Business Guidance FAQ

Federal law requires that booster seats comply with the Safety Standard for Booster Seats, 16 CFR part 1237 (Effective January 2, 2020), and with additional requirements, including those of the Consumer Product Safety Improvement Act of 2008 (CPSIA). 

Manufacturers and importers of booster seats must certify in a Children's Product Certificate (CPC) that their products comply with the mandatory standard and any additional CPSIA requirements after the products have been tested for compliance at a CPSC-accepted, third party laboratory. These requirements are discussed below and at: www.cpsc.gov/BusinessEducation.

A “booster seat,” as defined in ASTM F2640-18, is a juvenile chair, which is placed on an adult chair to elevate a child to standard dining table height. The booster seat is made for the purpose of containing a child, up to 5 years of age, and normally for the purposes of feeding or eating. A booster seat may be height adjustable and include a reclined position.

The standard seeks to minimize the risk of deaths and injuries associated with the use of booster seats, including those related to infant falls, entrapment, or structural and design problems. 

The mandatory Safety Standard for Booster Seats incorporates by reference ASTM F2640-18, the voluntary standard, without modifications.  The Commission published its final rule in July 2, 2018, 83 Fed. Reg. 30837 (Effective January 2, 2020). ASTM F2640-18 can be purchased from ASTM International via: www.astm.org. 

The standard includes testing requirements for structural integrity, tray performance, the child-restraint system, and other performance requirements specific to booster seats.

The standard also includes:

• a requirement that wooden parts be smooth and free of splinters;
• a prohibition of hazardous sharp points and edges;
• a requirement that no small parts exist before testing or are liberated as a result of testing;
• design requirements to prevent scissoring, shearing, and pinching;
• limitations on measurements of any circular holes in rigid materials to prevent finger entrapment;
• requirements that the product remain fully functional and not tip over backwards or sideways when tested for stability;
• a requirement that any exposed coil spring be covered or designed to prevent injury from entrapment;
• testing requirements for graspable protective components;
• requirements for toy attachments;
• requirements for the content, format, and permanency of labels and warnings; and
• requirements for the inclusion of written instructional literature.

For more information on the requirements reference ASTM F2640-18.

Booster seats are subject to requirements for surface coatings, lead, testing and certification, registration cards, and tracking labels. These requirements are discussed below and at: www.cpsc.gov/BusinessEducation:

• Surface Coating Limit: Booster seats must not be painted with paint that contains more than 90 ppm (0.009 percent) lead.
• Lead Content Limit: Booster seats must not contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part.
   
• Phthalate Content Limits: Booster seats that contain plasticized parts and are designed, marketed, or intended to facilitate eating, must not contain more than 0.1 percent of the following eight specified phthalates: di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisobutyl phthalate (DIBP), di-n-pentyl phthalate (DPENP), di-n-hexyl phthalate (DHEXP), and dicyclohexyl phthalate (DCHP).
   
• Testing and Certification: Booster seats, like all products that are designed or intended primarily for children 12 years of age or younger, must be tested by a CPSC-accepted, third party laboratory for compliance with the Booster Seats Standard (Effective January 2, 2020) and all other applicable children’s product safety rules. Based on that testing, a domestic manufacturer (or importer) of booster seats must issue a Children's Product Certificate specifying each applicable rule and indicating that the product complies with those rules.

• Product and Outer Package Labeling Requirements: Durable infant or toddler products, such as booster seats, must be permanently marked with specific labeling information, including tracking labels, on the product and on the packaging. 
   
• Product Registration Card Requirement: In addition, durable infant or toddler products are required to have additional product markings and a product registration card attached to the product. This chart summarizes the specific labeling and registration requirements that durable infant and toddler products must meet.

The product registration card requirement for durable infant or toddler products will help improve the effectiveness and response rates for future recalls. CPSC has issued precise requirements about what needs to be included on the cards.  

This chart summarizes the specific labeling and registration requirements that durable infant and toddler products must meet.

In order to improve recall effectiveness, Congress has required that manufacturers of covered products:

1. Provide consumers with a postage-paid product registration card with each product;
2. Maintain a record of the names, addresses, e-mail addresses, and other contact information of consumers who register their products; and
3. Permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.  

Product registration cards are required for all durable infant and toddler products in order to enable the manufacturer or retailer of the product to contact consumers with recall or other safety information. The exact requirements for the postage-paid cards – the details of the text and the required format – are described in detail in the final rule, as corrected. More information on product registration cards is provided in the FAQs below.

The product registration card must be attached to the surface of the durable infant or toddler product so that the consumer will notice and handle the form after purchasing the product.

The product registration card has certain information already on it, such as the manufacturer's name and contact information, the model name and number (or other identifier), and the date of manufacture. The consumer provides his/her name, address, telephone number, and e-mail address.

The product registration card must provide an option for the consumer to register the product through the internet or via e-mail.

Manufacturers must maintain a record of the names, addresses, e-mail addresses, and other contact information of consumers who register their ownership of a durable infant or toddler product. Manufacturers must use this information only to notify the consumer of safety alerts or recalls regarding the product and are prohibited from using this information for marketing, promotional, or any other purpose. 

