Vol. 1106 | 01 Oct 2019

As part of the rulemaking process required by Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC) issued a regulation in 2009 requiring manufacturers to provide a means for consumers to register “durable infant or toddler products,” so that consumers can receive direct notification in the event of a product recall. The rule is codified at 16 CFR part 1130, Requirements for Consumer Registration of Durable Infant or Toddler Products.

The consumer registration requirements of 16 CFR 1130 are based on the CPSIA section 104 definition of “durable infant or toddler product” – “durable products intended for use, or that may be reasonably expected to be used, by children under the age of 5 years.” While CPSIA lists 12 product categories as being included in the definition, the CPSC added 6 other categories to the list of products when promulgating 16 CFR 1130 and clarified that the list codified in 16 CFR 1130.2 isn’t static.

The CPSC’s approved changes to 16 CFR 1130, Requirements for Consumer Registration of Durable Infant or Toddler Products rule, are:

  • Restating the definition of “durable infant or toddler product” from CPSIA sec 104 and clarifying that the product categories are further defined in the individual mandatory standards
  • Adding to and clarifying the list of product categories requiring registration cards by:
    • Listing sling carriers, soft infant and toddler carriers, handheld infant carriers and frame child carriers as a subset of infant carriers, thereby providing clarity that these products are considered ‘durable infant or toddler product’ and fall within the scope of 16 CFR 1130
    • Clarifying bedside sleepers to be a subset of bassinets, providing clarity that bedside sleeper is considered ‘durable infant or toddler product’ and falls within the scope of 16 CFR 1130; and
    • Revising the term “changing tables” to “baby changing products,” to align with the mandatory standard for baby changing products

The CPSC has approved the final rule with two effective dates:

  • October 24, 2019, a 30-day effective date for product categories already covered by the consumer product registration rule
  • September 24, 2020, a twelve-month effective date for contoured changing pads, which were newly added to the consumer products registration rule

The approved rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR-2019-09-24/pdf/2019-20049.pdf

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265).

 

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