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From Products Liability Law Daily, March 31, 2015

ASTM revisions to child-resistance closures on gas containers codified

By Pamela C. Maloney, J.D.

The child-resistance requirements for closures on portable gasoline containers has been codified to reflect ASTM’s 2015 revisions its rule governing child-resistance closures on these containers. Pursuant to federal law, the revisions were adopted automatically and incorporated into the statutorily-mandated standard, which the Consumer Product Safety Commission promulgated as direct file rule to eliminate potential confusion as to the applicable standard. The standard will take effect on April 12, 2015, unless the agency receives significant adverse comment by April 3 (CPSC Final Rule80 FR 16961, March 31, 2015).

Background. The Children’s Gasoline Burn Prevention Act (Public Law 110-278, 122 Stat. 2602) (CGBPA or the Act) adopted the child-resistance requirements for closures on portable gasoline containers as set forth in the 2005 version of ASTM rule F2517–05, Standard Specifications for Determination of Child Resistance of Portable Fuel Containers for Consumer Use, as a consumer product safety rule. On February 11, 2015, ASTM gave CPSC notice of revisions to ASTM F2517-05. The revised standard is designated F2517-15. Under CGBPA, these revisions will, by operation of law, be incorporated into the child-resistance requirements unless the Commission finds that the revisions do not carry out the purposes of the Act’s requirements.

Revised standard. The revised standard, ASTM F2517-15, contains:

  • testing procedures for assessing child-resistance and senior adult-use effectiveness for closures on portable gasoline containers;

  • a minimum required effectiveness rate of child-resistance and senior adult-use for closures on portable gasoline containers to establish compliance with the standard; and

  • a requirement that child-resistant containers and closures first meet the feasible and appropriate spill resistance requirements in CARB CP-501, TP-501, TP-502, and EPA regulation 40 CFR 59.623.

CPSC noted that because the scope of the consumer product safety rule is established by the CGBPA, this rule does not incorporate by reference the scope section of ASTM F2517-15 or Appendix X1, which relates to the scope section of ASTM F2517-15.

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