Details of CPSC Final Rule on Durable Infant/Toddler Product Registration
The Consumer Product Safety Commission has issued a final rule, effective June 28, 2010, which establishes requirements for domestic manufacturers and importers of durable infant and toddler products to enable consumers of these products to register and be notified directly if the product is the subject of a recall or safety alert.
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The final rule, which is mandated by the Consumer Product Safety Improvement Act of 2008 (CPSIA1), creates a new 16 CFR Part 1130 entitled, Requirements for Consumer Registration of Durable Infant or Toddler Products.
Changes from the Proposed Rule
CPSC states that the final rule is substantially the same as its June 2009 proposed rule, but in response to comments, it has made the following changes (partial list):
Responsible party specified. The final rule specifies that domestic manufacturers (in the case of domestic products) and importers (in the case of imported products) are the parties responsible for meeting the final rule's requirements. CPSC states that while retailers, through contractual agreements, may take over the registration cards and database, manufacturers and importers are ultimately responsible.
Applies only to listed products. CPSC agrees with comments that a narrative definition of durable infant or toddler products is too open-ended. Therefore, the final rule defines ''durable infant or toddler product'' as the 12 specific product categories listed in the CPSIA definition of the term, 6 additional products which CPSC believes meet the definition, and combinations thereof. (See list below.) CPSC states that if it wishes to add more products in the future, it will do so through rulemaking.
Two-tier effective date. CPSC has decided that the final rule will be effective six months after its publication for the 12 products originally listed in the CPSIA (as there has been sufficient time to prepare) and one year after publication for the 6 products added by CPSC.
Defines permanent mark. The final rule clarifies that a permanent mark is one that can reasonably be expected to remain on the product during the useful life of the product. Thus, CPSC states that an adhesive label could be used, so long as it meets this requirement.
Changes in label content. The final rule also makes changes regarding the content of the product labels. Among other things, it allows the date of manufacture on the product label to be expressed in code form and allows manufacturers to use unique product numbers such as Product Identification Numbers (PINs) in place of model numbers.
Harmonization with "tracking labels." CPSC agrees that it should not be necessary to have two marks with redundant information on a product. Therefore, the final rule clarifies that manufacturers/importers may combine information required by the CPSIA "tracking label" requirement with the durable infant/toddler registration information into one marking, as long as all the information required by both sections is included.
Card format. CPSC agrees that more flexibility should be allowed in the design, format, and placement of the registration card and states that the final rule allows for this.
Final Rule Requires Permanent Marks, Consumer Forms, Recordkeeping
The final rule requires each domestic manufacturer (in the case of domestic products) or importer (in the case of imported products) of a durable infant or toddler product manufactured after certain dates to:
Permanently mark product - permanently mark each durable infant or toddler product with the manufacturer's (or importer's) name, and contact information (U.S. address and telephone number, toll free if available) model name and number, and date of manufacture. The final rule adds that:
If the manufacturer regularly uses only a model name or a model number, but not both, to identify the product, he/she may provide only the model name or number rather than creating a model name or number for the sole purpose of this requirement.
If the manufacturer regularly identifies the product by a PIN or other similar identifying number rather than a model number, he/she may provide that identifying number instead of a model number.
The date must include the month and year of manufacture but can be stated in code.
A permanent mark is one that can reasonably be expected to remain on the product during the useful life of the product.
The information must be in English, legible, and in a location that is conspicuous to the consumer.
The information may be combined with other information marked on the product.
Provide consumer forms - provide consumers with a postage-paid registration form with each subject product that meets the format and text requirements of new 16 CFR 1130.6 and 1130.7. The form must 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 after purchasing the product.
The form must include the manufacturer's or importer's name, the model name and number for the product, and the date of manufacture. The card must also include an option for consumers to register through the Internet and a 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 regarding that product.
(See notice for sample card as well as details on the form size, font size, etc.)
Maintain records for 6 years - maintain for six years a record of registrants for each product manufactured that includes all of the information provided by each registered consumer. This information must be used by the manufacturer or importer to notify the registrant in the event of a voluntary or involuntary recall of, or safety alert regarding, such product. It may not be used for any other purpose.
Compliance Required for 12 Infant/Toddler Manufactures on/after June 28, 2010
CPSC is requiring compliance with this final rule for the following products that are manufactured on or after June 28, 2010:
| infant carriers | bath seats | bassinets and cradles | walkers |
| toddler beds | play yards | strollers | swings |
| high chairs, hook-on chairs, and booster chairs | full-size and non-full size cribs | gates and other enclosures for confining a child | stationary activity centers |
Compliance Required for 6 Infant/Toddler Manufactures on/after Dec. 29, 2010
CPSC is requiring compliance with this final rule for the following products that are manufactured on or after December 29, 2010:
| children's folding chairs | infant bouncers | bed rails |
| changing tables | infant bath tubs | infant slings |
1Enacted as Public Law 110-314 on August 14, 2008.
(See ITT's Online Archives or 12/29/09 news, 09122915, for BP summary announcing publication of the final rule.
See ITT's Online Archives or 12/10/09 news, 09121010, for BP summary of CPSC discussion of the draft final rule.
See ITT's Online Archives or 06/30/09 news, 09063005, for BP summary of the June 2009 proposed rule.)
CPSC contact - Marc Schoem (301) 504-7520
CPSC final rule (FR Pub 12/29/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-30485.pdf