Product quality and safety is a priority for Barnes & Noble, Inc. and its subsidiaries and affiliates1. (“Barnes & Noble” or “B&N”) and, as new and complex safety standards emerge, we count on our suppliers, manufacturers, and other vendors (collectively, “Vendors”) to provide products that meet or exceed all applicable safety requirements.

Barnes & Noble requires all Vendors to stand fully behind their products. Many of the products produced and sold by Barnes & Noble are regulated by federal, state, and local laws and other industry guidelines and standards. Regulations and standards change over time and as such, Vendors must maintain knowledge of and comply with all safety standards for their products.

B&N has developed the B&N Compliance Verification Program to ensure that Vendors are supplying or manufacturing high quality, safe products to our customers. To that extent, Vendors who manufacture or supply proprietary products or products for which B&N is the Importer of Record (Direct Imports) are subject to the following:

  • Factory Compliance Verification
    Factories which Vendors have engaged to produce proprietary or Direct Import products must verify compliance with Social Responsibility and Security (Customs Trade Partnership Against Terrorism “CTPAT”) requirements.
  • Product Compliance Verification
    Vendors producing proprietary or Direct Import product which are subject to US federal, state or industry laws, rules or standards must submit products or documentation to the B&N selected Service Provider for safety or compliance testing to verify compliance.
  • Details of the Compliance Verification Program are only accessible to B&N Vendors of Record and can be found in the B&N Vendor Operational Guidelines (link)

Vendors are responsible for ensuring that products manufactured for or supplied to B&N comply with all applicable laws, standards, or rules.

All costs associated with the removal of a Vendor’s products from Barnes & Noble stores or distribution centers in violation of these requirements or any other product compliance remediation, will be at the cost of the Vendor. Barnes & Noble reserves the right to assess doing business with any Vendor who does not comply with these requirements.

Please see below for requirements for certain products. This is not an exhaustive list of requirements.

1. Children’s Products

  1. Consumer Product Safety Improvement Act (CPSIA)

    With respect to Children’s Products in particular, the Consumer Product Safety Improvement Act (CPSIA), along with other directives and amendments, enacted requirements related to lead paint, lead content, phthalates and tracking labels for products designed or intended primarily for children 12 years old or younger. (For more details on the Consumer Product Safety Commission, visit www.cpsc.gov/en.)

    For all Children’s Products (which are defined by the CPSIA as products intended primarily for children 12 years old or younger), Vendor shall ensure that:

    • All Children’s Products will comply with all applicable safety testing requirements including, but not limited to, American Society for Testing and Materials (“ASTM”) requirements for toy safety and CPSIA requirements for lead content, lead paint and phthalate requirements.
    • All Children’s Products will contain all requisite labeling and safety warnings, including, but not limited to, requisite CPSIA tracking information, which will be permanently affixed to the product and must include the following information:
      1. Unique Identifier = EAN, ISBN or UPC
      2. Manufacturer/Distributor/Publisher Name and address (minimally city, state, and zip)
      3. City and Country of Manufacture
      4. Batch or Lot Number
      5. Month and Year of Manufacturing

      Refer to the link below for further information:
      Tracking Label Requirement for Children's Products | CPSC.gov

  2. Illinois Lead Poisoning Prevention Act (ILPPA)

    Illinois law requires warning labels for childcare articles and children's jewelry whose lead content levels in substrates and coatings exceed 40 ppm, and for toys whose lead content levels in coatings exceed 40 ppm. More information regarding this act can be found at: https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-1019

  3. Stuffed Toy Laws

    In accordance with various state laws (Pennsylvania Stuffed Toy Act, Maryland Stuffed Toy License Act, and Ohio Bedding & Stuffed Toys Act) stuffed toys must be registered and have a permanently affixed label – often referred to as a Sewn-In Label (SIL) – and must contain the following information:

    1. A statement that "All New Material" was used
    2. Type of stuffing material
    3. The assigned state registration number (Pennsylvania, at a minimum)
    4. Country of Origin
    5. Care Instructions – verbiage or graphics + verbiage

