a) General. Manufacturers, as defined in § 1203.32(b) to include importers, shall conduct a reasonable testing program to demonstrate that their bicycle helmets comply with the requirements of the standard.

(b) Reasonable testing program. This paragraph provides guidance for establishing a reasonable testing program.

(1) Within the requirements set forth in this paragraph (b), manufacturers and importers may define their own reasonable testing programs. Reasonable testing programs may, at the option of manufacturers and importers, be conducted by an independent third party qualified to perform such testing programs. However, manufacturers and importers are responsible for ensuring compliance with all requirements of the standard in subpart A of this part.

(2) As part of the reasonable testing program, the bicycle helmets shall be divided into production lots, and sample bicycle helmets from each production lot shall be tested. Whenever there is a change in parts, suppliers of parts, or production methods, and the change could affect the ability of the bicycle helmet to comply with the requirements of the standard, the manufacturer shall establish a new production lot for testing.

(3) The Commission will test for compliance with the standard by using the standard's test procedures. However, a reasonable testing program need not be identical to the tests prescribed in the standard.

(4) If the reasonable testing program shows that a bicycle helmet may not comply with one or more requirements of the standard, no bicycle helmet in the production lot can be certified as complying until sufficient actions are taken that it is reasonably likely that no noncomplying bicycle helmets remain in the production lot. All identified noncomplying helmets in the lot must be destroyed or altered by repair, redesign, or use of a different material or component, to the extent necessary to make them conform to the standard.

(5) The sale or offering for sale of a bicycle helmet that does not comply with the standard is a prohibited act and a violation of section 19(a) of the CPSA (15 U.S.C. 2068(a)), regardless of whether the bicycle helmet has been validly certified.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2016–2021 · leading case: Grant M. Williams v. Pac. Cycle, Inc., 661 F. App'x 716 (11th Cir. 2016).
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Grant M. Williams v. Pac. Cycle, Inc., 661 F. App'x 716 (11th Cir. 2016). “3 16 C.F.R. § 1203.33 . Williams *720 says this active role, imposed by federal regulations, raises a question of fact about whether Pacific Cycle is a manufacturer under Georgia law.”
Moreno v. Specialized Bicycle Components, Inc. (D. Colo. 2021). · cites it 2× “Nevertheless, as Plaintiff adds citing 16 C.F.R. § 1203.33 (b)(5), every single helmet must comply with governing standards.”
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