Business Guidance FAQ

Federal law requires that infant bath seats comply with the infant bath seat standard and with additional requirements, including those of the Consumer Product Safety Improvement Act of 2008 (CPSIA).

Manufacturers and importers of infant bath seats must certify in a Children's Product Certificate that the infant bath seat complies with the standard and the additional requirements after the infant bath seats have been tested for compliance at a CPSC-accepted, third party laboratory. These requirements are discussed below and at www.cpsc.gov/BusinessEducation.

An infant bath seat is used in a bath tub, sink, or similar bathing enclosure and provides support, at a minimum, to the front and back of a seated infant during bathing by a caregiver. This does not include products designed or intended to retain water for bathing, such as infant bath tubs.

The standard seeks to prevent deaths and injuries, particularly drowning and near-drownings, when a bath seat is used with an infant.

The standard is published in the Code of Federal Regulations at 16 CFR Part 1215. The standard incorporates by reference ASTM F1967-19.

The principal performance requirements from the ASTM standard for bath seats are:

• requirements for latching and locking mechanisms;
• requirements to prevent scissoring, shearing, and pinching;
• entrapment testing for accessible holes and openings;
• torque/tension testing for graspable components;
• a requirement that warning labels be permanent;
• a test for stability, performed on a test platform containing both a slip-resistant surface and a smooth surface, to test whether the bath seat may tip over during use;
• requirements for a passive crotch restraint, to prevent a child from sliding through front or sides of the seat;
• a static load test to test whether the bath seat may break or become damaged during use;
• a requirement that suction cups (if used) adhere to the bath seat and the surface;
• a leg opening requirement to prevent children from sliding through these openings;
• a leg opening requirement restricting the expansiveness of the seating area to prevent the child from slumping and becoming entrapped in a reclined position; 
• requirements for warning labels and an instruction manual;
• a requirement to limit the allowable tilt angle of the bath seat during the stability test; and
• a requirement that during testing, the test solution be applied to all areas where the product makes contact with the test platform.

The specific requirements and descriptions of the tests for infant bath seats are in ASTM F1967-19, which can be purchased from ASTM.

Infant bath seats are subject to requirements for surface coatings, lead content, small parts, testing and certification, registration cards, and tracking labels. These requirements are discussed below and at www.cpsc.gov/cpsia:

• Surface Coating: Infant bath seats may not be painted with paint that contains more than 0.009 percent lead.
• Lead Content: Infant bath seats cannot contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part.
• Testing and Certification: Infant bath 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 applicable children's product safety rules. Based on that testing, a domestic manufacturer (or importer) of infant bath seats must issue a Children's Product Certificate indicating that the product complies with those rules.
• Registration Cards: Each manufacturer of an infant bath seat must (1) provide a postage-paid consumer registration form with each product and (2) keep records of consumers who register their products with the manufacturer. In addition, manufacturer's add permanent markings to the product that state (3) the manufacturer's name and contact information, (4) the model name and number, and (5) the date of manufacture permanently on each such product.
• Tracking Labels: Infant bath seats must have a tracking label or other distinguishing permanent mark affixed to the product and its packaging. The tracking label shall be a permanent distinguishing mark on the product and its packaging, to the extent practicable, and must contain certain basic information, including the (1) name of the manufacturer or private label, (2) the location and date of manufacture, and (3) cohort information, such as a batch or run number.

To the extent that the information required to be marked on the product (by the tracking label requirement and the registration card rule) is duplicative, you may combine the markings on the product to satisfy both requirements. Note that the tracking label requirement must also be marked on the product's packaging.

16 CFR § 1130.2(a) defines a durable infant or toddler product as a 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:

• Cribs (full size and non-full size)
• Toddler beds
• Highchairs, booster seats, and hook-on chairs
• Bath seats
• Gates and enclosures
• Play yards
• Stationary activity centers
• Infant carriers (soft infant and toddler carriers, hand-held infant carriers, sling carriers, and frame child carriers)
• Strollers
• Walkers
• Swings
• Bassinets and cradles (includes bedside sleepers and infant sleep products)
• Children’s folding chairs and children’s folding stools
• Baby changing products
• Infant bouncers
• Infant bathtubs
• Bed rails
• Crib mattresses

All durable infant or toddler products must meet certain children’s product safety requirements, such as lead in surface coatings, lead content, phthalate content (in certain circumstances), mandatory testing by a CPSC-accepted laboratory, certification, registration cards, and tracking labels and other markings.

