Products Liability Law Daily CPSC establishes safety standard for portable hook-on chairs
Monday, March 28, 2016

CPSC establishes safety standard for portable hook-on chairs

By John Dumoulin.

Responding to a requirement of the Danny Keysar Child Product Safety Notification Act, the Consumer Product Safety Commission (CPSC) has issued a final rule establishing a safety standard for portable hook-on chairs that incorporates by reference the voluntary standard ASTM F1235–15, Standard Consumer Safety Specification for Portable Hook-On Chairs, without modification. CPSC is also amending its regulations regarding third-party conformity assessment bodies to include the standard for hook-on chairs in the list of Notices of Requirements (NOR) issued by the agency. The final rule is effective September 28, 2016, and the incorporation by reference of ASTM F1235–15 also is approved by the Director of the Federal Register as of September 28, 2016 (CPSC Final Rule, 81 FR 17062, March 28, 2016).

The Danny Keysar Child Product Safety Notification Act, Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires CPSC to promulgate consumer product safety standards for durable infant or toddler products, which are durable products “intended for use, or that may be reasonably expected to be used, by children under the age of 5 years,” according to Section 104(f)(1) of the CPSIA. “Hook-on chairs” are specifically identified in Section 104(f)(2)(C) of the CPSIA as durable infant or toddler products.

Proposed rule. CPSC published a notice of proposed rulemaking (NPR) regarding the proposed safety standard in the Federal Register on July 2, 2015 (80 FR 38041). In the NPR, the agency proposed to incorporate by reference the most recent voluntary standard, developed by ASTM International, ASTM F1235–15,which was approved on May 1, 2015. According to the standard, a “portable hook-on chair” is “[u]sually a legless seat constructed to locate the occupant at a table in such a position and elevation so that the surface of the table can be used as the feeding surface for the occupant . . . [s]upported solely by the table on which it is mounted.” It goes on to specify the appropriate ages and weights for children using these products as “between the ages of six months and three years and who weigh no more than 37 lb (16.8 kg) (95th percentile male at three years).”

CPSC received two comments in response to the NPR, which are discussed in the agency’s final rule document.

Final rule. The new safety standard, which is codified at 16 CFR Part 1233 as “Safety Standard for Portable Hook-On Chairs,” provides that each portable hook-on chair must comply with all applicable provisions of ASTM F1235–15. In addition, the final rule amends the list of NORs issued by CPSC in 16 CFR Part 1112 to include the standard for hook-on chairs.

The Consumer Product Safety Act requires products subject to a consumer product safety rule to be certified as complying with all applicable CPSC-enforced requirements and also requires that certification of children’s products subject to a children’s product safety rule be based on testing conducted by a CPSC-accepted, third-party conformity assessment body.

CPSC promulgated 16 CFR Part 1112 to establish requirements for accreditation of third-party conformity assessment bodies (or testing laboratories) to test for conformity with a children’s product safety rule.

MainStory: TopStory ChildrensProductsNews BabyProductsNews

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