Business Guidance FAQ

The regulation seeks to minimize the risk of deaths and injuries associated with the use of infant bath tubs, including incidents related to infant drownings and near-drownings and situations involving the collapse of infant bath tubs.

The regulation was originally published at 82 FR 15615 and codified at 16 C.F.R. part 1234. The regulation incorporates by reference ASTM F2670, and 16 C.F.R. § 1234.2 identifies the latest Commission-accepted version of ASTM F2670 that is mandatory as well as any modifications.

Read-only copies of ASTM standards that are incorporated by reference can be viewed at ASTM’s electronic Reading Room.

More information is available on our infant bath tubs business guidance page.

An “infant bath tub” is a “tub, enclosure, or other similar product intended to hold water and be placed into an adult bath tub, sink, or on top of other surfaces to provide support or containment, or both, for an infant in a reclining, sitting, or standing position during bathing by a caregiver”.

Infant bath tubs within the scope of the regulation include products of various designs such as bucket-style tubs that support a child sitting upright, tubs with an inclined seat for infants too young to sit unsupported, inflatable tubs, folding tubs, and tubs with spa features, such as handheld shower attachments and even whirlpool settings. ASTM F2670 permits infant bath tubs to have “a permanent or removable passive crotch restraint as part of their design” but does not permit “any additional restraint system(s) which requires action on the part of the caregiver to secure or release the restraint”.

The requirements for infant bath tubs per ASTM F2670 are as follows:

• General requirements
  • Hazardous sharp points and edges – see also 16 C.F.R. §§ 1500.3(b)(4)(i)(D) and 1500.3(b)(15)(i)(A)
  • Small parts – see also our small parts business guidance page
  • Lead in paints – see also our lead in paint business guidance page
  • Latching or locking mechanisms
  • Scissoring, shearing, and pinching
  • Openings
  • Protective components
  • Toys – any toy accessories must meet the applicable requirements for children’s toys
  • Labeling
  • Compliant of multi-use products
• Performance requirements
  • Restraint system
  • Static load
  • Specific requirements for suction cups
  • Structural integrity/attachments of infant bath tub accessories

For details on the individual requirements, firms should review the latest Commission-accepted version of ASTM F2670 as referenced at 16 C.F.R. § 1234.2. Read-only copies of ASTM standards that are incorporated by reference can be viewed at ASTM’s electronic Reading Room.

Yes. There are general requirements for children’s products and durable infant or toddler products that apply:

• Small parts: Products intended for children under 3 years of age must not contain small parts or liberate small parts after use and abuse testing.
• Lead in paint and similar surface coatings: Children’s products must not bear paint and/or similar surface coatings that contain more than 0.009 percent (90 ppm) lead.
• Total lead content: Children’s products must not contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part.
• Third-party testing: Children’s products must be tested for compliance to applicable safety rules by a third-party, CPSC-accepted laboratory.
• Certification: Domestic manufacturers or importers of children’s products must generate a Children’s Product Certificate (CPC) certifying compliance to the applicable safety rules and ensures that a CPC accompanies the distribution of the product.
• Labeling: Children’s products must bear distinguishing, permanent marks on the product and any packaging (tracking label) that allow consumers to ascertain certain information. Durable infant or toddler products are required to have product markings in addition to the tracking label. This chart summarizes the specific labeling and registration requirements that durable infant and toddler products must meet.
• Registration form: Durable infant or toddler products must have a product registration form (also known as registration card) permanently attached to the product. There must also be an option to register via a website or, in the absence of a website, via email.

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.