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USA: CPSC publishes final rule for new federal safety standard for magnets to prevent deaths and serious injuries from high-powered magnet ingestion; 16 CFR 1262

SEPTEMBER 2022 - HARDLINES

On 21 September 2022, The U.S. Consumer Product Safety Commission (CPSC) issued a rule¹ to address the hazard associated with the ingestion of one or more high-powered magnets; under 16 CFR 1262. 

The CPSC has determined that unreasonable risks of injury are associated with small, powerful magnets that, when ingested, can interact internally through body tissue, which can lead to acute and long-term health consequences or death. 

The rule establishes requirements for subject magnet products that are designed, marketed, or intended to be used for entertainment, jewellery (including children's jewellery), mental stimulation, stress relief, or a combination of these purposes, and that contain one or more loose or separable magnets, but the subject products do not include magnet products sold and/or distributed solely to school educators, researchers, professionals, and/or commercial or industrial users exclusively for educational, research, professional, commercial, and/or industrial purposes. 

Each loose or separable magnet in a product that is subject to the rule and that fits entirely within CPSC's small parts cylinder must have a flux index of less than 50 kG² mm². The flux index is determined by the method described in the ASTM F963 Toy Standard.

The final rule also provides an exemption from the requirements of the new 16 CFR part 1262, specifically: Toys that are subject to 16 CFR part 1250, Safety Standard Mandating ASTM F963 for Toys. Because the ASTM F963 Toy Standard already includes requirements to adequately address the magnet ingestion hazard associated with children’s toys.

This rule is effective on October 21, 2022, and will apply to all subject magnet products manufactured after that date. 

[1]  Federal Register / Vol. 87, No. 182