The regulation seeks to minimize the risk of injury or death associated with a child’s use of a gate or enclosure.
CPSC staff reviewed recalls involving children’s gates and enclosures from January 2008 to December 2018. More than 1 million units (1,318,180) associated with 215 incidents and 13 injuries were recalled because they posed fall, entrapment, tripping, and laceration hazards to children.
The regulation was originally at 85 FR 40100 and codified at 16 C.F.R. part 1239. The regulation incorporates by reference ASTM F1004, and 16 CFR § 1239.2 identifies the latest Commission-accepted version of ASTM F1004 that is mandatory.
Read-only copies of ASTM standards that are incorporated by reference can be viewed at ASTM’s electronic Reading Room.
An “expansion gate” as a “barrier intended to be erected in an opening, such as a doorway, to prevent the passage of young children, but which can be removed by older persons who are able to operate the locking mechanism”.
An “expandable enclosure” as a “self-supporting barrier intended to completely surround an area or play-space within which a young child may be confined”.
The scope of the standard notes applies to products intended for children aged 6 to 24 months.
The requirements for gates and enclosures per ASTM F1004 are as follows:
- General requirements
- Wood parts
- Use of screws
- 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
- Openings
- Exposed coil springs
- Scissoring, shearing, and pinching
- Labeling
- Lead – see also our lead in paint business guidance page
- Protective components
- Performance requirements
- Completely-bounded openings
- Height of sides
- Vertical strength
- Bottom spacing
- Configuration of uppermost edge
- Latching/locking and hinge mechanisms
- Pressure-mounted gates
- Units with egress panels
- Automatic closing systems
- Horizontal push-out
- Locking device
- Toys
- Slat strength test
- Pressure-mounted gate-mounting hardware
- Visual side-pressure indicators
For details on the individual requirements, firms should review the latest Commission-accepted version of ASTM F1004 as referenced at 16 C.F.R. § 1239.2. 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. 16 C.F.R. § 1500.87 addresses determination of accessibility for the purposes of the total lead content rule.
- 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.
For more information on the requirements for durable infant or toddler products, specifically gates and enclosures, contact the U.S. Consumer Product Safety Commission:
- Visit our Regulatory Robot, designed to guide you through CPSC’s product safety requirements.
- Contract our Office of Compliance (for specific enforcement inquiries): e-mail: section15@cpsc.gov; telephone: (800) 638-2772.
- Ask our Small Business Ombudsman (for general assistance understanding and complying with CPSC regulations): e-mail: Please use our Contact Form, which is the best way to get a fast response; telephone: (888) 531-9070.
To purchase copies of ASTM F1004-22, contact ASTM International at: www.astm.org or via telephone: 1-877-909-2786. ASTM F1004-22 can be viewed free of charge as a read-only document at: https://www.astm.org/READINGLIBRARY/.