In addition, durable infant or toddler products for which the Commission has issued final regulations must comply with additional performance requirements.

For more information, visit our durable infant or toddler products business guidance page.

To improve recall effectiveness, Congress has required that manufacturers and importers of durable infant or toddler products:

1. Provide consumers with a postage-paid product registration form (also known as registration cards) 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/importer, U.S. contact information, model name and number, and the date of manufacture on each durable infant or toddler product.

For more information, visit our registration forms business guidance page.

Yes. When the Commission adopts a new mandatory safety rule, it publishes the rule and its effective date in the Federal Register. Durable infant or toddler products must be tested and certified by that effective date. For durable infant or toddler products, the effective date has typically been set at six months after publication of the new rule in the Federal Register. Based on passing test results, manufacturers of importers of durable infant or toddler products must issue a Children’s Product Certificate (CPC). For more information, visit our CPC business guidance page.

This is commonly referred to as retrospective testing where testing to a standard was conducted prior to that standard being made mandatory. Such testing may be acceptable as the basis for certifying a product as compliant provided that certain guidelines are met. CPSC has provided an outline of some of the conditions previously required in the question "Does the CPSC accept testing performed before the effective date of a new mandatory standard for a children's product?" on our Initial Testing FAQ page.

The standards organization that issued the voluntary standard must provide notice to the Commission that the standard has been updated/revised. Thereafter, the updated/revised voluntary standard automatically will be considered to be the new 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 an update/revision to the standard, the Commission determines that the proposed revision(s) does not improve the safety of the consumer product covered by the standard within 90 days from the date of notification to it, 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. The latest, Commission-accepted version of the voluntary standard that is mandatory is referenced within the CFR part that establishes a mandatory safety standard for the product.

SBO’s Business Education newsletter (check the box for “Business Education”) compiles Commission actions and provides summaries of updates on rulemaking and other activities. Commission rules are listed in the CFR.

Regulations.gov has a list of all rules open for comment. You can filter results by agency, whether it’s a rule or proposed rule, or even when the comment period ends.

Subscribing to CPSC’s Federal Register notices will send email notifications anytime CPSC posts requests for information pursuant to rulemaking, notices of proposed rulemaking, or final rules.

You can always contact the SBO directly for guidance on CPSC’s regulations. You can reach the SBO through their contact form, by phone toll-free at (888) 531-9070, or by email to SBO@cpsc.gov.

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

1. Provide consumers with a postage-paid registration form (also known as 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.

For more information, visit our registration form business guidance page.

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.

Firms 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. Firms must only use this information 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.

The domestic manufacturer or importer must permanently place the firm’s name and contact information (U.S. address and phone number, toll-free if available), model name and number, and the date of manufacture on each durable infant or toddler product.

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
• Crib Mattresses
• 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 separately are not covered by the registration rule.

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

Marking or labeling must be permanently affixed to the product.

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 per 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.

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.

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.

No. The primary requirement is to have a postage-paid registration form physically attached to the product. A website or email registration is a secondary requirement that does not replace the physical form requirement. Both requirements must be fulfilled to comply.

On June 4, 2010, the Commission published a final rule establishing a Safety Standard for Infant Bath Seats (Standard) under section 104(b) of the Consumer Product Safety Improvement Act of 2008.  The Standard, which became effective on December 6, 2010, is published in the Code of Federal Regulations at 16 C.F.R. part 1215, and the Standard currently incorporates by reference ASTM F1967-11a, Standard Consumer Safety Specification for Infant Bath Seats.  The Standard establishes performance requirements, test methods, and labeling requirements to promote the safe use of infant bath seats and reduce the risk of death and injury, particularly drownings and near-drownings, when a bath seat is occupied by an infant.

The Standard originally incorporated by reference ASTM F1967-08a.  Reference provisions in this bulletin are from the ASTM   Standard.

An infant bath seat is used in a bath tub, sink, or similar bathing enclosure. It provides support, at a minimum, to the front and back of a seated infant during bathing by a caregiver.  The scope of the regulation does not include products designed or intended to retain water for bathing, such as infant bath tubs. 

