Business Guidance FAQ

Reese’s Law applies to “button cell or coin batteries” and defines that term as any single cell battery with a diameter greater than the height of the battery and any other battery determined by the Commission to pose an ingestion hazard.

For the purposes of meeting the requirements of 16 CFR part 1263, the Commission determined that zinc-air button cell or coin batteries do not pose an ingestion hazard; therefore, such batteries are not subject to the requirements of 16 CFR part 1263. Note that such batteries are still subject to the special packaging requirements pursuant to section 3 of Reese’s Law (see FAQ “What are the requirements of Reese’s Law (P.L. 117-171)?” below).

For more information, visit our button cell and coin battery business guidance page.

Because there are different rules with different effective dates and enforcement discretion allowances, please refer to the following table for key dates:

Pursuant to section 2 of Reese’s Law, CPSC established 16 CFR part 1263 which incorporates by reference ANSI/UL 4200A-2023 as the mandatory standard and includes the following requirements for consumer products containing or designed to use button cell or coin batteries:

• Battery compartments containing replaceable button cell or coin batteries must be secured such that they require the use of a tool or at least two independent and simultaneous hand movements to open.
• Button cell or coin battery compartments must not allow such batteries to be accessed or liberated as a result of use and abuse testing.
• The packaging for the overall product must bear a warning.
• The product itself must bear a warning, if practicable.
• Accompanying instructions and manuals must include all of the applicable warnings.

A read-only copy of ANSI/UL 4200A-2023 is available for free at www.ulstandards.com/IBR/logon.aspx.

Also pursuant to section 2 of Reese’s Law, CPSC established warning label requirements for packaging of button cell or coin batteries. These are found at 16 CFR § 1263.4.

Section 3 of Reese’s Law requires special packaging (child-resistant and senior-friendly packaging) for button cell or coin batteries, whether sold separately or included with a consumer product.

Yes. By statute, toy products designed, manufactured, or marketed as playthings for children under 14 years of age that are compliant with the battery accessibility and labeling requirements of 16 CFR part 1250, also known as the Toy Standard, are exempt from section 2.

In addition, the Commission determined that zinc-air button cell or coin batteries do not present an ingestion hazard; therefore, such products are not subject to 16 CFR part 1263, which implements section 2 of Reese’s Law. However, zinc-air button cell or coin batteries must still meet the special packaging requirements per section 3 of Reese’s Law.

Yes. By statute, batteries packaged in accordance with the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M) are exempt from section 3 packaging requirements. You can access a read-only copy of the ANSI C18.3M standard here: NEMA IBR Standards Available (ansi.org).

Yes, via meeting the marking and packaging provisions of the ANSI Safety Standard for Portable Lithium Primary Cells and Batteries (ANSI C18.3M). You can access a read-only copy of the ANSI C18.3M standard here: NEMA IBR Standards Available (ansi.org).

Any button cell or coin battery packaged in accordance with the standards provided in section 16 CFR § 1700.15, as determined through testing in accordance with the method described in 16 CFR § 1700.20 (i.e., the Poison Prevention Packaging Act or PPPA standards), will meet the requirements of section 3. For more information on the PPPA, visit our Poison Prevention Packaging Act business guidance page and related FAQs.

Battery packaging that meets the marking and packaging provisions of the ANSI C18.3M Safety Standard for Portable Lithium Primary Cells and Batteries is exempt from the requirements of section 3 of Reese’s Law.

Products that are subject to section 3 of Reese’s Law, which refer to the packaging requirements of 16 CFR § 1700.15, must undergo both the child test and adult test. See 16 CFR § 1700.15(b).

No. The ANSI Safety Standard for Portable Lithium Primary Cells and Batteries still requires the packaging to meet the requirements in 16 CFR §§ 1700.15(b)(1) and 1700.20(a)(2) under the PPPA. This means that the packaging must meet the required level of child-resistant effectiveness and that firms must subject their packaging to testing by children in the manner delineated by 16 CFR § 1700.20(a)(2).

Yes. Manufacturers or importers of products subject to any of the requirements under Reese’s Law must issue a Children’s Product Certificate (CPC) for children’s products or a General Certificate of Compliance (GCC) for general-use products. For more information on certificates, please visit our CPC business guidance page and related FAQs or GCC business guidance page and related FAQs.

