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CPSC Publishes Final Rules for Infant Sleepers within Federal Register

Jun. 24 2021

On June 23, 2021, the U.S. Consumer Product Safety Commission (CPSC) staff published within the Federal Register the final rules for Infant Sleep Products. The final rules will adopt the ASTM F3118-17a standard as mandatory with modifications and will become effective June 23, 2022. 

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 of Infant Sleep Products Final Rule
An infant sleep product is defined as a product marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, and that is not subject to any of the following:
• 16 CFR part 1218—Safety Standard for Bassinets and Cradles
• 16 CFR part 1219—Safety Standard for Full-Size Baby Cribs
• 16 CFR parts 1220 and 1221—Safety Standard for Non-Full-Size Baby Cribs and Play Yards
• 16 CFR part 1222—Safety Standard for Bedside Sleepers 

Some examples of infant sleepers may include, but not be limited to baby boxes, compact bassinets, in-bed sleepers, baby nests, pods, baby tents or travel bassinets. 

The final rules, designated as 16 CFR 1236 Safety Standard for Infant Sleep Products, will become effective June 23, 2022 and this will apply to infant sleepers sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States as of the effective date.  

Summary of Modifications to ASTM F3118-17a
• Added a requirement that an infant sleep product must meet 16 CFR 1218 including conforming to the definition of a bassinet/cradle
• Revised the introduction and scope of the ASTM F3118-17a to eliminate all references to incline sleep product and include information specific to infant sleep product
• Removed definitions that referenced incline sleep products 
• Included a comment in the scope that crib mattresses that meet the requirements of ASTM F2933 do not fall into the scope of 16 CFR 1236
• Revised the section with definitions to focus on infant sleep products
• Included a performance requirement and test method to evaluate the sleep surface angle of the infant sleep product
• Removed standard sections regarding performance, test methods, warnings and labeling, instructional literature and the appendix due to the infant sleeper must meet the requirements of 16 CFR 1218 

Additional Information 
To view the final rules for Infant Sleep Products:  https://www.govinfo.gov/content/pkg/FR-2021-06-23/pdf/2021-12723.pdf 

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