CPSC Issues New Crib Standards, Compliance, Certification & Testing Begin in June 2011

CPSC has also issued a: (i)a final rule to revoke, effective June 28, 2011, its existing regulations pertaining to such cribs; and (ii) notice of lab accreditation requirements that must be met for CPSC to accredit third-party labs to test for compliance with the new crib standards.

The third-party lab accreditation notice also triggers CPSIA testing and certification requirements for subject cribs, which CPSC indicates affects manufactures on and after June 28, 2011.

Full-Size Crib Standard Substantially Same as ASTM F 1169-10

For full-size cribs², the final rule adopts as mandatory the voluntary standard ASTM F 1169-10 Standard Consumer Safety Specification for Full-Size Baby Cribs, with the following two modifications to strengthen the standard:

1. Compliance will not be required with section 6.12 of ASTM F 1169-10 (the hardware retightening provision), as CPSC has determined that retightening fasteners before certain testing can allow certain other problems to go unnoticed.

2. Instead of complying with section 7.7.1 of ASTM F 1169-10, compliance with the following will be required: The spindle/slat static force test shall be performed with the spindle/slat assemblies removed from the crib and rigidly supported within 3 in. of each end of the upper and lower horizontal rails in a manner that shall not interfere with a spindle/slat deflecting under the applied force. For cribs incorporating foldable or moveable sides for purposes of easier access to the occupant, storage and/or transport, each side segment (portion of side separated by hinges for folding) shall be tested separately.

(ASTM F 1169-10 is incorporated by reference, with the above modifications. The complete standard is available for purchase on the ASTM website here.)

Non-Full-Size Crib Standard Substantially Same as ASTM F 406-10a

For non-full-size cribs³, the final rule adopts as mandatory the voluntary standard, ASTM F 406-10a - Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, with the following four modifications:

1. Compliance will not be required with section6.10 of ASTM F 406-10a (on hardware retightening) for the same reasons as described above.

2. Instead of complying with section 8.10.1 of ASTM F 406-10a, compliance with the following will be required: The spindle/slat static force test shall be performed with the spindle/slat assemblies removed from the crib and rigidly supported within 3 in. of each end of the upper and lower horizontal rails in a manner that shall not interfere with a spindle/slat deflecting under the applied force. For cribs incorporating foldable or moveable sides for purposes of easier access to the occupant, storage and/or transport, each side segment (portion of side separated by hinges for folding) shall be tested separately.

3. Instead of complying with section 9.4.2.6 of ASTM F 406-10a, compliance with the following warning will be required: “Child can become entrapped and die when improvised netting or covers are placed on top of product. Never add such items to confine child in product.”

4. Compliance with the following sections of ASTM F 406-10a will not be necessary as they relate only to play yards (which will be addressed separately by CPSC⁴): sections 5.6.2 through 5.6.2.4; section 5.16.2; section 7; sections 8.11 through 8.11.2.4; sections 8.12 through 8.12.2.2; section 8.14 through 8.14.2; sections 8.15 through 8.15.3.3; sections 8.16 through 8.16.3; and section 9.3.2 through 9.3.2.4.

(ASTM F 406-10 is incorporated by reference, with the above modifications. The complete standard is available for purchase on the ASTM website here.)

Drop-Sides Eliminated, Fold-Down Sides Allowed

CPSC explains that the ASTM standards were revised significantly in 2009 and 2010, with the most recent revisions occurring on June 1, 2010 for full-size cribs and on October 15, 2010 for non-full-size cribs. Like the recent revisions, the final rule limits movable sides so that traditional drop sides (in which the front side of the crib can be raised and lowered) will be eliminated, but designs that use a hinged, fold-down joint will be allowed.

New Crib Standards Apply Broadly and “Retroactively”

As required by the CPSIA, the new crib standards apply to anyone who manufactures, distributes in commerce, or contracts to sell a crib; to child care facilities, and others holding themselves out to be knowledgeable about cribs; to anyone who leases, sublets or otherwise places a crib in the stream of commerce; and to owners and operators of places of public accommodation affecting commerce.

“Retroactive.” In addition, the CPSIA requires that the new crib standards take effect on a given date, as opposed to taking effect for products manufactured after a given date. Therefore, effective June 28, 2011, it will be unlawful to sell, lease or otherwise distribute or provide a crib for use that does not meet the standards. This means that any cribs sold from inventory or from store shelves that were manufactured before the effective date will also have to comply. CPSC often refers to this type of regulation as being “retroactive.”

Will affect used cribs. The CPSIA also requires that the final rule’s standards cover used as well as new cribs. CPSC notes that the CPSIA treats cribs differently than any other durable infant or toddler products in this regard.

Two-Year Delayed Compliance for Child Care Facilities, Etc.

Compliance with this rule with respect to the offer or provision for use of cribs by child care facilities, family child care homes, and places of public accommodation affecting commerce is delayed until December 28, 2012.