Note, testing to the special packaging requirements of the PPPA per section 3 of Reese’s Law is not required to be conducted by a third-party, CPSC-accepted laboratory. As a result, button cell or coin batteries that are packaged separately but included with a children’s product do not need to be tested by a third-party, CPSC-accepted laboratory. CPCs for such children’s products must still include the citation for section 3 of Reese’s Law along with the other applicable children’s product safety rules. Sections of the CPC related to testing may list multiple pieces of information as needed (e.g., multiple dates and place of testing).

Yes. The requirement for the labeling of button cell or battery packaging is found at 16 CFR § 1263.4 and applies to packages of button or coin cell batteries manufactured or imported after September 21, 2024.

If seeking an exemption from section 3 of Reese’s Law due to compliance with ANSI C18.3M, it is important to remember that the ANSI standard does require specific cautionary advice on packaging. Packaged button cell or coin batteries that meet the ANSI standard are exempt from the special packaging requirements in section 3(a) of Reese’s Law, but not from the labeling requirements. Thus, labeling requirements in § 1263.4 apply to all packages of button cell or coin batteries, even those that meet ANSI C18.3M.

Not necessarily. Referenced color schemes need to be in color only if the labels are printed in more than one color (e.g., anything other than black and white).

Because medical devices are excluded from the definition of “consumer product,” in the Consumer Product Safety Act, such products are not subject to section 2 of Reese’s Law (or the implementing requirements of 16 CFR part 1263). However, medical devices that are intended for use by children may be subject to CPSC jurisdiction under the Federal Hazardous Substances Act. Firms must report such products to CPSC if they create an unreasonable risk of serious injury or death, and CPSC could seek to recall any such products that contain a defect which creates a substantial risk of injury to children.

Yes. Per the comment-and-response 27 at 88 FR 65274, store displays and similar products that are not intended to be purchased by a consumer but with which a consumer may interact are subject to 16 CFR § 1263.3 if they contain a button cell or coin battery.

Yes. Promotional products provided to consumers are consumer products subject to the applicable CPSC requirements.

The projected area should be included in the area calculations for determining the size of the principal display panel. Detailed guidance on display panel area calculations is available at 16 CFR § 1500.121(c)(1).

Yes. 16 CFR § 1263.3 applies to consumer products containing or designed to use button cell or coin batteries. The fact that the product does not actually contain the battery when it is manufactured, imported, or sold does not exempt it from the applicable requirements.

Section 3(a)(10) of the CPSA, 15 U.S.C. § 2052(a)(10), states that the term "manufactured" means to "manufacture, produce, or assemble." Repackaging or refurbishing products falls under "assemble." Further, section 14(a)(1) of the CPSA, 15 U.S.C. § 2063(a)(1), requires testing and certification of items imported for consumption or warehousing, or distributed in commerce, after the enforcement date. If products are being repackaged or refurbished in the US, the "distributed in commerce" aspect is met, and the finished product would require compliance with the applicable requirements. Note that section 3(a)(7) of the CPSA, 15 U.S.C. § 2052(a)(7), states that the terms "to distribute in commerce" and "distribution in commerce" mean to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce.

Therefore, products that are repackaged or refurnished for introduction or delivery into commerce after March 19, 2024, must comply with 16 C.F.R. § 1263.3, which includes performance and labeling requirements for both the product and the packaging under 16 C.F.R. § 1263.3.

If the repackaging or refurbishing takes place overseas, and the product is imported on or after March 19, 2024, it must also comply with 16 C.F.R. § 1263.3.

If a consumer ships their product(s) outside of the US for repair, and their intent is to retain the product(s) for personal use and consumption following the repair of the product(s), and not for the purposes of distribution of the product(s) into interstate commerce in the US, then the consumer would not need to test or certify the product(s) to 16 CFR § 1263.3 upon reentry of the product(s) into the US.

No. The full label requirement for the package at UL 4200A section 7B.1 mentions use of either Figure 7B.1 or 7B.2 (the latter of which contains the blue “Keep out of reach of children” icon), but the split label requirement at section 7B.3 does not reference this icon. Further, section 7B.1 for the full label does reference size requirements for both icons, but section 7B.3 references size requirements for only the safety triangle with battery icon.