third party conformity assessment body
(2) Third party conformity assessment body (A) In general The term “third party conformity assessment body” means a conformity assessment body that, except as provided in subparagraph (D), is not owned, managed, or controlled by the manufacturer or private labeler of a product assessed by such conformity assessment body. (B) Governmental participation Such term may include an entity that is owned or controlled in whole or in part by a government if— (i) to the extent practicable, manufacturers or private labelers located in any nation are permitted to choose conformity assessment bodies that are not owned or controlled by the government of that nation; (ii) the entity’s testing results are not subject to undue influence by any other person, including another governmental entity; (iii) the entity is not accorded more favorable treatment than other third party conformity assessment bodies in the same nation who have been accredited under this section; (iv) the entity’s testing results are accorded no greater weight by other governmental authorities than those of other third party conformity assessment bodies accredited under this section; and (v) the entity does not exercise undue influence over other governmental authorities on matters affecting its operations or on decisions by other governmental authorities controlling distribution of products based on outcomes of the entity’s conformity assessments. (C) Testing and certification of art materials and products A certifying organization (as defined in appendix A to section 1500.14 (b)(8) of title 16, Code of Federal Regulations (or any successor regulation or ruling)) meets the requirements of subparagraph (A) with respect to the certification of art material and art products required under this section or by regulations prescribed under the Federal Hazardous Substances Act ( 15 U.S.C. 1261 et seq.). (D) Firewalled conformity assessment bodies Upon request, the Commission may accredit a conformity assessment body that is owned, managed, or controlled by a manufacturer or private labeler as a third party conformity assessment body if the Commission by order finds that— (i) accreditation of the conformity assessment body would provide equal or greater consumer safety protection than the manufacturer’s or private labeler’s use of an independent third party conformity assessment body; and (ii) the conformity assessment body has established procedures to ensure that— (I) its test results are protected from undue influence by the manufacturer, private labeler or other interested party; (II) the Commission is notified immediately of any attempt by the manufacturer, private labeler or other interested party to hide or exert undue influence over test results; and (III) allegations of undue influence may be reported confidentially to the Commission.