US CPSC Issues Notice of Proposed Rulemaking for Toys Containing Button Cell or Coin Cell Batteries

SafeGuardSToys and Juvenile ProductsAugust 14, 2024

SG 134/24

US Consumer Product Safety Commission (CPSC) has published a notice of proposed rulemaking to revise the existing consumer product safety rule for toys to add performance and labelling requirements for battery-operated toys containing button cell or cell batteries.

On August 13, 2024, the CPSC published a notice of proposed rulemaking (16 CFR 1250) to revise the existing safety standard for toys. The proposed rule will add performance and labeling requirements for battery-operated toys containing button cell or cell batteries to address the risk of death or injury associated with ingestion of these batteries by children.

In 2023, ASTM F963 was updated to improve the battery accessibility of toys that contain button cell or coin cell batteries by requiring such toys to undergo use and abuse testing. However, according to CPSC staff, ASTM F963-23 still does not address all the identified hazards and the requirements are not as stringent as the requirements for non-toy consumer products in 16 CFR 1263.

The proposed rule would add a new section in 16 CFR 1250 that will include the following requirements that are consistent with 16 CFR 1263 and IEC 62115 (Electronic Toys – Safety):

Captive fasteners requirement
Minimum battery compartment threaded attachment requirements
Sequential use and abuse test requirements
- Stress relief test
- Battery replacement test
- Drop test and tip over test
- Impact test
- Crush test
- Torque, tension and compression tests
- Compliance verification test
16 CFR 1263.3 packaging, markings, product markings and general instructions requirements

16 CFR 1112 is also proposed to be updated to include toys containing button cell or cell batteries in the CPSC’s list of notice of requirements (NORs).
CPSC is proposing an effective date of 180 days after publication of the final rule in the Federal Register. Interested parties are invited to submit their comments by October 15, 2024.

To learn more on the notice of Proposed Rule 16 CFR 1250 click here.

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