Shoes and footwear manufactured, imported, and sold in the United States is subject to a series of standards and regulations concerning labeling, and testing requirements. Manufacturers and importers are both responsible for ensuring that their shoes and footwear complies with all applicable product safety standards in the US.

This article aims to outline key considerations that US buyers should be aware of regarding these standards and regulations for footwear products.

Several U.S. federal agencies administer regulations associated with footwear

Consumer Product Safety Commission (CPSC)

Consumer Product Safety Act

The Consumer Product Safety Act was enacted to establish the Consumer Product Safety Commission and define its authority with the purpose of protecting the public against unreasonable risks of injury associated with consumer products; assisting consumers in evaluating the comparative safety of consumer products, developing uniform safety standards for consumer products; and promoting research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.

Children’s Footwear: CPSIA

The Consumer Product Safety Improvement Act (CPSIA) regulates specific substances in children’s products including children’s footwear.

The CPSIA sets limits for lead content and phthalates in children’s products. A children’s product is defined as a consumer product designed or intended primarily for children age 12 years or younger.

Requirements

The CPSIA generally requires importers and manufacturers of children’s products, including children’s footwear, to:

• Ensure said products comply with relevant children’s product safety rules;
• Send their products for compliance testing at a CPSC-accepted accredited lab;
• Provide a written Children’s Product Certificate (CPC) as evidence of compliance;
• Place a permanent tracking label on the product.

Tracking Labels for Children’s Footwear

Tracking labels are required for all products that are designed and intended primarily for children ages 12 and younger, including children’s footwear.

The tracking label must be affixed to the product (to the extent practical) and packaging, visible, legible, and provide certain basic identifying information, including:

• Manufacturer or private labeler name;
• Location and date of production of the product;
• Detailed information on the manufacturing process, such as a batch or run number, or
• other identifying characteristics; and
• Any other information to facilitate ascertaining the specific source of the product

Certificates and Mandatory Third-Party Testing

The CPSIA requires every manufacturer or importer of all consumer products that are subject to a consumer product safety rule enforced by the CPSC to issue a general certificate of conformity based on testing the product and stating that the product complies with the applicable standard, regulation, or ban. The certificate must accompany the product and be furnished to the retailer or distributor.

The CPSIA also requires the manufacturers or importers of children’s products (products designed and intended primarily for children age 12 years or younger) to certify that the products comply with all relevant product safety standards by issuing a children’s product certificate supported by tests performed by a CPSC accepted third-party testing laboratory that has been accredited.

Federal Hazardous Substances Act (FHSA)

FHSA regulations set forth requirements for hazardous household substances in products. The FHSA requires household substances that meet the definition of hazardous (as defined in the Act) to bear cautionary labeling to warn the consumer of the hazard(s) associated with the use of the product, that would enable the consumer to safely use and store the product, first aid instructions where applicable, and the statement “keep out of the reach of children.”

Whether a product must be labeled depends on its formulation and the likelihood that consumers will be exposed to any hazards it presents in reasonable and foreseeable customary use, which includes ingestion by children.

The FHSA also defines as banned hazardous substances those products that are intended for use by children that present an electrical, mechanical, or thermal hazard, with some exceptions.

Flammability of Clothing

16 CFR 1610 – Standard for the Flammability of Clothing Textiles provides methods of testing the flammability of clothing and textiles intended to be used for clothing by classifying fabrics into 3 classes of flammability based on their speed of burning.

This minimum standard specifies that textiles used in apparel must meet class 1 or 2 flammability requirements. Class 3 textiles, the most dangerously flammable fabrics, are unsuitable for use in clothing because of their rapid and intense burning.

Footwear is exempt from the requirements of 16 CFR 1610, provided that it does not consist of hosiery in whole or part and is not affixed to or does not form an integral part of another garment.

Customs and Border Protection (CBP)

Marking Of Imported Articles and Containers

All products imported into the U.S. must conform to 19 CFR 134, Country of Origin Marking regulations. These regulations require that every article of foreign origin (or its container) imported into the U.S. be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S., the English name of the country of origin of the article at the time of importation.