Some of the key requirements for bath seats include:

• Bath seats must be stable enough to prevent tip-over incidents in “worst case scenario” situations, including bath tubs with smooth and slip-resistant surfaces.
• A passive crotch restraint must be designed to prevent a child from sliding through the front and sides of the seat.
• If suction cups are used for stability, they must adhere to both the bath seat and the test platform surfaces.
• Leg openings must be designed to prevent children from sliding through.

This bulletin seeks to clarify the testing methods regarding the requirements.  The provisions of concern are addressed as follows:

1)      Stability Performance Requirements (§ 6.1) – This section requires that bath seats meet the stability requirements on two distinct test platform surfaces: (1) a smooth porcelain enamel tub surface; and (2) a slip-resistant tub surface.  Testing for stability on a specified test platform using two surfaces has been in effect since 2007.  When testing to the Standard, third party laboratories should be mindful not to alter the specified test platform surfaces.

a)      Preparation of test platform surface #1 (§ 7.4.3) – The test platform identified in Section 7.4.3 consists of a specified bath tub containing two test surfaces. Test surface #1 is an area within the bath tub that has commercially available, adhesive-backed safety tread strips (for bath tub use) that are applied to the tub surface at a distance of no more than ½ inch (12 mm) apart from edge to edge.  CPSC staff interprets the Standard as requiring a gap (not to exceed ½ inch) between the safety tread strips as typically indicated in product literature for bath tub safety tread strips. Staff suggests placing the safety tread strips ⅜ inch (+/- ⅛ inch) apart from edge to edge.  Application of the safety tread strip without any gap is inconsistent with the manufacturer’s recommended application for the tread strips.  

Test Platform Containing Both Test Surface No. 1 and Test Surface No. 2

b)      The manufacturer’s instructions may not alter the test platform surface - The bath seat shall be installed directly onto the test platform surface specified in section 7.4.3.  Thus, no pads or other separate components provided with the bath seat or sold separately can be used to modify the condition, texture, or characteristics of the test surfaces specified in the Standard.  While the Standard notes that the product should be installed “according to the manufacturer’s instructions,” the manufacturer’s instructions cannot change or alter the test platform surfaces specified in the Standard.

c)      Attachment components must be permanently attached to the bath seat - Components including, but not limited to, clamps, arms, suction cups or pads that provide the means of attachment to the adult bath tub should be permanently attached to the bath seat. 

d)      Angle criterion – One of the sub-requirements under the stability performance requirement is the bath seat shall not deflect more than 12 degrees during the test.  CPSC staff measures the change in angle by measuring the angle of the aluminum test bar above the applied force location before and during the test.  If the change in angle exceeds 12 degrees, then CPSC staff interprets the result to mean that the sample did not meet the regulation.  This interpretation is consistent with the prior interpretations developed during the rulemaking process.

2)      Leg Openings Requirements (§ 6.5) – This section requires that “all openings on the sides of the bath seat through which a seated occupant can slide or otherwise insert any extremity shall not permit the passage of the Bath Seat Torso probe when tested in accordance with 7.7.1.”  Under Section 7.7.1, the leg openings test specifies that the applied force shall be placed on the probe in the direction of the major axis of the probe from the direction of the occupant’s seating surface.  CPSC staff interprets this section to mean that one may apply force to the probe by pushing or by pulling.  Both are acceptable.  If the laboratory chooses to pull the probe through the opening, the probe must be rigidly attached to the force measurement device.

3)      Openings (§ 5.6) – This section is required to prevent entrapment due to accessibility of holes and openings.  Specifically, this section states that holes or slots that extend entirely through a wall section of any rigid material less than 0.375-in. (9.53-mm) thick and admit a 0.210-in. (5.33-mm) diameter rod shall also admit a 0.375-in. (9.53-mm) diameter rod. Holes or slots that are between 0.210 in. (5.33 mm) and 0.375 in. (9.53 mm) and have a wall thickness less than 0.375 in. (9.53 mm) but are limited in depth to 0.375 in. (9.53 mm) maximum by another rigid surface shall be permissible.  The product shall be evaluated in all manufacturers’ recommended use positions. 

The CPSC staff interprets this section to allow multiple rigid attached parts to create the hole or opening.  The staff interprets the term “wall section” to mean a testable opening that could be created through a single part or at the edge of multiple adjoining components.  The staff interprets the term “entirely through” to mean that the opening shall penetrate a thin section of material, but an opening does not need to pass through the entire part for it to be a testable location.  The CPSC staff uses the following chart in assessing this requirement.