CPSC Issues Proposed Rule for Mandatory Safety Standard for Infant Swings
The Consumer Product Safety Commission has issued a proposed rule to establish a mandatory safety standard for infant swings. According to CPSC, the Consumer Product Safety Improvement Act of 2008 (CPSIA) requires it to promulgate consumer product safety standards for durable infant or toddler products, including infant swings, that are “substantially the same as” applicable voluntary standards or more stringent than the voluntary standard if the CPSC concludes that more stringent requirements would further reduce the risk of injury associated with the product.
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Written comments on the proposed rule are due by April 25, 2012.
Proposed Mandatory Standard Based on ASTM F 2088-11b
The proposed mandatory standard is based on the voluntary standard developed by ASTM International (formerly the American Society for Testing and Materials), ASTM F 2088--11b, "Standard Consumer Safety Specification for Infant Swings1" (ASTM F 2088--11b). The ASTM standard is copyrighted but can be viewed as a read-only document, only during the comment period for this proposal, at: http://www.astm.org/cpsc.htm, by permission of ASTM.
But CPSC's Proposed Mandatory Standard Would be Stricter
The CPSC is recommending that its mandatory standard for infant swings reflect several changes from ASTM F 2088-11b. CPSC would also clarify certain tests and methods. According to CPSC, the new requirements and clarifications would make CPSC's infant swing standard more stringent than the current voluntary standard and reduce the risk of injury associated with infant swings. The proposed changes would affect:
- Swing motor and batteries. The proposed rule would add a performance requirement and test method to address electrical overload in infant swing motors and batteries, as well as an accessible component temperature requirement and a requirement to ensure that swings that run on a/c power are safe.
- Seat deflection. It would also add a performance requirement and test method to address seat deflection.
- Mobiles. The proposed rule would modify the mobile test to account for mobiles that can be pulled in downward directions other than straight down vertically.
- Dynamic load test. It would also increase the number of test cycles used in the dynamic load test, from 50 cycles to 500 cycles.
- Clarify tests & methods. Finally, the proposal would clarify the test methods for the (i) dynamic load test, (ii) the stability test, (iii) the unintentional folding test, and the (iv) seat back angle measurement method.
Final Rule Would be Effective Six Months its Publication
To allow time for infant swings to come into compliance, CPSC intends for the mandatory standard to become effective 6 months after the publication of the final rule in the Federal Register. According to CPSC staff, the final rule would only affect items manufactured after the effective date of the final rule.*
Nonconforming Infants Swings Could not be Imported, Etc.
CPSC states that once there is a mandatory safety standard in effect for infant swings, it would be unlawful for anyone to manufacture, distribute, or import an infant swing into the United States that is not in conformity with this standard.
Third Party Testing and Certs to be Required Once Lab Requirements Issued
The CPSC's mandatory infant swing standard would be a "children’s product safety rule" as defined by the CPSIA, subject to third party testing and certification.
However, before the requirement for third party testing and certification for infant swings can go into effect, CPSC must issue a notice of requirements to explain how laboratories can become accredited as third party conformity assessment bodies to test infant swings to the new safety standard.
1ASTM F 2088--11b defines an "infant swing" as a stationary unit with a frame and powered mechanism that enables an infant to swing in a seated position. An infant swing is intended for use with infants from birth until a child is able to sit up unassisted. The voluntary standard also covers "cradle swings" (an infant swing which is intended for use by a child lying flat) and "travel swings" (a low profile, compact swing having a distance of 6 inches or less between the underside of the seat bottom and the support surface (floor) at any point in the seat’s range of motion).
(Manufacturers or importers of durable infant or toddler products, such as infant swings, are required to provide registration forms with their products, so that consumers can be notified directly if the product is the subject of a recall or safety alert. See ITT's Online Archives 09122915 for summary of final rule on this registration card requirement, and see 12020826 for summary of CPSC's draft final rule to simplify and clarify this registration card requirement.)
CPSC contact: Celestine Kiss at CKiss@cpsc.gov
*Information on the expected "non-retroactive" effective date of this rulemaking added to ITT summary on 02/14/12.