CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: CPSC retains mandatory safety standards for full-size and non-full-size baby cribs

SEPTEMBER 2020 - CHILDREN'S PRODUCTS, HARDLINES

On 4 September 2020, the Consumer Product Safety Commission (CPSC) announced the completion¹ of regulatory review for the mandatory safety standards for full-size and non-full-size baby cribs. The notice concluded that the crib standards should be maintained without change. 

In 2010, CPSC firstly published mandatory safety standards 16 CFR part 1219 and 1220 respectively for full-size and non-full-size baby cribs under section 104(c) of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The initial rules applied to persons owning or operating child care facilities and places of public accommodation, in addition to manufacturers or importers. 

Section 104 of CPSIA was amended in 2011, which specifically stated that any revision after the initial crib standards’ publication shall apply only to crib manufacturers or importers unless the application of additional persons is necessary to protect the children’s health. The Commission has not extended the applicability to any additional persons in subsequent revisions to the standards. 

Since the initial rules of cribs could have a significant economic impact on a substantial number of small entities, the section 610 of the Regulatory Flexibility Act (RPA) requires CPSC to review these rules within 10 years of their first publication.

In January 2020, almost ten years later, CPSC launched the regulatory review to determine whether these standards should be maintained without change, rescinded or modified to minimize any significant impact of the rule on a substantial number of small entities.

After reviewing the public comments received and information about the burden of the current crib standards on small businesses collected from crib suppliers, the Commission did not find the evidence that the economic impact on small entities is significant. CPSC finally concluded that the crib standards should be retained without change. 

The current CPSC crib standards incorporate by reference ASTM F1169-19 with modifications for full-size baby² and ASTM F406-19 with modifications for non-full-size cribs³. 

The Commission now has launched another regulatory review⁴, in response to certain crib manufacturer’s feedback on having difficulties with implementing the component part testing rule under 16 CFR part 1109, and with the frequency of testing required in 16 CFR part 1107. Public can submit comments by 23 October 2020.

[1]  Federal Register Notice of Availability of Completed Rule Review for Crib Safety Standards

[2]  Newsletter of CPSC updated safety standard for full-size baby cribs, July 2019

[3]  Newsletter of CPSC updated safety standard for non-full-size baby cribs, October 2019

[4]  CPSC Launched Regulatory Review for 16 CFR part 1109 and 1107