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USA: CPSC updates safety standard for gates and enclosures

OCTOBER 2021 - CHILDREN'S PRODUCTS

On 28 September 2021, the Consumer Product Safety Commission (CPSC) issued a direct final rule¹ updating the mandatory safety standard for gates and enclosures to incorporate by reference the most recent voluntary standard ASTM F1004‑21² without modification, which is the first revision made to ASTM F1004 since the Commission published the final rule in July 2020³.

The ASTM standard F1004 for gates and enclosures includes performance requirements, test methods, and requirements for warning labels and instructional literature, to address hazards to infants and children associated with gates and enclosures. In July 2021, ASTM notified the CPSC of the revised voluntary standard for gates and enclosures. ASTM made editorial changes and substantive revisions to the voluntary standard in ASTM F1004-21 to harmonise with the current mandatory standard.

Based on a review of the revised voluntary standard, the CPSC allows it to become the mandatory standard for gates and enclosures because the revised performance requirements are identical to those set forth in 16 CFR part 1239. The revised standard will become operative from 2 January 2022 unless significant adverse comment is received by 28 October 2021, in such case, it will be withdrawn.

[1]  Federal Register Vol. 86, No. 185

[2]  ASTM F1004-21

[3]  Final rule in 2020