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JUNE 2021 - CHILDREN'S PRODUCTS
The U.S. Consumer Product Safety Commission (CPSC) has issued a final rule1 establishing a mandatory safety standard for infant sleep products, both flat and inclined, which will take effect on 23 June 2022. The purpose of the standard is to address infant sleep products not already covered by traditional sleep products and to reduce deaths associated with known infant sleep hazards.
A category of products called “infant sleep products” is established under 16 CFR Part 1236, which are all products marketed or intended to provide sleeping accommodation for an infant up to 5 months of age, and that are not already subject to a mandatory CPSC sleep product standard in section 104(f)(2) of the CPSIA:
The final rule requires that “infant sleep products,” defined as products marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, not covered by a CPSC sleep standard, will need to be tested to confirm the seat back/sleep surface angle is 10 degrees or less from horizontal, and must meet the requirements of 16 CFR Part 1218, including conforming to the definition of a bassinet or cradle.
The scope of the rule includes two types of sleep products that are currently unregulated by CPSC under any mandatory standard, including inclined sleep products, meaning infant sleep products with a sleep surface angle greater than 10 degrees from horizontal, and flat (non-inclined) sleep products, meaning infant sleep products with a sleep surface angle equal to or less than 10 degrees.
The final rule incorporates by reference the voluntary standard, ASTM F3118-17a2, Standard Consumer Safety Specification for Infant Inclined Sleep Products, with modifications to the introduction, scope, performance and testing requirements, so as to further reduce the risk of injury associated with infant sleep products.
The Commission also added these new product categories to the list of “durable infant or toddler products” through a rulemaking to amend 16 CFR § 1130.2, the Commission’s rule requiring durable infant or toddler products meet consumer registration rule requirements, as a subcategory of bassinets and cradles.
All durable infant or toddler products identified in § 1130.2 must meet the product registration card requirement; and because rules issued under section 104 of the CPSIA are children’s product safety rules, these products must also meet third-party testing and certification requirements in section 14 of the CPSA, and implemented by the Commission in 16 CFR Parts 1107, 1109, and 1110.
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