CPSC Proposes New Crib Standards, Drop-Sides Would be Essentially Eliminated
The Consumer Product Safety Commission has issued a proposed rule to establish new mandatory consumer product safety standards for full-size and non-full-size1 baby cribs as required by the Consumer Product Safety Improvement Act of 2008 (CPSIA).2
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CPSC has also issued a proposed rule to revoke its existing regulations pertaining to full-size and non-full-size cribs and a notice withdrawing a previous advance notice of proposed rulemaking on cribs. Comments on the proposed rules are due by October 6, 2010.
Full-Size Crib Standard Would be Substantially Same as ASTM F 1169-10
For full-size cribs, the proposed rule would adopt as mandatory the voluntary standard ASTM F 1169-10 Standard Consumer Safety Specification for Full-Size Baby Cribs, with one modification. The modification would require cribs to be tested without the re-tightening of screws between tests in order to ensure that the tests reflect the lifetime use of the crib.
Non-Full-Size Crib Standard Would be Substantially Same as ASTM F 406-10
For non-full-size cribs, the proposed rule would adopt as mandatory the voluntary standard, ASTM F 406-10 - Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards, with four modifications and two editorial changes.
The modifications include: (i) adding the mattress support system cyclic impact test which currently applies to full-size cribs; (ii) adding the side-impact test which currently applies to full-size cribs; (iii) adding movable side latch tests; and (iv) changing the order in which performance tests are to be done.
The editorial changes include: (i) limiting the mandatory standard to non-full size cribs only, even though the ASTM standard also includes play yards3; and (ii) placing the recordkeeping requirements in the “general requirements” section of the standard.
Drop-Sides Would be Essentially Eliminated, Fold-Down Sides Allowed
CPSC explains that the ASTM standards were revised significantly in 2009 and 2010, with the most recent revision occurring on June 1, 2010. Like the recent revisions, the proposed rule would limit movable sides so that traditional drop sides (in which the front side of the crib can be raised and lowered) would be essentially eliminated, but designs that use a hinged, fold-down joint would be allowed. (See ITT’s Online Archives or 06/25/10 news, 10062540, for BP summary of CPSC announcing recalls of more than 2 million cribs to address drop-side hazards.)
New Crib Standards Would Apply Broadly and Retroactively
The new crib standards would apply to anyone who manufactures, distributes or contracts to sell a crib; to child care facilities, and others holding themselves out to be knowledgeable about cribs; to anyone who leases, sublets or otherwise places a crib in the stream of commerce; and to owners and operators of places of public accommodation affecting commerce.
Effective 6 months after publication. The proposed standards would take effect six months after publication of the final rule.
Retroactive. Once the standards are in effect, it would be unlawful to sell, lease or otherwise provide a crib for use that does not meet the standards. This means that any cribs sold from inventory or from store shelves that were manufactured before the effective date would also have to comply. CPSC often refers to this type of regulation as being “retroactive.”
Would affect used cribs. As required by the CPSIA, the proposed rule’s standards would cover used as well as new cribs. CPSC notes that the CPSIA treats cribs differently than any other durable infant or toddler products in this regard.
CPSC Hopes to Issue Final Rule in 2010
CPSC has stated several times that it hopes to issue its final rule establishing new mandatory crib standards before the end of 2010.
Cribs Have Been Subject to Frequent Recalls, Commission Action
Since 2007, CPSC has issued 40 recalls of over 11 million cribs. All but 7 of these recalls were for product defects that created a substantial product hazard, and not for violations of the federal crib regulations. In addition to working on proposed standards to address these hazards, CPSC has also been actively investigating and working with industry on crib safety and has instituted a “Safe Sleep” initiative. (See ITT’s Online Archives or 06/25/10, 02/19/10, and 01/29/10 news, 10062540, 10021910, and 10012920 for BP summaries.)
1Full-size cribs have specific interior dimensions (28 ± inches (71 ± 1.6 centimeters) in width by 52 ± inches (133 ± 1.6 centimeters) in length). Non-full-size cribs are either smaller or larger than full-size cribs.
2The CPSIA directs CPSC to issue mandatory safety standards for durable infant or toddler products, such as cribs, that are substantially the same as or more stringent than the applicable voluntary standard or current mandatory standard.
3CPSC intends to issue separate standards for play yards.
(See ITT’s Online Archives or 07/16/10 news, 10071547, for BP summary of Commissioner statements on the proposed rule.)
(FR Pub 07/23/10, D/N CPSC-2010-0075)
CPSC press release available here.
Commissioner Statements available here.