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CPSC Issues Final Rule for the Safety Standard of Bedside Sleepers

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Co-SleeperThe CPSC issued a Final Rule for the Safety Standard of Bedside Sleepers on January 15, 2014 with an effective date of July 15, 2014. The rule incorporates the voluntary standard developed by ASTM International (formerly the American Society for Testing and Materials), ASTM F2906-13, “Standard Consumer Safety Specification for Bedside Sleepers” (ASTM F2906-13), by reference, and requires bedside sleepers to be tested to 16 CFR part 1218, the Safety Standard for Bassinets and Cradles (bassinet standard). ASTM F2906-13 defines “bedside sleeper” as “a rigid frame assembly that may be combined with a fabric or mesh assembly, or both, used to function as sides, ends, or floor or a combination thereof, and that is intended to provide a sleeping environment for infants and is secured to an adult bed.” A “multi-mode product” is “a unit that is designed and intended to be used in more than one mode (for example, a play yard, bassinet, changing table, hand held carrier, or bedside sleeper).” A bedside sleeper is intended to be secured to an adult bed to permit newborns and infants to sleep close by an adult without being in the adult bed. Bedside sleepers currently on the market have a horizontal sleep surface that typically is 1 inch to 4 inches below the level of the adult bed’s mattress. The side of the bedside sleeper that is adjacent to the adult bed can usually be adjusted to a lower position, a feature that differentiates bedside sleepers from bassinets, where all four sides of a bassinet are the same height. Current bedside sleepers range in size from about 35″ x 20″ to 40″ x 30.″ Bedside sleepers may have rigid sides, but they are most commonly constructed with a tube frame covered by mesh or fabric. Bedside sleepers are intended for use with children up to the developmental stage where they can push up on hands and knees (about 5 months). This is the same developmental range for the intended users of bassinets. Several manufacturers produce multiuse (or multimode) bedside sleeper products that can convert into bassinets and/or play yards. Most bedside sleeper products can be converted into a bassinet by raising the lowered side to create four equal-height sides, and a few also convert into both a bassinet and play yard. Some play yards include bedside sleeper accessories, which when attached, convert the play yard into a bedside sleeper; and some bassinets convert into bedside sleepers. All of the tube-framed products that CPSC staff has evaluated may be collapsed for storage and transport. A bedside sleeper that can be used in additional modes would need to meet each applicable standard. For example, a bedside sleeper that converts to a bassinet must meet the bedside sleeper standard and the bassinet standard. The CPSC has proposed to adopt by reference, ASTM International’s voluntary standard, ASTM F2906-12, Standard Consumer Safety Specification for Bedside Sleepers, with a few additions to strengthen the standard.

  • § 5.1Prior to or immediately after testing to this consumer safety specification, the bedside sleeper must be tested to 16 CFR part 1218. Multimode products must also be tested to each applicable standard. When testing to 16 CFR part 1218, the unit shall be freestanding, and not be secured to the test platform, as dictated elsewhere in this standard.
  • § 5.1.1The bassinet minimum side height shall be as required in 16 CFR part 1218, with the exception of a lowered side rail as permitted in § 5.4.Show citation box
  • § 7.1All bedside sleeper products shall comply with the marking and labeling requirements of 16 CFR part 1218.
  • § 8.1All bedside sleeper products shall comply with the instructional literature requirements of 16 CFR part 1218

Top CPSC Developments to Watch for in 2013

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cut_red_ribbon_pc_400_clrThe Fiscal Year (FY) 2013 Operating Budget for the Consumer Product Safety Commission (CPSC) has some items that are likely to make either the biggest or most news in the coming year. They are the CPSC’s compliance, import surveillance and hazard identification activity.

 

Compliance: Enforcement activities under the rulemaking of the Consumer Product Safety Improvement Act of 2008 (CPSIA) will be stepped up.  These compliance efforts will include; data analysis, investigations and assessing the level of compliance with new regulations.  The 2013 budget targets compliance and enforcement programs for;

 

  • CPSIA-mandated requirements for cribs, toddler beds, play yards, bed rails, strollers, and swings
  • Federal Hazardous Substances Act regulations for toys, bath seats, rattles, pacifiers and infant pillows

 

