On Monday, June 29, CPSC published a Notice of Proposed Rulemaking (“NPR”) in the Federal Register, proposing and requesting comments on a rule requiring “manufacturers” (defined in the proposed rule to include “importers”) of “durable infant or toddler products” to (a) provide consumers with registration forms with each such product, (b) keep records of consumers’ contact information, and (c) permanently mark their products with identifying information. The NPR can be found here.
In addition to setting forth the statutory requirements of section 104(d) of the CPSIA, the proposed rule:
- specifies the required text and format for registration forms;
- specifies the required text for registration websites;
- specifies the content of the product and manufacturer’s contact information that must be permanently marked on the product, and requires the permanent marking to be “in a location that is conspicuous to the consumer;” and
- sets an effective date of 180 days after publication of a final rule and specifies that the requirements shall apply to durable infant or toddler products manufactured on or after that date.
The sample registration card included in the proposed rule is identical to the sample that the CPSC staff provided in its briefing package to the Commission on May 20.
The Commission requests comments by September 14 on all aspects of the proposed rule, and specifically on the following issues:
- what products are included in the definition of durable infant or toddler product;
- whether the Commission should prescribe the format of the registration cards or allow flexibility;
- the interplay between the permanent identification marking required to be placed on the product and the tracking label requirement;
- the party best situated to conduct the registrations (as among the manufacturer, importer, private labeler and retailer);
- the practical and economic impact of requiring an additional section on the registration form—one section for consumers to mail to the manufacturers and the other section for consumers to keep;
- allowing the consumer to e-mail registration information as an option;
- whether requirements on the ease of use and navigation of Web sites are necessary; and
- appropriateness of the proposed effective date.
