New CPSC Law Requires Mandatory Safety Standards for Durable Infant and Toddler Products, Etc.
The Consumer Product Safety Improvement Act of 2008, which was enacted on August 14, 2008 as Public Law 110-314, requires the Consumer Product Safety Commission to study/develop mandatory safety standards for durable infant and toddler products (for children under age five)1.
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In addition, the CPSIA expands the consumer registration and corresponding recordkeeping requirements for manufacturers of such products.
CPSC Must Provide Mandatory Standards for Cribs, Strollers, Walkers, Etc.
The CPSC must either make mandatory the existing voluntary safety standards for the following products or provide a stricter mandatory safety standard for: toddler beds; high chairs, booster chairs, hook-on chairs; bath seats; gates and other enclosures for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; bassinets and cradles; and new and used full-size cribs and non full-size cribs.2
The CPSC can prioritize its work on these products but must begin two rulemakings by August 14, 2009 and promulgate two more rules every six months until all products have a mandatory safety standard.
Once the CPSC has issued these safety standards, it will be illegal to manufacture, sell or import a product that violates the new safety standard. Violations could result in either civil or criminal penalties.
Postage-Paid Registration Forms to be Required for Products to Facilitate Recalls
The CPSC must also issue a final rule by August 14, 2009 requiring manufacturers of these same types of infant and toddler products to provide a postage prepaid registration form with each product that will enable the manufacturer or retailer of the product to contact consumers with recall or other safety information.
Forms must be attached to product, etc. The CPSIA states that the registration forms will be required to be attached to the surface of each durable infant or toddler product so that as a practical matter, the consumer must notice and handle the form. The forms will have to include certain information such as the manufacturer's name, model name and number, and the date of manufacture. (See the CPSIA for further requirements such as a statement on the form that the information provided by the consumer will not be used for any other purpose than to facilitate a recall, etc.)
Manufacturers to be Required to Maintain Record of Registrants for 6 Years
Each manufacturer will be required to maintain a record of such registrants for each product manufactured for not less than 6 years after the date of manufacture.
CPSC Must Conduct Regular Reviews of Recall Notification Technology
Two years after CPSC promulgates the above final rule on registration forms, it must conduct regular reviews of recall notification technology to determine the effectiveness of such technology in facilitating recalls.
By August 14, 2011, the CPSC must submit its first report on such technology assessments to Congress. If CPSC determines by rule that a recall technology is likely to be as effective or more effective in facilitating recalls as the required registration forms, it must submit a report to Congress on its determination and allow a manufacturer to use such technology in lieu of the required registration form.
1"Durable infant or toddler product" means a durable product intended for use, or that may reasonably be expected to be used, by children under the age of five.
2CPSC explains that Congress extended the scope of the mandatory crib standard to apply not just to cribs, portable cribs and play pens offered for sale or otherwise distributed in commerce but also to cribs offered for use in hotels, child care facilities, family child care homes and other places where cribs are offered for use or lease. In addition, the CPSIA includes a definition of cribs which includes new and used cribs, full-sized or non full-sized cribs, and portable cribs and crib-pens.
(See ITT's Online Archives or 09/18/08 news, 08091805, for BP summary of comments by CPSC at a September 4, 2008 public meeting on P.L. 110-314, with links to numerous summaries on specific provisions of the law.
See ITT's Online Archives or08/04/08 news, 08080410, for a comprehensive BP summary of P.L. 110-314.)
CPSC information on standards and consumer registration of durable nursery products available at http://www.cpsc.gov/about/cpsia/104brief.html
Conference report (P.L. 110-314 not yet available) available at http://energycommerce.house.gov/CPSC/ConferenceReport.072908.HR4040.FINAL_002_xml.pdf