    Refer to the link below for specific state laws regarding stuffed toys:
    https://www.toyassociation.org/App_Themes/toyassociation_resp/downloads/advocacy/state/stuffed-toy-licensing-and-labeling-laws.pdf

  4. Green Chemistry Laws

    All products produced for and/or supplied to Barnes & Noble must comply with federal, state, and local laws, rules, and regulations regarding toxic chemicals in products. These laws are often known as “Green Chemistry Laws”. Green Chemistry laws are enacted at the state level, including, but not limited to, Washington, Oregon, Maine, Maryland, and Vermont. All Barnes & Noble suppliers and manufacturers are expected to remain abreast of existing and newly adopted safety standards and legal obligations applicable to their products.

    Some Green Chemistry Laws require manufacturers (or importers or retailers if the manufacturer has no US presence) to disclose the presence of certain listed chemicals above pre-defined limits in their products. Some jurisdictions prohibit the inclusion of listed chemicals in children’s products sold there in any quantity. For jurisdictions where a sales ban or limit is in place for certain chemicals, Vendors are required to meet those conditions and limit or eliminate the presence of those chemicals in their products as required by law. If a Vendor’s product contains chemicals that are banned from any jurisdiction, they must notify B&N immediately to restrict sales and distribution in those jurisdictions.

    Vendors of in-scope products may be required to make a reasonable, good-faith effort to provide declarations about the chemical content of product supplied in the form requested by Barnes & Noble. For jurisdictions where sales of the product obligate the manufacturer or retailer to disclose or report certain information regarding such products, Vendors are responsible for completing the report to the respective state and paying any and all associated fees.

    Information on current Green Chemistry statutes governing to children’s products can be found at the following links:

    1. Children’s Safe Products Act (Washington)

      https://ecology.wa.gov/Regulations-Permits/Reporting-requirements/Reporting-for-Childrens-Safe-Products-Act/Chemicals-of-high-concern-to-children

    2. Chemicals of High Concern to Children (Vermont)

      https://legislature.vermont.gov/statutes/chapter/18/038A

    3. Toxic Chemicals in Children’s Products (Maine)

      https://www.maine.gov/dep/safechem/childrens-products/index.html

    4. Toxic-Free Kids Act (Oregon)

      https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/HEALTHYNEIGHBORHOODS/TOXICSUBSTANCES/Pages/Toxic-Free-Rules.aspx

    5. Toxic Free Kids Act (Minnesota)

      https://www.health.state.mn.us/communities/environment/childenvhealth/tfka/index.html

2. California Proposition 65 Requirements

Under the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code §§ 25249.5 et seq. (“Prop 65”) listed chemicals are identified which are known to the state of California to cause cancer or birth defects or other reproductive harm. Companies must provide notice to California consumers if their products contain a listed chemical. These regulations are not limited to children’s products and apply to all products sold in the State of California.

All products produced for and/or supplied to Barnes & Noble must comply with the permissible chemical limits as indicated in Prop 65 Settlements for specific products or product types. Prop 65 Warning Labels on products are not permitted without Barnes & Noble’s prior written consent.

For all products claimed to be the subject of a Prop 65 notice of violation, Vendor is responsible for the cost of removal all such products from California stores. Such products will also be made unavailable to California residents on bn.com. Vendor is responsible for any associated costs, including legal fees, fines, freight, and handling. At the discretion of Barnes & Noble, product claimed to violate Prop 65 shall be returned to Vendor for a full refund.

