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From Products Liability Law Daily, November 9, 2015

CPSC proposes safety standard for high chairs

By John Dumoulin

A safety standard for high chairs that would incorporate by reference ASTM F404–15, Standard Consumer Safety Specification for High Chairs (ASTM F404–15) into the new regulation, has been proposed by the Consumer Product Safety Commission (CPSC). The proposed rule also would impose more stringent requirements for rearward stability and warnings on labels and in instructional literature. CPSC is also proposing to amend its regulations to include the newly proposed high chair standard in the list of notices of requirements (NORs) issued by the agency. Comments are due by January 25, 2016 (CPSC Notice of Proposed Rulemaking, 80 FR 69144, November 9, 2015).

Background. The Danny Keysar Child Product Safety Notification Act, which is part of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires CPSC to examine and assess the effectiveness of voluntary consumer product safety standards for durable infant or toddler products and to promulgate consumer product safety standards for those products. Any standard CPSC adopts under this directive must be substantially the same as the applicable voluntary standard or more stringent than the voluntary standard if the agency determines that more stringent requirements would further reduce the risk of injury associated with the product. CPSC is proposing the safety standard for high chairs in response to this requirement of the CPSIA. The standard the agency is proposing is based on ASTM F404–15 with more stringent requirements for rearward stability and warnings in labels and instructional literature.

Proposed rule. The safety standard for high chairs, if adopted, would be added at 16 CFR Part 1231. The new part includes two sections: (1) Section 1231.1. Scope, which would provide simply that the part establishes a consumer product safety standard for high chairs; and (2) Section 1231.2. Requirements for high chairs, which would specify the requirements the chairs must meet under the safety standard. Section 1231.2(a) of the proposed rule would incorporate by reference ASTM F404–15.

Notice of requirements. CPSC published a final rule, codified at 16 CFR part 1112, titled, Requirements Pertaining to Third Party Conformity Assessment Bodies, which established requirements for accreditation of third party conformity assessment bodies to test for conformity with children’s product safety rules in accordance with the CPSA. Part 1112 also codifies all of the NORs the agency previously issued. NORs for new children’s product safety rules, such as the high chair standard, require the Commission to amend part 1112. To accomplish this, as part of this NPR, CPSC proposes to amend part 1112 to add high chairs to the list of children’s product safety rules for which CPSC has issued an NOR.

Effective date. To allow time for high chairs to come into compliance with the standard, the Commission proposes that the standard become effective six months after publication of the final rule in the Federal Register.

MainStory: TopStory BabyProductsNews ChildrensProductsNews

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