US CPSC Issues Notice of Proposed Rulemaking for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries

SG 22/23

US Consumer Product Safety Commission Issues Notice of Proposed Rulemaking 16 CFR 1263 (Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries).

On February 9, 2023, as mandated by Reese’s Law, the CPSC has published a Notice of Proposed Rulemaking (NPR) for a safety standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries (16 CFR 1263). The proposed rule aims to eliminate or reduce the risk of death or injury associated with ingestion of button cell or coin batteries by children six years of age or younger.

The proposed rule establishes performance requirements for child-resistant button cell or coin battery compartments on all consumer products that contain, or are designed to contain, such batteries to prevent child access to batteries during reasonably foreseeable use and misuse of the consumer product. Proposed requirement includes:

For removable batteries:

1. Button cell or coin battery must meet the accessibility test
2. Battery compartments must meet the pre-conditioning requirements and abuse tests
3. Battery compartment enclosures must be secured such that they require a tool or minimum of two independent and simultaneous hand movements to open the battery compartment

For non-removable batteries, button cell or coin battery must not be made accessible by:

1. Using a battery compartment meeting the performance requirements for removable batteries, or
2. Securing the button cell or coin battery using soldering, fasteners or equivalent means, that meet the secureness test

The proposed rule also establishes warning label requirements for packaging containing button cell or coin batteries, packaging of consumer products containing such batteries, consumer products, instructions and manuals accompanying consumer products, as well as point-of-sale performance and technical data pursuant to section 27(e) of the Consumer Product Safety Act.

The proposed rule defines:

• Button cell or coin battery:
1. A single cell battery with a diameter greater than the height of the battery, or
2. Any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard
• Consumer product containing button cell or coin batteries, means a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer, or are included with the product, or sold separately

Exempted from this proposed rule are:

• Toy products that are in compliance with the battery accessibility and labeling requirements of 16 CFR 1250 (Safety Standard Mandating ASTM F963 for Toys)
• Button cell or coin batteries that the Commission has determined do not present an ingestion risk, i.e., zinc-air button cell or coin batteries

The commission invites interested parties to submit their comments by March 13, 2023.

Notice of Proposed Rule 16 CFR 1263

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