CertSeven

Disclaim A or Disclaim B: declaring that no certificate applies

Saying nothing is read as missing data. Saying "no rule applies" is a declaration with its own code.

Updated 11 October 2026

What the texts say

  • CPSC defines two codes: Disclaim A, the product is not regulated by this agency, and Disclaim B, data is not required per agency guidance.

    Official text
    • Disclaim A: product is not regulated by this agency — CPSC, retrieved 11 October 2026
    • Disclaim B: data is not required per agency guidance — CPSC, retrieved 11 October 2026
  • Disclaim A covers products within CPSC's jurisdiction to which no rule, ban, standard or regulation requiring a certificate applies - CPSC gives collectible toys intended for adults and sport helmets other than bicycle helmets as examples.

    Official text
    • no rule, ban, standard, or regulation requiring a certificate applies. — CPSC, retrieved 11 October 2026
    • Collectible toys intended for adults. — CPSC, retrieved 11 October 2026
    • Sport helmets, besides bicycle helmets. — CPSC, retrieved 11 October 2026
  • Disclaim B covers, among others, adult wearing apparel claiming the exemption of 16 CFR 1610.1(d)(1) or 1610.1(d)(2).

    Official text
    • Adult wearing apparel claiming exemption under 16 CFR 1610.1(d)(1) or 1610.1(d)(2). — CPSC, retrieved 11 October 2026
    • CPSC will not enforce the certification requirements for adult wearing apparel that is exempt from testing pursuant to 16 CFR § 1610.1(d) — CPSC, retrieved 11 October 2026
  • A Disclaim is never sent alone: filers must also submit an intended use code. For Disclaim B it can only be 130.006, a consumer product intended for people aged 13 years or older.

    Official text
    • If submitting a Disclaim, filers must also submit an intended use code. — CPSC, retrieved 11 October 2026
    • 130.006 Consumer product intended for People aged 13 Years or Older — CPSC, retrieved 11 October 2026
    • No other code can be used, because the above products are for consumers aged 13 years or older. — CPSC, retrieved 11 October 2026
  • On a parcel, the annex carries the three together: a disclaimer code A or B, an intended use code and its description.

    Official text
    • un code de non-applicabilité (Disclaimer Code A ou B) , un code d'usage prévu (Intended Use Code) et une description de l'usage prévu (Intended Use Code Description) — Colissimo Entreprise, retrieved 11 October 2026

Two ways of saying no certificate applies

A Disclaim is not an exemption you claim and not a way out of anything. It is the declaration a filer makes when the honest answer about a product is that this agency's certificate rules do not reach it, and CPSC provides two of them for two different reasons.

« Disclaim A: product is not regulated by this agency »
CPSC · eFiling Citation, Testing Exclusion and Disclaim Guidance · retrieved 11 October 2026
« Disclaim B: data is not required per agency guidance »
CPSC · eFiling Citation, Testing Exclusion and Disclaim Guidance · retrieved 11 October 2026

The distinction is real and it is not a matter of taste. A is for a product no rule requiring a certificate applies to. B is for a product that is regulated, but for which CPSC has said it does not require the data - the clearest case being adult clothing that is exempt from testing.

« no rule, ban, standard, or regulation requiring a certificate applies. »
CPSC · eFiling Citation, Testing Exclusion and Disclaim Guidance · retrieved 11 October 2026

CPSC's own examples are the useful part

Guidance that only defines terms leaves you guessing. This one gives examples, and they are worth reading as a way of calibrating your own judgement rather than as a list to match your product against.

« Sport helmets, besides bicycle helmets. »
CPSC · eFiling Citation, Testing Exclusion and Disclaim Guidance · retrieved 11 October 2026

Two objects that look regulated, and are not. A sport helmet that is not a cycling helmet, and a collectible toy meant for adults: in both cases the product is within CPSC's jurisdiction, and in both cases no rule requiring a certificate reaches it.

Read them the other way round and they teach the method. Neither example turns on what the object is made of or how dangerous it feels; both turn on whether a written rule names it. That is the question to ask about your own product, and it is answerable rather than a matter of opinion.

« Adult wearing apparel claiming exemption under 16 CFR 1610.1(d)(1) or 1610.1(d)(2). »
CPSC · eFiling Citation, Testing Exclusion and Disclaim Guidance · retrieved 11 October 2026

A Disclaim never travels alone

Whichever one applies, the declaration carries an intended use code and a description of that use. It is the part people forget, and an annex with a Disclaim code and nothing beside it is incomplete.

« If submitting a Disclaim, filers must also submit an intended use code. »
CPSC · eFiling Citation, Testing Exclusion and Disclaim Guidance · retrieved 11 October 2026
« a non-applicability code (Disclaimer Code A or B), an intended use code (Intended Use Code) and a description of the intended use (Intended Use Code Description) »
Colissimo Entreprise · Export vers les USA : les formalités douanières et réglementaires à anticiper · retrieved 11 October 2026 · our translation

For adult apparel under the exemption, the code is fixed rather than chosen, which at least removes one decision.

« 130.006 Consumer product intended for People aged 13 Years or Older »
CPSC · eFiling Citation, Testing Exclusion and Disclaim Guidance · retrieved 11 October 2026

And on the Colissimo annex for unregistered goods, a Disclaim is also a shortcut: it closes the form. You give the code and the intended use, and you do not fill in the rest.

« If you select either option A or B to disclaim, you must enter the intended use code and description but you do not need to continue with completing the rest of the form. »
Colissimo Entreprise · Consumer Product Safety Commission (CPSC) Goods Not Registered Form (option 2) · retrieved 11 October 2026

Is your product concerned?

Two minutes, no account.

Frequently asked questions

Where does it go on the annex?

On the unregistered-goods form, choosing option A or B means the intended use code and its description have to be entered too.

My garment is for adults. A or B?

CPSC lists adult apparel claiming the 16 CFR 1610.1(d) exemption under Disclaim B, and says it will not enforce certification for adult wearing apparel exempt from testing. Whether your fabric meets that exemption is your judgement as certifier.

And if I simply leave the fields empty?

Colissimo writes that missing information is read as missing data, not as an exemption, which can lead to a hold, a wait, or a request for more information.

Sources