Products which should be verified for Prop 65 compliance include but are not limited to the following:

  • Books with vinyl covers
  • Packaging made of vinyl or other plastics
  • Bags, totes, wallets or other personal carrying items made of polyurethane (PU), polyvinylchloride (PVC) or other synthetic materials.
  • Products with surface coatings or paint

Vendors should work closely with an accredited third-party testing lab and their legal counsel to ensure these requirements are met. For more information on Prop 65 please visit https://oehha.ca.gov/proposition-65/about-proposition-65

3. Electronics and Electrical Products

  1. Electronic Product Waste Recycling (E-Waste)
    There are currently 25 states that have electronic recycling laws. Below please find a summary of such laws:
    • Vendor must register it's in scope products as covered electronic devices (each a CED) in all states that have enacted e-Cycling laws and will renew and maintain such registrations so long as Vendor supplies such CEDs to B&N for resale.
    • Vendor will provide to B&N adequate quantities of any materials or information required by law for retailers to distribute or share with consumers in connection with a sale of Vendor’s CEDs in any and all appropriate forms of media, including, but not limited to, internet website links, notices or inserts affixed to or included with the product, and printed posters, flyers or brochures, as required.
    • If Vendor's product is defined as a CED by the Public Resources Code of California Section 42463, Vendor will notify B&N in writing, so long as B&N will be carrying its product by April 1 of each year, and Vendor shall also submit a copy of such notification letter to the California State Board of Equalization. Such notification shall include the brand and type of CED and applicable fee category.
    • Immediate notification will be provided to B&N if Vendor’s CED registration status changes in any state.

    Refer to the link below to find further information on state laws and covered products:
    https://www.ecycleclearinghouse.org/maps.aspx

  2. Electronic Product Safety Testing
    Any item that has electrical components must be labeled with the mark from a Nationally Recognized Testing Laboratory (NRTL) such as Underwriters Laboratories (UL) or Intertek (ETL). Both marks demonstrate that the product met the minimum requirements of widely accepted product safety standards as determined through the independent testing of a Nationally Recognized Testing Laboratory (NRTL).

    Additional information can be found at: www.ul.com or at: www.intertek.com/marks/etl/.

  3. Button Cell or Coin Battery Operated Products

    Consumer Products (excluding Children's Products) that contain or are designed to contain button cell batteries must comply with US requirement 16 CFR Part 1263 "Reese’s Law", as follows:

    • Battery compartments containing replaceable button cell or coin batteries must be secured such that they require the use of a tool or at least two independent and simultaneous hand movements to open.
    • Button cell or coin battery compartments must not allow such batteries to be accessed or liberated as a result of use and abuse testing.
    • The packaging for the overall product must bear a warning.
    • The product itself must bear a warning, if practicable.
    • Accompanying instructions and manuals must include all of the applicable warnings.
    • Certification to this rule must be included with a General Conformity Certification (GCC) described in Section 5(b) below.

    Refer to link below for more information:
    Button Cell and Coin Battery Business Guidance | CPSC.gov
    Children’s Products that contain or are designed to contain button cell batteries are subject to CPSIA and ASTM F963 Toy Safety Regulations for testing and certification.

  4. Flame Retardants in Electronic Displays

    New York State enacted the Family and Fire Fighter Protection Act on December 31, 2021, adding a new Title 10 to Article 37 of the Environmental Conservation Law (ECL), Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures. This law prohibits the use of certain flame retardant chemicals in these products and requires annual reporting for organohalogen flame retardants used in electronic display stands and enclosures.

    Manufacturers of covered electronic display stands and enclosures must provide Barnes & Noble with a certificate of compliance stating that such covered electronic display stand or enclosure is in compliance with the requirements of this law.

    NYS Open Legislation | NYSenate.gov

4. Food Products

For all products containing food or which are otherwise edible or are used for consuming food or beverages, Vendor represents and warrants to Barnes & Noble that, at the time of delivery to any distributor for delivery to Barnes & Noble, (i) all products will be merchantable; (ii) none of the products will be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act or any other applicable federal, state and local laws, rules and regulations, including, without limitation, the Fair Packaging and Labeling Act and the Sanitary Food Transportation Act; (iii) none of the products will constitute merchandise that cannot be placed into interstate commerce; (iv) none of the products will be a misbranded hazardous substance or a banned hazardous substance within the meaning of the Federal Hazardous Substances Act; (v) Vendor shall conduct tests reasonably necessary to ensure that the products are safe for human consumption, if applicable, and conform to the requirements of this Agreement when delivered to Barnes & Noble; (vi) the Products will be safe for normal operation and use; and (vii) the products will be free from defects in material and workmanship, including, without limitation, latent defects. The failure of any Product to comply with any of these warranties will be a "Defect." In the event that any "Defect" appears in any Product, Barnes & Noble will return the defective Product, at Vendor's risk and expense, to Vendor or its distributor, and Vendor or its distributor will replace the defective Product and ship the replacement to the location designated by Barnes & Noble, at Vendor's risk and expense. Available warranties from Vendor's manufacturers with respect to the products, if any, shall be passed through to Barnes & Noble, and Vendor, at its sole cost and expense, shall provide Barnes & Noble with all the assistance necessary to enforce any warranty claims.

