What are durable infant or toddler products?
A durable infant or toddler product is a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years and is one of the following:
- full-size cribs and non-full-size cribs;
- toddler beds;
- high chairs, booster seats, and hook-on chairs;
- bath seats;
- gates and other enclosures for confining a child;
- play yards;
- stationary activity centers;
- infant carriers;
- bassinets and cradles;
- children’s folding chairs;
- changing tables;
- infant bouncers;
- infant bathtubs;
- bed rails; and
- infant slings.
Are all durable infant or toddler products listed above subject to children’s product safety rules?
Eventually, yes. Currently, the Commission has issued children’s product safety rules for four of the product categories in the above list. By law, the Commission must continue to study and develop mandatory child product safety rules for the remaining products on the above list.
What is the consumer registration requirement for durable infant or toddler products?
In order to improve recall effectiveness, Congress has required that manufacturers of covered products:
- Provide consumers with a postage-paid product registration card with each product;
- Maintain a record of the names, addresses, e-mail addresses, and other contact information of consumers who register their products; and
- Permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.
These requirements are currently in effect and apply to all manufacturers of durable infant and toddler products listed above, regardless of whether a specific children’s product safety rule has been issued by the Commission for their particular product. Learn more about these product registration requirements.
What children’s product safety rules for durable infant or toddler products are currently in place?
To date, the Commission has issued requirements for the following durable infant or toddler products:
See the Resources section below for more information on these requirements.
What other durable infant or toddler products are scheduled for study and mandatory requirements?
The list of durable infant and toddler products scheduled for study are listed on the top of this page. CPSC does not publish the schedule but the public is provided with an opportunity to comment on each new proposed rule at the time at which it is proposed. By law, the Commission must consider comments received by the public during the comment period.
When the Commission enacts a new requirement for a durable infant product listed at the top of this page, the Commission will then issue laboratory application requirements to the testing laboratories that are seeking CPSC-acceptance for the new requirement. From the time that the Commission issues the laboratory application requirements, third party testing is generally required 90 days thereafter although the precise timeframe can vary on a case-by-case basis.
Previously-conducted testing to a new requirement may be acceptable as the basis for certifying a product as compliant provided that certain guidelines are met. This is called retrospective testing. If the Commission accepts this retrospective testing, the Commission will provide guidance on how a certifier may rely upon the previously conducted testing. CPSC has provided an outline of some of the conditions previously required in the last question on the Third Party Testing FAQ page.
The best way to stay current on the requirements for durable infant products is to use the following CPSC services:
Small Business Ombudsman mailing list: Distributes plain English explanations of certain Commission actions and provides occasional updates on Commission rulemaking and other activities.
Twitter: Follow the Small Business Ombudsman @CPSCSmallBiz for more frequent updates on CPSC requirements.
Follow CPSC on Regulations.gov through a direct search or via an RSS feed for real time updates. (Advanced Search Criteria: CPSC, Open for Comment, Proposed Rule.) Regulations.gov also has a list of all rules open for comment.
Is third party testing and certification required for durable infant and toddler products?
Yes. For those durable infant and toddler products for which the Commission has already issued children’s product safety rules, third party testing and certification requirements are in effect. In the situation where new rules for durable infant and toddler products are being proposed or passed, the effective enforcement date for third party testing is generally 90 days after the Commission provides procedural notice to the testing laboratories. You should review each individual rule as it is released for precise dates.
Signing up for the email services described above will provide you the most up to date information on each new durable infant and toddler product rule.
How are mandatory children’s product safety rules for durable infant or toddler products updated when the voluntary standard (on which the mandatory rule is based) is updated or revised?
The standards organization that issued the voluntary standard (for this class of products, it is most often ASTM International) must provide official notice to the Commission that the standard has been revised. Thereafter, the revised voluntary standard automatically will be considered to be the new, revised mandatory children’s product safety rule 180 days after notification to the Commission by the standards organization, unless the Commission takes additional action. If, after receiving notification of the revision(s) to the standard—and within 90 days from the date of notification to it—the Commission determines that the proposed revision(s) does not improve the safety of the consumer product covered by the standard, and the Commission notifies the standards organization of its determination, the revisions to the voluntary standard do not take effect, and the applicable mandatory children’s product safety rule remains unchanged.
This communication has been prepared for general informational purposes only and is based upon the facts and information presented. This communication does not, and is not intended to, constitute legal advice and has not been reviewed or approved by the Commission, and does not necessarily represent their views. Any views expressed in this communication may be changed or superseded by the Commission.