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CPSC Publishes Final Rules for Gates and Enclosures within Federal Register

Jul. 8 2020

On July 6, 2020, the U.S. Consumer Product Safety Commission (CPSC) staff published within the Federal Register the final rules for Gates and Enclosures. The final rules will adopt the ASTM F1004-19 standard as mandatory with modifications and will become effective July 6, 2021.

Background of CPSIA
Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. 

Summary 
An expansion gate is defined as a barrier intended to be erected in an opening, such as a doorway, to prevent the passage of young children, but which can be removed by older persons who are able to operate the locking mechanism.

An expandable enclosure is defined as self-supporting barrier intended to completely surround an area or play-space within which a young child may be confined.

The final rules, designated as 16 CFR 1239 Safety Standard for Gates and Enclosures, will require each gate and enclosure that is manufactured or imported on or after July 6, 2021, to comply with the requirements of ASTM F1004-19 with the summarized modifications listed below. 

Summary of Modifications 
• Added a revised definition for “conspicuous” that is used for labeling
• Added definitions, requirements and a rationale for a visual side-pressure indicator
• Made a clarification in the language for the test setup for the gate push out test 
• Made a minor clarification to the note in the standard that discusses addressed verbiage 
• Provides additional detailed information for wall cup mounting hardware statement

Additional Information 
To view the final rules for Gates and Enclosures:  https://www.govinfo.gov/content/pkg/FR-2020-07-06/pdf/2020-12561.pdf

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