Background

The Consumer Product Safety Commission has issued a direct final rule updating the current mandatory safety standards for non-full-size baby cribs to incorporate by reference ASTM’s 2022 version of the voluntary standard (ASTM F406-22), with modifications that maintain the exclusion of requirements that apply solely to play yards. The updated standards will apply from June 3 unless the CPSC receives significant adverse comment by April 5, in which case it will withdraw the direct final rule before its effective date.

Section 104(b)(1)(B) of the Consumer Product Safety Improvement Act requires the CPSC to promulgate consumer product safety standards for durable infant or toddler products. These standards must be “substantially the same as” applicable voluntary standards or more stringent than those standards if the CPSC concludes that more stringent requirements would further reduce the risk of injury associated with the product. The CPSIA also sets forth a process for updating durable infant or toddler standards when the voluntary standard upon which the CPSC standard was based is changed.

The ASTM standard for non-full-size baby cribs includes performance requirements, test methods, and requirements for warning labels and instructional literature to address hazards to children associated with these products. ASTM F406-22 contains two substantive revisions that improve the safety of these products, namely a modification that addresses a strangulation hazard by clarifying the requirements and testing of cords and straps on these cribs and a modification that expands the scope of the voluntary standard to include products that are marketed for play, or sleep, or both.

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