Records must be maintained for not less than six years after the date of manufacture of the product.

The manufacturer must permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each durable infant or toddler product.

• Product Registration Card Final Rule, as amended (without preamble)
• Product Registration Card Final Rule (with preamble) [pdf]
• Amendments to the Product Registration Card Final Rule (with preamble) [pdf]

The rule applies to the following product categories: 

• Baby Changing Products
• Bassinets and Cradles
• Bedside Sleepers
• Booster Seats
• Carriages and Strollers
• Children’s Folding Chairs and Stools
• Cribs (Full-Size)
• Cribs (Non Full-Size)
• Frame Child Carriers
• Gates and Enclosures
• Hand-Held Infant Carriers
• High Chairs Infant Bath Seats
• Infant Bath Tubs
• Infant Bouncer Seats
• Infant Sleep Products
• Infant Swings
• Infant Walkers
• Play Yards
• Portable Bed Rails
• Portable Hook-On Chairs
• Sling Carriers
• Soft Infant and Toddler Carriers
• Stationary Activity Centers
• Toddler Beds

No.  A single product registration card attached to one of the principal components is sufficient. 

No, accessories sold independently of the nursery product are not covered by the registration rule.

The domestic manufacturer or the importer (of foreign made products) is responsible for compliance.

The importer is responsible for complying with all of the requirements of the rule (which are summarized in response to the first question above). See 16 CFR § 1130.3. The rule applies to "manufacturers" of durable infant or toddler products. However, for a foreign-made product, the manufacturer is the importer of the product.

Registration cards must state all information in English, include the manufacturer's name, the model name, and number for the product, and the date of manufacture, and they must include an option for consumers to register through the Internet. Registration cards also must include a statement that information provided by the consumer shall not be used for any purpose other than to facilitate a recall of or safety alert regarding that product. See 16 CFR § 1130.5; see also, 16 CFR § 1130.6 for format and § 1130.7 for text of the registration card.

Yes. Section 104(d) of the Consumer Product Safety Improvement Act states that the product registration rule, which contains these requirements for marking or labeling, is a consumer product safety rule. A consumer product that fails to comply with an applicable consumer product safety rule shall be refused admission. 15 U.S.C. § 2066(a)(1). Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

If a product is not marked or labeled at the time of importation, it still may be physically entered into the United States, but it will not be deemed legally admissible into the United States until marking or labeling occurs.

The product can be entered into the United States for warehousing, and it can be marked or labeled in the warehouse before it is withdrawn for consumption. You can file a consumption entry with Customs and Border Protection (CBP), and the product may be released conditionally by the CPSC and CBP under the CBP basic importation bond for the purposes of marking or labeling the product at the importer's premises or another location agreeable to the CPSC and CBP.

If an importer seeks to use these options to mark or label its product, the product is subject to an inspection by CPSC staff to verify that the newly affixed markings and labels satisfy the requirements.

The CPSC will notify the importer of the duration of the conditional release period on a case-by-case basis, although the typical timeframe will be 30 days. Individual circumstances concerning the type of product and the complexity of marking and labeling will be taken into account.

A failure to mark or label a product, as required by the product registration rule, or inadequate marking or labeling of a product, will result in the product being refused admission into the United States by the CPSC. See 15 U.S.C. § 2066(a)(1). Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

If a product is refused admission, it must be destroyed at the importer's expense or exported under government supervision. Failure to export or destroy the product will result in the assessment of liquidated damages against the importer, usually in an amount equal to three times the value of the product upon entry into the United States. Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

Yes. If the product arrives without the required marking or labeling, you can export the product under a Customs and Border Protection (CBP) in-bond entry for export without having to mark or label it, and there is no need to file a consumption entry. If you have filed a consumption entry and ask for a conditional release, you can export the product even before the CPSC refuses admission. But you must notify the CPSC and CBP if that is your decision, and then you must follow CBP instructions regarding exportation.

The CPSC will notify the importer of the duration of the conditional release period on a case-by-case basis, typically 30 days. Individual circumstances concerning the type of product and the complexity of attaching the accompanying registration card will be taken into account.

If product is refused admission, it must be destroyed at the importer's expense or exported under government supervision. Failure to export or destroy the product will result in the assessment of liquidated damages against the importer, usually in an amount equal to three times the entered value of the product. (See 19 C.F.R. § 113.6(m)). Alternatively, the CPSC may request that Customs and Border Protection (CBP) seize and forfeit the product under the Tariff Act.

If the importer did not make registration cards available, or failed to attach the registration cards to the products that are subject to the requirements, the importer may be held liable.

No. The importer may use a website established by others, or the importer may provide an e-mail address where consumers can send their registration information, but only if the importer lacks a website for consumers to register their products. If importers provide an e-mail address, the e-mail address must be set up to provide an automatic reply to confirm receipt of the consumer's information. Limited information is required for the consumer to submit the registration form.

Yes. If necessary, the importer is allowed to use the facilities and capabilities of a third party located in the United States for maintaining these records.