CPSC Seeks Comments on New Rules that would Require Manufacturers and Importers to Provide for Consumer Registration of Durable Infant and Toddler Products

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June 29, 2009

The Consumer Product Safety Commission (CPSC) today published a notice of proposed rulemaking (NPR) that would require manufactures and importers of durable infant or toddler products to: (1) provide with each product a postage-paid consumer registration form; (2) maintain records of consumers who register such products with the manufacturer; and (3) permanently place the manufacturer name and contact information, model name and number, and the date of manufacture on each such product.

The proposed rule, required by Section 104(d) of the Consumer Product Safety Improvement Act (CPSIA), is intended to enable consumers to register their durable infant or toddler products so that the consumer can be notified directly if the product is the subject of a recall or safety alert.

A durable infant or toddler product is defined under the NPR as a durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and includes, but is not limited to, individual and combinations of:

1. Full-size cribs and non-full-size cribs;
2. Toddler beds;
3. high chairs, booster seats, and hook on chairs;
4. Bath seats;
5. Gates and other enclosures for confining a child;
6. Play yards;
7. Stationary activity centers;
8. Infant carriers;
9. Strollers;
10. Walkers;
11. Swings;
12. Bassinets and cradles.

While Section 104(d) of the CPSIA specifically refers to manufacturers, the definition of “manufacturer” under the Consumer Product Safety Act (15 U.S.C. 2052(a)(11) includes importers. Consequently, the proposed requirements would apply to all manufacturers and importers of durable infant or toddler products. The CPSC is interested in comments concerning which party, the importer or foreign manufacturer, should have the primary responsibility for the registration obligations mandated by the CPSIA.

In the NPR, the CPSC also provides significant detail on the CPSIA’s requirements, such as specifying that all registration forms be provided in English and that a means for electronic registration be provided.

The CPSC is requesting comments on all aspects of its proposal, and specifically seeks comments concerning: What products are included in the definition of durable infant or toddler products; whether the CPSC should prescribe the format of the registration cards or allow flexibility; the interplay between the permanent identification markings to be placed on the product and the tracking label requirement; the party best situated to conduct the registrations (as among the manufacturer, importer, private labeler and retailer); allowing the consumer to e-mail the registration information as an option; and the appropriateness of the proposed effective date.

Although the CPSC will be accepting comments on its NPR through September 14, 2009, it is expected to publish an interim final rule by August 14, 2009, as required by the CPSIA. The CPSC recognizes that this is unlikely to be a sufficient amount of time for manufacturers to put a registration program in place and is therefore proposing that a final rule become effective 180 days after its date of publication in the Federal Register.

For additional detail on how the NPR’s requirements might impact manufacturers and importers, or to submit comments on any part of the CPSC proposal, please contact a Barnes/Richardson attorney.