CPSC Establishes New Standard for Infant Walkers, Issues Lab Requirements, Etc.

The third notice establishes the accreditation requirements that labs must meet to become accredited to test infant walkers for compliance with the new standard. This notice also triggers the Consumer Product Safety Improvement Act of 2008 (CPSIA) third-party testing and certification requirements for infant walkers.

Final Rule Establishing New Safety Standard

As required by the CPSIA¹, the first CPSC final rule creates a new 16 CFR Part 1216 in order to establish a mandatory standard for infant walkers.

Effective for Manufactures/Imports on or after Dec 21, 2010

The rule will become effective on December 21, 2010 and apply to infant walkers manufactured or imported on or after that date.

ASTM Infant Walker Standard Will be Mandatory, with Certain Changes

The final rule incorporates by reference the requirements for infant walkers in ASTM F 977-07, “Standard Consumer Safety Specification for Infant Walkers,” but with certain modifications to strengthen the standard. These modifications include (partial list):

Revises step test procedures. Regarding step test procedures, the final rule: (i) specifies the position for walker wheels; (ii) adds a calculation using the actual weight of the walker to determine the launching distance rather than assuming an 8-pound walker; (iii) requires each aspect of the test (forward, sideward, and rearward) be performed three times to make it consistent with the European baby walker standard (EN 1273:2005); (iv) specifies the position for the CAMI dummy; and (v) specifies rope type, pulley type, and force to be applied.

Adds parking brake test. The parking brake test of the European baby walker standard is added for walkers with parking brakes.

Adds/revises 2 warnings. The final rule also revises the stair hazard warning to state: “Block stairs/steps securely before using walker, even when using parking brake.” It also adds the following warning concerning the parking brake if a walker has a parking brake: “WARNING: Parking brake use does not totally prevent walker movement. Always keep child in view when in the walker, even when using the parking brakes.”

Final Rule Revoking Current Infant Walker Regulations

CPSC has also issued a final rule, effective December 21, 2010 revoking its existing regulations on baby-walkers because those regulations are being replaced by the above final rule which establishes a new and more comprehensive safety standard for these products.

(Note that CPSC sometimes refers to its current regulations on baby walkers as a ban on certain baby walkers because CPSC’s regulations at 16 CFR 1500.18(a)(6) and 1500.86(a)(4) ban any “baby-bouncer,” “walker-jumper,” “baby-walker,” and “any other similar article” that does not meet specified safety criteria.)

Lab Accreditation Requirements Triggering Stayed 3rd Party Testing/Certification

Finally, CPSC is issuing a notice of requirements that provides the criteria and process for CPSC accreditation of third party labs to test infant walkers for conformity with the new mandatory standard. Issuing these lab accreditation requirements triggers the CPSIA third-party testing and certification requirements, whose enforcement had been stayed by CPSC.²

Comments are due July 21, 2010.

3rd-Party Testing/Certification Required for Manufactures on/after Dec 21, 2010

The CPSIA requires CPSC to issue third-party lab accreditation requirements for children’s product safety rules. It also requires products subject to these rules which are manufactured 90 days after publication of the accreditation requirements to be tested by a CPSC-accredited third-party lab and certified as having met those requirements.

However, in this case, CPSC is delaying the third-party testing and certification requirements to coincide with the effective date of the final rule establishing a new standard for infant walkers. Therefore, third-party testing by a CPSC-recognized lab and certification by the domestic manufacturer (in the case of domestic products) or importer (in the case of imports)³ will only be required for infant walkers manufactured on or after December 21, 2010.

(See notice for details of the accreditation requirements which are substantially similar to previously issued CPSC accreditation requirements, including that labs be ILAC-MRA accredited, meet certain ISO standards, etc.)

¹The CPSIA requires CPSC to issue mandatory safety standards for various durable infant and toddler products that are substantially the same as or more stringent than the applicable voluntary standard.

²In February 2009, CPSC stayed enforcement for one year of the CPSIA testing and certification requirements for many products, including infant walkers. In December 2009, the agency revised the terms of the stay by lifting it for some CPSC regulations and extending it for others. Infant walkers fell under the category of products for which the stay would stay in place until further notice by CPSC. (See ITT’s Online Archives or 02/02/09 and 12/29/09 news, 09020205 and 09122920, for BP summaries of CPSC’s February 2009 stay of enforcement and its December 2009 revision of it.)

³The CPSIA states that manufacturers (which includes importers) and private labelers must issue Children’s Product Certificates based on testing by a third-party lab, but CPSC has interpreted the requirements as affecting domestic manufacturers (in the case of domestic products) and importers (in the case of imported products).

(See ITT’s Online Archives or 09/03/09 news, 09090320, for BP summary of the proposed rule.)

(FR Pub 06/21/10, D/N CPSC-2009-0066)

CPSC notice on a proposed information collection for infant walkers available here.

CPSC Commissioner statements on the infant walker standard available here.