CPSC Issues Proposed Rule on Consumer Registration of Durable Infant/Toddler Products

The proposed rule, which would create a new 16 CFR Part 1130 entitled, Requirements for Consumer Registration of Durable Infant or Toddler Products, is mandated by the Consumer Product Safety Improvement Act of 2008 (CPSIA¹).

Comments are due September 14, 2009.

Rule Would Require Consumer Forms, Recordkeeping, Permanent Marks

Among other things, the proposed rule would require manufacturers (which by definition in the Consumer Product Safety Act (CPSA) includes importers) of durable infant or toddler products to:

Provide registration forms. Provide consumers with an English language, postage-paid consumer registration form with each durable infant/toddler product using specified text and format (see proposed rule for details) that:

is attached to the surface of each subject product so that, as a practical matter, the consumer must notice and handle the form after purchasing the product;

includes the manufacturer's name, model name and number for the product, and the date of manufacture;

includes an option for consumers to register through the Internet; and

includes a specified statement that the information provided by the consumer will not be used for any purpose other than to facilitate a recall of or safety alert.

Recordkeeping. Each manufacturer (includes importer) of a durable infant or toddler product would be required to maintain a record of all of the information provided by each registered consumer for each product manufactured for not less than 6 years after the date of manufacture and use this information to directly notify the registrant in the event of a voluntary recall, involuntary recall, or safety alert regarding that product.

Permanent marks. Each durable infant or toddler product would have to be permanently marked with the manufacturer name, and contact information (U.S. address and telephone number, toll free if available) model name and number, and date of manufacture. These markings would have to be in English, legible, and in a location that is conspicuous to the consumer.

Would Affect Products Manufactured 6 Months on/after Final Rule's Publication

The requirements of new 16 CFR Part 1130 would become effective 180 days after publication of a final rule and apply to durable infant or toddler products manufactured on or after that date.

Note that CPSC is required issue a final rule on these requirements no later than August 14, 2009. However, CPSC sources state that this may not be possible as CPSC is also required to seek comments, and the comment due date ends September 14th.

Durable Infant/Toddler Products Include But Aren't Limited to Cribs, Swings, Etc.

The proposed rule would apply to durable infant or toddler products intended for use, or that may reasonably be expected to be used, by children under the age of five and include but are not limited to:

(CPSC states that the following would not be considered durable infant or toddler products: clothing, blankets, toys, sports/playground equipment, etc.)

Exception for car seats. The proposed rule would not apply to infant or child carriers intended for use in automobiles as they are already covered by the registration program of the National Highway Traffic and Safety Administration (NGTSA) at 49 CFR 571.213.

CPSC Seeks Comments on Role of Importer in Registration Process, Etc.

CPSC requests comments on all aspects of the proposed rule, including (partial list):

the party that should have the primary responsibility for the registration obligations(i.e., the importer or manufacturer (which might include a foreign manufacturer);

whether other parties, such as retailers, distributors or private labelers, could/should establish and maintain the registration program;

what products are included in the definition of durable infant or toddler product;

the interplay between this requirement and the CPSIA tracking label requirement for children's products;

whether CPSC should prescribe the registration card format or allow flexibility;

allowing the consumer to e-mail registration information as an option; and

appropriateness of the proposed effective date.

In Future, CPSC Could Expand Registration to Other Children's Products, Allow Recall Notification Technology

The CPSIA also directs the CPSC to conduct a study no later than four years from enactment of the CPSIA on the effectiveness of the consumer registration forms required by the CPSIA and whether to expand registration to other children's products.

In addition, within three years of the CPSIA's enactment, and periodically thereafter, the CPSC must report to Congress on its assessment of recall notification technology. If, based on that assessment, CPSC determines by rule that recall notification technology is likely to be as effective or more effective facilitating recalls of durable infant and toddler products, it must permit its use in lieu of registration forms.

¹Enacted as Public Law 110-314 on August 14, 2008.

(See ITT's Online Archives or 06/24/09 news, 09062410, for BP summary of the CPSC Commissioners' vote to publish this proposed rule, along with their statements.

See ITT's Online Archives or 05/22/09 news, 09052215, for BP summary of a CPSC staff memo on this CPSIA requirement and staff recommendations.

See ITT's Online Archives or 09/30/08 and 12/01/08 news, 08093005 and 08120120, for BP summaries of the CPSIA requirement that CPSC issue mandatory safety standards for durable infant/toddler products and CPSC's first advance notice of proposed rulemaking to do so for cribs.)

- comments due September 14, 2009

CPSC contact - Patricia Pollitzer (301) 504-7634

CPSC proposed rule (FR Pub 06/29/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-15242.pdf