Federal Trade Commission (FTC)

The FTC Act broadly prohibits unfair or deceptive acts or practices in or affecting commerce. The commission will find deception if, either by the inclusion or exclusion of information, it is likely to:

Mislead consumers acting reasonably under the circumstances, or

Affect the consumer’s choice or conduct, thereby leading to injury.

Occupational Health and Safety Administration (OSHA)

The OSH Act was established to ensure safe and healthful working conditions for every working man and woman in the nation and to preserve human resources. Among many other provisions, the act provides for the development and promulgation of occupational safety and health standards.

Protective Footwear Only

OSHA requires the use of personal protective equipment (PPE) to reduce employee exposure to hazards when engineering and administrative controls are not feasible or effective in reducing these exposures to acceptable levels. Employers are required to determine if PPE should be used to protect their workers.

PPE is addressed in specific standards for general industry, shipyard employment, marine

terminals, and longshoremen. The standards for “general industry” in 29 CFR 1910 applicable to protective footwear are:

• 29 CFR 1910.132, General requirements (personal protective equipment)
• 29 CFR 1910.136, Occupational foot protection

Note：Third Party Inspection Company charges for per man per day.

United States Department of Agriculture (USDA)

The USDA regulates the term organic as it applies to agricultural products through the National Organic Program (NOP) Regulation, 7 CFR Part 205. Raw natural fibers, such as cotton, wool, and flax are agricultural products and are covered under the NOP crop and livestock production standards.

Any textile product produced in full compliance with the NOP regulations, including being certified by an approved third party, may be labeled as NOP certified organic and display the USDA organic seal. Products produced in accordance with the Global Organic Textile Standard (GOTS) may be sold as organic in the U.S. but may not refer to NOP certification or display the USDA organic seal.

Packaging and Labeling

Footwear products in the United States must be packaged per relevant rules and regulations, such as the Uniform Packaging and Labeling Regulation (UPLR).

The UPLR has been adopted by most states in the US and covers several product categories, one of them being footwear. The UPLR requires the provision of labeling content such as the following:

• Declaration of identity (e.g. product name)
• Declaration of responsibility (e.g. manufacturer name and address)
• Declaration of quantity
• The regulation has several other requirements, such as the following:
• The quantity declaration label should take up the bottom 30% of the display panel
• The display panel size should be calculated by multiplying the package’s height by its depth
• The lettering should be conspicuous
• The color of the information should contrast with its background

Safer Consumer Products Regulations

The Safer Consumer Product Regulations applies to all consumer products placed in the stream of commerce in California. It requires manufacturers or other responsible entities to seek safer alternatives to harmful chemical ingredients in widely used products.

The regulations require the Department of Toxic Substances to adopt regulations that will establish a process for identifying and prioritizing chemicals in consumer products and to establish a process for evaluating chemicals of concern in consumer products and their potential alternatives.

Standards Developing Organizations (SDOs)

ASTM International is the main standards developer that develops and maintains consensus standards and test methods pertaining to protective footwear. A number of the ASTM standards are Incorporated By Reference in the CFR, and are mandatory.

ASTM voluntary footwear standards include, but are not limited to:

• F2232 Standard Test Method for Determining the Longitudinal Load Required to Detach High Heels from Footwear
• F2412 Standard Test Methods for Foot Protection
• F2413 Standard Specification for Performance Requirements for Protective (Safety) Toe Cap Footwear
• F2892 Standard Specification for Performance Requirements for Soft Toe Protective Footwear (Non-Safety / Non-Protective Toe)

GIS Inspection's Expertise in Footwear Quality Control

It is crucial to meet the required quality standards and regulations for footwear manufactured, imported, and sold in the US. Importers or buyers who outsource or manufacture shoes from abroad must ensure their products manufactured under the quality control.

At GIS Inspection, we are well-equipped to handle quality control inspections for shoes. With our network of inspectors located in key exporting cities across China, and Asia, we can provide prompt and efficient inspection service coverage for our clients.

Our quality control experts will help you determine which inspection and tests are required for your products to qualify to meet the US regulations, identify potential issues such as color difference, uneven grain, mildew, and adhesion failure.

Let GIS Inspection manage your quality inspection and testing protocol, ensuring quality, safe products that comply with applicable laws and regulations while keeping your customers be satisfied.

Contact us to learn more about our customized Footwear Quality Control and how we can help construct a safe supply chain.

Contact us