CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: Mandatory safety standard for high chairs updated

JULY 2022 - CHILDREN'S PRODUCTS

The U.S. Consumer Product Safety Commission (CPSC) has approved the publication of a Federal Register notice¹ to update the safety standard for high chairs, codified in 16 CFR part 1231, to reflect the latest version of the ASTM standard F404-21² that will be mandated by operation of law. This final rule is effective on 23 July 2022.

ASTM F404-21 includes updates to section 7.7 Stability Testing that clarify the design and placement of test weights, which are used to conduct the forward, sideways, and rearward stability testing requirements described in sections 7.7.2.5, 7.7.2.6, and 7.7.2.7. ASTM F404-21 also includes minor non-substantial editorial changes throughout the standard.

On 24 January 2022, ASTM updated the voluntary standard for high chairs and notified the CPSC of the revised standard. Despite CPSC staff concluded that the revised standard improves the safety of high chairs, the Commission did not reach a majority vote, and accordingly, no action was taken. As such, by the operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F404-21 will take effect as the new mandatory standard for high chairs on 23 July 2022, 180 days after when the Commission received notice of the revision.

Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when a voluntary standard organization revises a standard that the Commission adopted as a mandatory standard, the revision becomes the CPSC standard within 180 days of notification to the Commission, unless the Commission determines that the revision does not improve the safety of the product, or the Commission sets a later date in the Federal Register. The Commission is taking neither of those actions with respect to the standard for high chairs.

[1]  Federal Register / Vol. 87, No. 136, 18 July 2022

[2]  ASTM F404-21, Standard Consumer Safety Specification for High Chairs