CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: CPSC proposes to amend consumer registration of durable infant or toddler products

october 2018- Relevant for: toys and children's products

On 9 October 2018, the Consumer Product Safety Commission (CPSC) published a proposed rule¹ to amend the consumer registration requirements of durable infant or toddler products under the Consumer Product Safety Improvement Act (CPSIA)². The revised rule would have 12 months to become effective after its publication on the Federal Register once adopted.

To provide clarity and avoid confusion, the Commission advances to update the definition of product, clarify the scope of listed product categories, and add six additional product categories that fell within the scope.

In the proposed rule, the Commission would like to

• State the full statutory definition of “durable infant or toddler products”;
• Specify the scope of listed product categories are defined in the applicable mandatory standards;
• Align the listed product category with the name used in the voluntary or mandatory standard;
• List four types of infant carriers that are also subject to the consumer registration requirement;
• Remove the “infant slings” as a separate product category and change the name to “sling carriers”:
• Clarify the “bedside sleepers” are considered as a subset of bassinets and cradles; and
• Revise “changing tables” to “baby changing products”. 

Though many bedside sleepers on the market are for use with play yards or standalone bassinets, the Commission reminded that such multiuse products are also required to provide a consumer registration under the Act. Similarly, contoured changing pads and add-on changing units are subject to the registration requirement under baby changing products despite they are sold independently.

The Act defines durable products that are intended for use or expected to be used by children under 5 years old. Section 104 of the CPSIA, also called Danny Keysar Child Product Safety Notification Act, requires the Commission must issue a mandatory rule for each durable infant or toddler product, and establish a rule requiring consumer registration for each product. The implementation regulation was published in 2009 and codified at 16 CFR 1130³. Currently, the rule includes twelve product categories that fell within the scope of durable infant or toddler products.

[1] Federal Register Vol.83, No. 195

[2] Statute of CPSIA

[3] 16 CFR 1130