Must Use 3rd-Party Labs to Test Cribs, Issue Certifications

The lab accreditation requirements that CPSC issued along with the final rule are substantially similar to all other CPSC lab accreditation requirement notices (e.g., labs must be accredited to ISO Standard ISO/IEC 17025:2005; the accreditation must expressly include testing to the new crib standards; governmental and private “firewalled” labs may also be accredited as third-party labs if they meet additional requirements; in certain limited circumstances, CPSC will accept certifications based on testing prior to the new crib standard’s effective date; etc.) (See lab notice for details.)

In addition to laying out requirements for labs, publishing a lab accreditation notice also has the effect of triggering the CPSIA testing and certification requirements.

Therefore, each manufacturer (including the importer⁵) or private labeler of a product subject to the crib standards (16 CFR parts 1219 or 1220) that is manufactured on or after June 28, 2011 must have sufficient samples of the product, or samples that are identical in all material respects to the products tested by a CPSC-accredited third party lab and issue a certificate of compliance with 16 CFR parts 1219 or 1220 based on that testing.

Cribs Have Been Subject to Frequent Recalls, Commission Action

CPSC notes that its Office of Compliance has been involved with numerous investigations and recalls of cribs. Since 2007, it has issued 46 recalls of more than 11 million cribs. To address these hazards, CPSC has also instituted a multifaceted “Safe Sleep” initiative to increase awareness of crib safety. (See ITT’s Online Archives or 06/25/10, 05/11/10, 02/19/10, and 01/29/10 news, 10062540, 1005113, 10021910, and 10012920 for BP summaries.)

Commissioners Voted Unanimously to Approve Crib Notices

In a break from recent divided votes, the Commissioners voted unanimously 5-0 to pass the crib final rule and related documents. Commissioner statements on the vote are available here.

¹The CPSIA directs CPSC to issue mandatory safety standards for durable infant or toddler products, such as cribs, that are substantially the same as or more stringent than the applicable voluntary standard or current mandatory standard.

²Full-size baby crib means a bed that is: (i) designed to provide sleeping accommodations for an infant; (ii) intended for use in the horne, in a child care facility, a family child care home, or place of public accommodation affecting commerce; and (iii) within a range of ± 5.1 cm (± 2 in.) of the following interior dimensions: The interior dimensions shall be 71 ± 1.6 cm (28 ± 5/8 in.) wide as measured between the innermost surfaces of the crib sides and 133 ± 1.6 cm (52 3/8 ± 5/8 in.) long as measured between the innermost surfaces of the crib end panels, slats, rods, or spindles. Both measurements are to be made at the level of the mattress support spring in each of its adjustable positions and no more than 5 cm (2 in.) from the crib corner posts or from the first spindle to the corresponding point of the first spindle at the other end of the crib. If a crib has contoured or decorative spindles, in either or both of the sides or ends, the measurement shall be determined from the largest diameter of the first turned spindle within a range of 10 cm (4 in.) above the mattress support spring in each of its adjustable positions, to a corresponding point on the first spindle or innermost surface of the opposite side of the crib.

³Non-full-size baby crib means a bed that: (i) is designed to provide sleeping accommodations for an infant; (ii) is intended for use in or around the home, for travel, in a child care facility, in a family child care home, in a place of public accommodation affecting commerce and other purposes; (iii) has an in interior length dimension either greater than 139.7 cm (55 in.) or smaller than 126.3 cm (49 3/4 in.), or, an interior width dimension either greater than 77.7 cm (30 5/8 in.) or smaller than 64.3 cm (25 3/8 in.), or both; (iv) includes, but is not limited to: (A) portable cribs - non-full-size baby cribs designed so that they may be folded or collapsed, without disassembly, to occupy a volume substantially less than the volume they occupy when used; (B) crib pens - non-full-size baby cribs with rigid sides the legs of which may be removed or adjusted to provide a play pen or play yard for a child; (C) specialty cribs - unconventionally shaped (circular, hexagonal, etc.) non-full-size baby cribs incorporating a special mattress or other unconventional components; (D) undersize cribs - non-full-size baby cribs with an interior length dimension smaller than 126.3 cm (49 3/4 in.), or an interior width dimension smaller than 64.3 cm (25 3/8 in.), or both; (E) oversize cribs - non-full-size baby cribs with an interior length dimension greater than 139.7 cm (55 in.), or an interior width dimension greater than 77.7 cm (30 5/8 in.), or both; (iv) does not include mesh/net/screen cribs, non-rigidly constructed baby cribs, cradles (both rocker and pendulum types), car beds, baby baskets, and bassinets (also known as junior cribs).

⁴Unlike the ASTM standard, the final rule does not address play yards as they are considered a separate product category under the CPSIA. CPSC intends to issue separate standards for play yards.

⁵CPSC has interpreted the certification requirement as affecting domestic manufacturers (in the case of domestic products) and importers (in the case of imported products). (See ITT’s Online Archives or 11/18/08 news, 08111805, for BP summary of a November 2008 CPSC final rule interpreting this requirement.)

(See ITT’s Online Archives or 07/23/10 and 07/16/10 news, 10072338 and 10071547, for BP summaries of the proposed rule and Commissioner statements on the proposed rule, respectively.)

(FR Pub 12/28/10)

CPSC press release, dated 12/17/10, available here.