5. Consumer Products Safety Commission Product Certification Requirements

Barnes & Noble requires Vendors to certify compliance for all manufactured or supplied Children’s Products and other regulated non-children’s products, as required by the Consumer Product Safety Improvement Act (CPSIA) and the Consumer Products Safety Commission (CPSC).

  1. Children's Products
    Vendors who supply or manufacture Children’s Products for Barnes & Noble are expected to maintain a Children’s Product Certification (CPC) based on third party testing by an accredited lab. Vendors must include a CPC with the shipping documents for direct import children’s products. Refer to the link below for additional details on the CPC requirements:

    Children's Product Certificate | CPSC.gov

  2. Regulated Non-Children's Products
    Vendors who supply or manufacture CPSC-regulated non-children’s products for Barnes & Noble are expected to maintain a General Conformity Certification (GCC) based on a reasonable testing program. Refer to the link below for additional details on the GCC requirements:

    General Certificate of Conformity | CPSC.gov

    CPCs and GCCs must be maintained by Vendors and must be made available to Barnes & Noble upon request. A copy must be included with the shipping documents for each import shipment.

    • Access the Children's Product Certification (CPC) template here.
    • Access the General Conformity Certification (GCC) template here.

6. Packaging Labeling Requirements for B&N Direct Imports

All products must meet regulatory labeling requirements. Vendors are responsible for ensuring all requisite labeling is present on their product. Vendors should work closely with an accredited third-party testing lab to ensure compliance with regulatory labeling requirements early in the process and prior to submitting your product for final testing under the B&N Compliance Verification program.

  1. General Merchandise Packaging
    1. Product Identification (EAN, UPC or ISBN)
    2. Net quantity of contents shall be expressed in terms of weight or mass, measure, numerical count, or combination to give accurate information to facilitate consumer comparison (U.S. and metric units), i.e., 3 cookie cutters, 100 cards, 3 paint brushes, etc.
    3. Responsible Party name & address (City, State & Zip Code) (and website on proprietary product) on packaging and product (Manufacturer, Packager, Publisher, or Distributor)
    4. Textiles – material content, care instructions on packaging and product
    5. Claims - Any claims made on packaging, i.e., candle burn time, weight capacity of a tote, product dimensions, non-toxic, etc., must be accurate and verifiable.
    6. Packaging shall indicate country of origin legibly, permanently, and in comparable size and proximity to any mention of country other than country in which the article was manufactured or produced. Must be visible at point of purchase.
  2. Warnings – US

    Specific warnings may be required based on the product components, unique for each product, including but not limited to Hazard Warnings for Children’s (i.e., Small Parts, Functional Sharp Points or Edges) or Hazardous Substance Warnings, as determined through product safety testing by an CPSC-accredited third-party testing lab.

7. Reference to Additional Industry and Regulatory Requirements

Apparel

Candles / Candle Holders

Composite Wood Products

Food Contact Products

General Household Textile Articles

General Packaging and Labeling

Hazardous Substances

Vendors should consult a CPSC-certified third-party testing lab for a full assessment of required testing on their products. Any questions regarding the Compliance Verification program should be directed to compliance@bn.com


1Affiliates, subsidiaries, brands and divisions include, but are not limited to, B. Dalton Bookseller, Bookstar, Boxer Books, Em and Friends, Knock Knock, NOOK, Paper Source, Sparknotes, Union Square & Co., and Who's There.