Rulemaking
PROPOSED RULE: September 4, 2012
Based on available data, the
U.S. Consumer Product Safety
Commission (the Commission, the
CPSC, or we) has determined
preliminarily that there may be an
unreasonable risk of injury associated
with children ingesting high-powered
magnets that are part of magnet sets.
These magnet sets are aggregations of
separable, permanent, magnetic objects
intended or marketed by the
manufacturer primarily as a
manipulative or construction desk toy
for general entertainment, such as
puzzle working, sculpture building,
mental stimulation, or stress relief. In
contrast to ingesting other small parts,
when a child ingests a magnet, the
magnetic properties of the object can
cause serious, life-threatening injuries.
When children ingest two or more of the
magnets, the magnetic forces pull the
magnets together, and the magnets
pinch or trap the intestinal walls or
other digestive tissue between them,
resulting in acute and long-term health
consequences. Although magnet sets
have only been available since 2008, we
have determined that an estimated 1,700
ingestions of magnets from magnet sets
were treated in emergency departments
between January 1, 2009 and December
31, 2011.
To address the unreasonable risks of
serious injury associated with these
magnet sets, the Commission is issuing
this notice of proposed rulemaking
(NPR), which would prohibit such
magnet sets. Under the proposal, if a
magnet set contains a magnet that fits
within the CPSC’s small parts cylinder,
magnets from that set would be required
to have a flux index of 50 or less, or they
would be prohibited. The flux index
would be determined by the method
described in ASTM F963–11, Standard
Consumer Safety Specification for Toy
Safety.
The Commission solicits written
comments concerning the risks of injury
associated with these magnet sets, the
regulatory alternatives discussed in this
NPR, other possible ways to address
these risks, and the economic impacts of
the various regulatory alternatives. This
proposed rule is issued under the
authority of the Consumer Product
Safety Act (CPSA).
Based on available data, the U.S. Consumer Product Safety Commission (the Commission, the CPSC, or we) has determined preliminarily that there may be an unreasonable risk of injury associated with children ingesting high-powered magnets that are part of magnet sets. These magnet sets are aggregations of separable, permanent, magnetic objects intended or marketed by the manufacturer primarily as a manipulative or construction desk toy for general entertainment, such as puzzle working, sculpture building, mental stimulation, or stress relief. In contrast to ingesting other small parts, when a child ingests a magnet, the magnetic properties of the object can cause serious, life-threatening injuries. When children ingest two or more of the magnets, the magnetic forces pull the magnets together, and the magnets pinch or trap the intestinal walls or other digestive tissue between them, resulting in acute and long-term health consequences. Although magnet sets have only been available since 2008, we have determined that an estimated 1,700 ingestions of magnets from magnet sets were treated in emergency departments between January 1, 2009 and December 31, 2011.
To address the unreasonable risks of serious injury associated with these magnet sets, the Commission is issuing this notice of proposed rulemaking (NPR), which would prohibit such magnet sets. Under the proposal, if a magnet set contains a magnet that fits within the CPSC’s small parts cylinder, magnets from that set would be required to have a flux index of 50 or less, or they would be prohibited. The flux index would be determined by the method described in ASTM F963–11, Standard Consumer Safety Specification for Toy Safety.
The Commission solicits written comments concerning the risks of injury associated with these magnet sets, the regulatory alternatives discussed in this NPR, other possible ways to address these risks, and the economic impacts of the various regulatory alternatives. This proposed rule is issued under the authority of the Consumer Product Safety Act (CPSA).
Download Proposed Rule