CPSC Proposes Rule for Mandatory Standard for Play Yards
The Consumer Product Safety Commission has issued a proposed rule to establish a mandatory consumer product safety standard for play yards. The proposed standard is based on the voluntary standard, ASTM F 406-11 - Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, with certain changes.
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Comments are due by December 5, 2011.
(The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires CPSC to issue mandatory consumer product safety standards for durable infant or toddler products that are either “substantially the same as” voluntary standards or more stringent, as determined necessary. Play yards are one of the products specifically identified by the CPSIA as a durable infant or toddler product.)
Proposed Rule Would Adopt ASTM F 406-11 with Three Changes
The proposed rule would adopt ASTM F 406-11 with the following three changes:
- clarify the equipment needed to perform the floor strength test;
- simplify and clarify the language of the floor strength test method;
- allow the tester to choose the clamp (within a specified range) in the test method for determining the strength of corner brackets.
(Note that the provisions of ASTM 406-11 that apply to non-full-size cribs have been excluded because those products are addressed in a separate rulemaking. See ITT’s Online Archives or 12/28/10 news, 10122813, for BP summary of CPSC’s December 2010 final rule establishing mandatory standards for full and non-full-size baby cribs.)
Could Take Effect 6 Months After Publication of Final Rule
CPSC intends for the standard to become effective six months after the publication of the final rule in the Federal Register. However, it invites comment on how long it will take play yard manufacturers to come into compliance.
Would Require CPSIA 3rd-Party Testing & Certification, Preemption Would Apply
Because play yards are children’s products, they would be subject to the third-party testing and certification requirements established by the CPSIA to show compliance with the play yard standard.
In addition, the rule would invoke, when it becomes effective, the preemptive effect of section 26(a) the Consumer Product Safety Act (CPSA) meaning that no state may either establish or continue in effect a requirement dealing with the same risk of injury unless the state requirement is identical to the federal standard.
ASTM play yard standard available during the comment period here.
CPSC contact -- Gregory Rea GRea@cpsc.gov
(FR Pub 09/20/11, D/N CPSC-2011-0064)