9 Oct 2018
Amendments to Registration Requirements for Durable Infant Products Under Consideration
The Consumer Product Safety Commission is seeking input from interested parties by 24 December on a proposal to amend the requirements for consumer registration of durable infant and toddler products by (i) modifying the definition of “durable infant or toddler product” in the rule to include the full statutory definition; (ii) clarifying that the scope of each listed product category is further defined in the applicable mandatory standard; (iii) clarifying listed product categories using the product name in the applicable mandatory standard; and (iv) clarifying the scope of the infant carriers and bassinets and cradles product categories.
Section 104 of the Consumer Product Safety Improvement Act of 2008 requires that for durable infant or toddler products the CPSC must issue a mandatory rule for each product based on the applicable voluntary standard as well as a rule requiring consumer registration for such products. The CPSC issued a regulation to implement the second provision in 2009, requiring manufacturers to provide a means for consumers to register durable infant or toddler products so that they could receive direct notification in the event of a product recall. The two aspects of section 104 – consumer registration and product standards – are based on the definition of durable infant or toddler product set forth in section 104(f) of the CPSIA, that is, “durable products intended for use, or that may be reasonably expected to be used, by children under the age of 5 years.” The statute lists 12 product categories included within the definition, such as cribs, toddler beds, high chairs, strollers and swings, and the CPSC added six more categories in a 2009 rulemaking.
The CPSC is now proposing to make the following changes to clarify the products covered by the rule:
- state the full statutory definition of “durable infant or toddler product” in section 104(f)(1);
- specify that the listed product categories are further defined in the applicable mandatory standards;
- list “sling carriers,” “soft infant and toddler carriers,” “handheld infant carriers” and “frame child carriers” as a subset of infant carriers to avoid confusion regarding whether they are subject to the consumer registration rule and to reflect each product category using the name of the applicable mandatory standard;
- clarify that “bedside sleepers” are a subset of bassinets to avoid confusion regarding whether they are subject to the consumer registration rule and to reflect the product name used in the mandatory standard; and
- revise the term “changing tables” to “baby changing products” to reflect the product name used in the mandatory standard.