New CPSC Toddler Bed Standard, Testing and Cert Take Effect Oct 20

CPSC has also issued a notice of requirements that provides the criteria and process for CPSC acceptance of accreditation of third party labs to test for compliance with the new toddler bed standard.

(The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires CPSC to issue consumer product safety standards for durable infant or toddler products. These standards are to be “substantially the same as” applicable voluntary standards or more stringent than the voluntary standard if CPSC concludes that more stringent requirements would further reduce the risk of injury associated with the product.)

Affects Toddler Beds Manufactured or Imported on/after Oct 20

The final rule will become effective on October 20, 2011, and apply to products manufactured or imported on or after that date.

Adopts ASTM F 1821-09 Standard with Certain Changes

The final rule adopts as a mandatory consumer product safety standard ASTM F 1821-09, Standard Consumer Safety Specification for Toddler Beds, but with the following changes to strengthen it:

• Higher guardrail height, etc. The final rule makes several modifications to the guardrail provisions of ASTM F 1821-09. It requires that the upper edge of the guardrail be at least 5 inches above the manufacturer’s recommended sleeping surface. It also clarifies that if the manufacturer does not specify a mattress thickness, the guardrail height must be based on a mattress thickness of 6 inches. In addition, the final rule changes the test methodology to make it more suitable for the geometry of a guardrail (as opposed to that of a portable bed rail) and improve repeatability of the test.

• Additional testing. The final rule requires testing 25% of spindles/slats at 80 pound-force and then another 25% of spindles/slats at 80 pound-force, if needed, with no more than 50% of the spindles/slats tested. (See rule for test details.) The final rule also specifies, as provided in CPSC’s crib standard, how to test toddler beds that may contain folding sides. (These are slight changes from the proposed rule meant to make the toddler bed standard more consistent with CPSC’s requirements for cribs.)

• Improved warning labels. The final rule requires that specified “improved” warnings addressing entrapment and strangulation appear on toddler beds. It also requires a specified warning concerning mattress size to address potential entrapment in gaps surrounding the mattress. In addition, the final rule requires toddler beds that convert from cribs to meet the warning requirements specified in the full-size crib standard, ASTM F 1169-10, instead of using the warnings specified in the toddler bed standard.

• Removes mattress retention provisions. The final rule removes provisions concerning mattress retention (in the ASTM standard, these are performance provisions in sections 6.1 through 6.1.2; test method provisions in sections 7.1.2 through 7.1.6; warning provision in section 8.4.4.2). CPSC states that the mattress retention provisions are no longer necessary because of other changes in the standard that better address entrapment protection, which was the purpose of the mattress retention provisions. (This is a change from the proposed rule.)

Includes Cribs that Convert Into Toddler Beds

The final rule adopts the ASTM voluntary standard’s definition of toddler bed which is defined as any bed sized to accommodate a full-size crib mattress having minimum dimensions of 51 inches in length and 27 ¼ inches in width and that is intended to provide free access and egress to a child not less than 15 months of age and weighing no more than 50 pounds. The standard includes cribs that can be converted into a toddler bed using a full-size crib mattress.

Toddler Beds Will Have to be Tested by Third-Party Lab, Certified as Complying

CPSC states that pursuant to the CPSIA, for toddler beds manufactured on or after October 20, 2011, a sufficient number of samples will have to be tested by a third party lab accredited by CPSC to test for compliance with the standard. Based on that testing, the toddler beds must also be certified as complying by the manufacturer (including the importer) or private labeler.¹

CPSC notes that toddler beds must also comply with all other applicable CPSC requirements for children’s products, such as the lead content limits, phthalate requirements, tracking label requirement, and the consumer registration form for durable infant and toddler products.

Also Issuing Rules for Labs to Be Accredited to Third-Party Test Toddler Beds

CPSC is simultaneously issuing a notice of requirements to explain how labs can become accredited as third party labs to test to the new toddler bed standard. It is substantially similar to all other lab notices CPSC has issued in that:

• baseline accreditation is needed to the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) Standard 17025:2005, “General Requirements for the Competence of Testing and Calibration Laboratories.”

• accreditation must be by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation-Mutual Recognition Arrangement (ILAC-MRA), and the scope of the accreditation must include testing for any of the test methods identified in the notice.

• it is recognizing limited circumstances in which it will accept certifications based on product testing conducted before the toddler bed standard becomes effective;

• it allows “firewalled” labs that are owned, managed, or controlled by a manufacturer or private labeler as well as labs owned or controlled by a government to become accredited as long as they meet additional requirements.

CPSIA State Preemption Rules Apply

CPSC also states that as the toddler bed final rule is a consumer product safety standard, the CPSIA provisions on preemption apply, such that no state may establish or continue in effect a requirement dealing with the same risk of injury unless that requirement is identical to the federal standard.

¹The CPSIA states that manufacturers (which includes importers) and private labelers (if the product bears a private label) must issue certificates of conformity for children’s products subject to consumer product safety rules, but CPSC has interpreted the certification requirement as affecting domestic manufacturers (in the case of domestic products) and importers (in the case of imported products). (See ITT’s Online Archives or 11/18/08 news, 08111805, for BP summary of a November 2008 CPSC final rule interpreting this requirement.)

(See ITT’s Online Archives or 04/15/11 news, 11041519, for BP summary of CPSC approving the new mandatory standard.

See ITT’s Online Archives or 04/28/10 news, 10042845, for BP summary of the proposed rule.)

CPSC lab notice of requirements, FR Pub 04/20/11, available here.

(FR Pub 04/20/11)