U.S. – CPSC Proposes Updates to Clarify 16 CFR 1130 Consumer Registration of Durable Infant or Toddler Products Rule

Vol. 1044 | 11 Oct 2018

As part of the rulemaking process required by Section 104(d) 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 the 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 clarifying that the list codified in 16 CFR 1130.2 is not static.

The CPSC’s proposed changes to 16 CFR 1130 are intended to clarify the products covered by the rule:

• Reiterating the definition of “durable infant or toddler product” from CPSIA section 104 and specifying that the product categories are further defined in the individual mandatory standards
• Listing sling carriers, soft infant and toddler carriers, handheld infant carriers and frame child carriers as a subset of infant carriers, thereby avoiding confusion as to the applicability of the consumer registration rule to these products
• Clarifying bedside sleepers to be a subset of bassinets to avoid confusion about their applicability to the consumer registration rule; and
• Revising the term “changing tables” to “baby changing products”, to align with the mandatory standard for baby changing products

The CPSC has proposed two effective dates – a 30-day effective date for product categories already covered by the consumer product registration rule and a 12-month effective date for products not previously covered by the consumer products registration rule, specifically for contoured changing pads. Comments on the proposed rule can be submitted until December 24, 2018.

The proposed rule can be reviewed at: https://www.gpo.gov/fdsys/pkg/FR-2018-10-09/pdf/2018-21865.pdf

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