Import Surveillance:  With the passage of the CPSIA, the CPSC was directed to create an International Trade Data System/Risk Assessment Methodology (ITDS/RAM) to help identify products entering into the U.S. that have a high probability for violation of consumer product safety rules and regulations.  Based on this the CPSC launched a “proof-of-concept” pilot program that uses data collected at the port by U.S. Customs and Border Protection’s (CBP) International Trade Data System, and integrates the data with CPSC surveillance systems to analyze incoming imports.  Imports which are identified as “high risk” are targeted based on predetermined rule sets and stopped at the port for inspection.  In 2013, this pilot program is expected to expand to 15 major U.S. ports.  The CPSC has established four areas for measuring successes with the program;

  • Improve import surveillance targeting effectiveness
  • Facilitate legitimate trade
  • Improve working effectiveness with CBP to harness existing federal port resources in the interdiction of noncompliant consumer product imports
  • Protect U.S. intellectual property, consistent with the CPSC’s safety mission

The CPSC is expected to continue its collaboration with the CBP to implement national operations designed to optimize the federal government’s response to product’s that are imported into the U.S. that may put consumers at risk.

Another indication of this collaboration is the rewrite of 16 CFR 1110 which lays out the requirements for manufacturers/importers of record with regard to certificates of conformity (children’s and non-children’s products).  Currently there is not a requirement for children’s product importers to file a certificate with the CBP or CPSC prior to the product entering into the U.S.  The importer would only have to have the certificate “available upon request” to either the CBP or the CPSC.  The proposed change would require the importer to electronically file a children’s product certificate with the CBP prior to the product entering into the U.S. as part of their importation documents.

 

Hazard Identification:  In 2013, the CPSC will prepare draft final rules for the following products;

  • Bassinets
  • Bassinet attachments to play yards
  • Bedside sleepers
  • Handheld carriers
  • Soft infant carriers
  • Strollers

The CPSC will also prepare draft final rules for; rare earth magnet sets, mattresses and toy guns with caps.  In addition draft rules will be prepared for infant slings, infant inclined sleep products, revisions to the FHSA definition of “strong sensitizer” and a petition for crib bumpers will be evaluated.

 

Voluntary Standards:  The following voluntary standards are expected to have the most activity in 2013;

  • Baby monitors
  • Bassinets/cradles
  • Bath seats (infant)
  • Batteries
  • Bed rails
  • Bunk beds
  • Beds (toddler)
  • Bedside sleepers
  • Bicycles
  • Booster seats
  • High chairs
  • Youth chairs
  • Changing tables
  • Children’s metal jewelry
  • Full-size cribs
  • Non-full-size cribs/play yards
  • Infant bedding/accessories
  • Infant bouncers
  • Infant carriers (frame)
  • Infant carriers (handheld)
  • Infant carriers (soft)
  • Infant gates
  • Infant recline sleep products
  • Infant slings
  • Infant swings
  • Infant tubs
  • Infant walkers
  • Inflatable play devices
  • Phthalates
  • Playground equipment (for children under 2 years)
  • Playground equipment (home)
  • Strollers
  • Toys
  • Trampolines

Strategic Goals for Commitment to Prevention include;

Office

Performance Measurement

FY2013 Target
Hazard Number of Voluntary standards activities supported or monitored by CPSC Staff

69
Hazard Number of candidates for rulemaking prepared for Commission consideration

30
Compliance Number of establishment inspections conducted by Field Staff

1,000
Compliance Percentage of products screened by CPSC Field Staff resulting in violations

Baseline to be determined
Hazard Number of items/component parts tested for specific standards and regulations

36,000
Import Number of import examinations

13,000
Import Sample yield per 100 import entries

26
Import Establish a robust ITDS/RAM rule set to target intellectual property violations where a health and safety hazard is suspected in consumer product imports

To be determined
Compliance Total number of products screened by CPSC Staff

Baseline to be determined
Compliance Number of consumer products screened by CPSC Field Staff through Internet surveillance activities

Baseline to be determined
 

 

 


 

Additional Items:  The Commission has added the following items to the FY 2013 budget which is targeted at reducing the testing burden by manufacturers and/or importers of record for children’s products;

 

  • Determinations Regarding Heavy Metals – the Commission would like to undertake the process of determining if there are materials that would qualify for exemption to the heavy metals specification found in section 4.3.5 of ASTM F963-11.  The materials cannot be found to contain higher than allowed concentrations of the eight heavy metals.
  • Determinations Regarding Phthalates – the Commission would like to undertake the process of determining if there are materials that do not, and will not, contain prohibited phthalates, and would therefore be exempt from third party testing
  • Determination Regarding Adhesives in Manufactured Woods – the Commission would like to undertake the process of determining if there are any adhesives used in manufactured wood that can be determined not to contain lead in amounts above 100 ppm.

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