The Consumer Product Safety Commission (CPSC) published a Notice of Proposed Rulemaking to make the safety standard for aquatic toys more stringent. The primary product targeted in the rule is neck floats which have been reported to pose a serious drowning risk to young children. The rule establishes several testing and performance requirements for these products to ensure the highest level of safety.
Conditioning
The rule would require producers of these products to subject them to conditioning procedures to ensure their durability. These include exposing the products to various temperatures, chlorine and salt water environments, and ultraviolet light.
Minimum standards
To safeguard against unintentional submergence and restraint system failure, the rule proposes additional minimum standards.
Buoyancy Requirements
The Commission is proposing to require that all neck floats demonstrate a minimum upward buoyancy equal to or greater than 30 percent of the expected weight capacity. Additionally, the rule would require that inherently buoyant neck floats to not lose more than 5 percent of their initial buoyancy after being submerged for a 24-hour period.
Restraint Systems
To reduce the likelihood of a restraint system failure on a neck float, which can result in a child slipping through the product, the new rule Commission proposes requirements for the release mode of the fastening mechanism, and overall mechanical integrity of restraint systems.
Marking, Labeling, and Instructional Requirements
In the notice, the CPSC noted that the existing safety messaging for neck floats has limited effectiveness for preventing the submersion hazard. The rule requires new on-product warnings that include:
- A description of the hazard;
- Information about the consequences of exposure to the hazard; and
- Instructions regarding appropriate hazard-avoidance behaviors
The rule also provides guidance on the content of the labeling and required instructional literature.
What Importers Should Do
The CPSC has opened a comment period for interested parties to weigh in on the proposed rule. Submissions are due January 21, 2025. Interested parties should make their voices heard by filing comments.
Additionally, the CPSC has warned against stockpiling imports of neck floats ahead of finalizing the rule. Firms are instructed to avoid importing noncompliant products in a given month at more than a rate of 105% of the base period. The base period is the average monthly manufacturing or import volume within the last 13 months of production that immediately precedes the month of promulgation of the final rule.
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