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CPSC Issues Final Rules on Frame Child Carrier Safety Standards
Practical Law Legal Update 3-602-6525 (Approx. 5 pages)
CPSC Issues Final Rules on Frame Child Carrier Safety Standards
by Practical Law Commercial
| Published on 02 Mar 2015 • USA (National/Federal) |
The Consumer Product Safety Commission (CPSC) has issued a final rule under the Consumer Product Safety Improvement Act of 2008 (CPSIA), adopting a safety standard for frame child carriers developed, published and maintained by ASTM International (formerly known as the American Society for Testing and Materials).
On March 2, 2015, the Consumer Product Safety Commission (CPSC) issued a final rule that adopts mandatory safety standards for frame child carriers. This rule incorporates by reference the previously voluntary "ASTM F2549-14a," a safety standard that was developed and is published and maintained by ASTM International (formerly known as the American Society for Testing and Materials). (80 Fed. Reg. 11113 (March 2, 2015).)
This new rule defines a frame child carrier as "a product, normally of sewn fabric construction on a tubular metal or other frame, which is designed to carry a child in an upright position, on the back of the caregiver." These are products that are:
- Meant to be worn on the back and suspended from both shoulders of a caregiver's body in a forward- or rear-facing position.
- Often used for hiking and closely resemble hiking backpacks that are not intended to transport children.
The new rule provides clear criteria for passing and failing frame child carrier safety, with respect to:
- Sharp points.
- Small parts.
- Lead in paint.
- Flammability requirements.
- Scissoring, shearing and pinching.
- Openings.
- Exposed coil springs.
- Locking and latching (for carriers that fold for storage).
- Unintentional folding (for carriers with kick stands that can stand freely).
- Labeling.
- Protective components.
- Structural integrity.
- Leg openings (to help prevent smaller occupants from falling out of the carrier through a single leg opening).
- Dynamic strength (tests the frame, fasteners, seams and stitching under dynamic conditions to help prevent breakage or separation).
- Static load (ensures the carrier can hold three times the maximum recommended weight).
- Stability (for carriers that can stand freely).
- Restraints (requires that all carriers have a restraint system and also provides a method for testing the restraints).
- Handle integrity (helps prevent the handle from breaking or separating when it is pulled with three times the maximum recommended weight).
This rule becomes effective on September 2, 2016 and was issued pursuant to section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), under which the CPSC is required to:
- Examine and assess the effectiveness of voluntary consumer product safety standards for durable infant or toddler products.
- Promulgate standards for durable infant and toddler products that are:
- substantially the same as applicable voluntary standards; or
- more stringent if the CPSC concludes that they would further reduce the risk of injury associated with the product.
For an overview of consumer protection, see Practice Note, Consumer Protection: Overview. For information on product labeling requirements under CPSIA, see Practice Note, Product Labeling: Consumer Products.