Background

The Consumer Product Safety Commission is seeking public input by March 29 on a petition from a battery manufacturer requesting an amendment to the mandatory rule on button cell and coin battery packaging to allow for a smaller ‘‘Keep out of Reach’’ icon on the principal display panel for packages of such batteries.

The final rule for battery package labeling requires packages of button cell and coin batteries to contain on their principal display panel a warning label with text that complies with Reese’s Law as well as a ‘‘Keep out of Reach’’ icon at least eight millimeters in diameter. However, if space precludes displaying the full warning with the ‘‘Keep out of Reach’’ icon in accordance with the text formatting requirements the packaging is alternatively required to use the ‘‘Keep out of Reach’’ icon on the principal display panel and the warning text on the secondary display panel. In this instance, the icon must be at least 20 mm (0.79 inches) in diameter for visibility.

The petitioner is suggesting the adoption of a minimum icon size of 8 mm as well as a scaled icon depending on the size of the packaging up to a 20 mm icon. The petition alleges that existing packaging has been made child-resistant, but if a 20 mm icon is required on the front of the package manufacturers will collectively be required to spend millions of dollars on production of larger packages and different package configurations. The petition also questions why an additional ‘‘Keep out of Reach’’ icon is necessary on the front packaging when batteries 16 mm and larger already include the same icon on each battery, which is visible through the packaging.

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