CPSC Establishes Mandatory Infant Bath Seat Standard, Issues Lab Requirements

CPSC has also issued the accreditation requirements that must be met for third-party labs to test infant bath seats for compliance with the new standard. This accreditation notice triggers the Consumer Product Safety Improvement Act (CPSIA) third-party testing and certification requirements for infant bath seats.

Final Rule Establishes Mandatory Bath Seat Standard

As required by the CPSIA¹, the final rule creates a new 16 CFR part 1215 in order to establish a mandatory safety standard for bath seats.

Effective for Manufactures/Imports on or after December 6, 2010

The final rule is effective December 6, 2010 and applies to infant bath seats manufactured or imported on or after that date.

ASTM Bath Seat Standard Will be Mandatory, with Certain Changes

The final rule incorporates by reference the requirements for bath seats in ASTM F 1967-08a “Standard Consumer Safety Specification for Infant Bath Seats,” with the following changes to strengthen the standard (partial list):

Definition of bath seat revised. The final rule revises the ASTM definition of bath seat to add language on support. It states that a bath seat is an article used in a bath tub, sink, or similar bathing enclosure and that provides support, at a minimum, to the front and back of a seated infant during bathing by a caregiver. This does not include products that are designed or intended to retain water for bathing.

Size of warning label doubled. Under the final rule, the ASTM warning label which explains, among other things, that caregivers should “ALWAYS keep baby within adult’s reach” is doubled in size in order to increase the visibility of this important information.

Allowable tilt limited. The allowable tilt angle of the bath seat during the stability test is limited to 12 degrees under the final rule. Therefore, if at any time during the application of force, the seat is no longer in the initial ‘intended use position’ and is tilted at an angle of 12 degrees or more from its initial starting position, it will be considered a failure.

Other testing changes. Other testing changes have been made under the final rule such as requiring a soapy test solution to be applied to all areas where the product may make contact while in use, requiring a test probe to be inserted in all orientations of the leg openings, etc.

Lab Accreditation Requirements, Triggering of 3rd Party Testing/Certification

CPSC is also issuing a notice of requirements that provides the criteria and process for CPSC accreditation of third party labs to test infant bath seats for conformity with CPSC regulations and triggers the CPSIA third-party testing and certification requirements.

Comments are due July 6, 2010.

3rd-Party Testing/Certification Required for Manufactures on/after Dec 2010 Date

The CPSIA requires CPSC to issue third-party lab accreditation requirements for children’s product safety rules. It also requires products subject to these rules which are manufactured 90 days after publication of the accreditation requirements to be tested by a CPSC-accredited third-party lab and certified as having met those requirements.

However, in this case, CPSC is delaying the third-party testing and certification requirements to coincide with the effective date of the final rule on bath seats. Therefore, third-party testing by a CPSC-recognized lab and certification by the domestic manufacturer (in the case of domestic products) or importer (in the case of imports)² will only be required for bath seats manufactured on or after a December date³.

According to CPSC sources, the agency wanted to give labs and industry as much time as possible to prepare for the requirements, and it would not have been reasonable to expect testing for a requirement that was not yet effective.

(See notice for details of the accreditation requirements which are substantially similar to previously issued CPSC accreditation requirements, including that labs be ILAC-MRA accredited, meet certain ISO standards, etc.)

¹The CPSIA requires CPSC to issue mandatory safety standards for various durable infant and toddler products that are substantially the same as or more stringent than the applicable voluntary standard.

²The CPSIA states that manufacturers (which includes importers) and private labelers must issue Children’s Product Certificates based on testing by a third-party lab, but CPSC has interpreted the requirements as affecting domestic manufacturers (in the case of domestic products) and importers (in the case of imported products).

³Note that CPSC sources state the requirement for 3rd party testing/certification is meant to coincide with the December 6, 2010 effective date of the bath seat final rule. However, the accreditation notice mistakenly states that the bath seat final rule is effective December 1, 2010 and based on that (incorrect) date, states that testing and certification would be required for any product manufactured on or after December 2, 2010. BP is checking on this error, and will update subscribers as new information is available.

(See ITT’s Online Archives or 09/03/09 news, 09090320, for BP summary of the proposed rule on bath seats.)

(D/N CPSC-2009-0064)

CPSC Commissioner statements on the final rule available here.