[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Proposed Rules]
[Pages 30983-30990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15242]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1130
Requirements for Consumer Registration of Durable Infant or
Toddler Products
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Section 104(d) of the Consumer Product Safety Improvement Act
of 2008 (``CPSIA'') requires the United States Consumer Product Safety
Commission (``Commission'') to promulgate a final consumer product
safety rule requiring each manufacturer of a durable infant or toddler
product to: Provide with each product a postage-paid consumer
registration form; keep records of consumers who register such products
with the manufacturer; and permanently place the manufacturer name and
contact information, model name and number, and the date of manufacture
on each such product. The Commission is proposing requirements that
would fulfill this statutory direction.
DATES: Written comments must be received by September 14, 2009.
ADDRESSES: Submit your comments at http://www.regulations.gov. Follow
the on-line instructions for submitting comments. All comments will be
posted as received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Patricia M. Pollitzer, Office of the
General Counsel, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; telephone (301) 504-7634.
SUPPLEMENTARY INFORMATION:
A. Background
1. The CPSIA
The Consumer Product Safety Improvement Act of 2008 (``CPSIA'',
Pub. L. 110-314) was enacted on August 14, 2008. Section 104(d) of the
CPSIA requires the U.S. Consumer Product Safety Commission
(``Commission'') to promulgate a final consumer product safety rule no
later than August 14, 2009 that requires manufacturers of durable
infant or toddler products to: (1) Provide with each product a postage-
paid consumer registration form; (2) keep records of consumers who
register such products with the manufacturer; and (3) permanently place
the manufacturer name and contact information, model name and number,
and the date of manufacture on each such product. The authority for
this registration program is section 16(b) of the Consumer Product
Safety Act (``CPSA''), which authorizes the Commission to issue a rule
requiring manufacturers obtain and maintain records as necessary to
implement the CPSA. 15 U.S.C. 2065(b).
Section 104(d)(2) of the CPSIA sets out certain requirements for
registration forms and allows the Commission to prescribe the exact
text and format for the registration form. Section 104(d)(3) of the
CPSIA specifies recordkeeping and notification requirements. The
Commission is issuing this notice of proposed rulemaking (``NPR'') that
would set out the requirements stated in the CPSIA and specify the text
and format for the required registration forms.
The CPSIA directs the Commission to assess the registration
requirements in the future. Section 104(d)(4) of the CPSIA requires the
Commission to conduct a study no later than four years from enactment
of the CPSIA on the effectiveness of the consumer registration forms
required by the CPSIA and whether to expand registration to other
children's products. The Commission is to report its findings to
appropriate Congressional committees. Section 104(e) of the CPSIA
further requires that the Commission, beginning two years after the
Commission has issued a rule implementing the registration requirement,
regularly review recall notification technology and assess the
effectiveness of such technology. In addition, within three years of
the CPSIA's enactment, and periodically thereafter, the Commission must
transmit a report to appropriate Congressional committees on its
assessment of such technology. If, based on that assessment, the
Commission determines by rule that a recall notification technology is
likely to be as effective or more effective facilitating recalls of
durable infant and toddler products, the Commission, pursuant to
section 104(e)(2) of the CPSIA, shall submit a report on that
determination to appropriate Congressional committees and shall permit
its use in lieu of registration forms.
2. Previous Activities Regarding Product Registration
Before the CPSIA's enactment, the Commission staff studied the
possibility of requiring registration for some consumer products. In
2001, the Commission considered issuing an advance notice of proposed
rulemaking (``ANPR'') concerning the possibility of requiring
manufacturers to create and maintain a system for identifying
purchasers of certain consumer products in order to notify consumers in
the event of a recall. See http://www.cpsc.gov/library/foia/foia01/brief/purchase.pdf. The draft ANPR prepared by the staff discussed the
possibility that direct consumer notification could increase the
effectiveness of recalls. The draft ANPR also discussed characteristics
of product registration cards that might increase the likelihood that
consumers would return them. Among the characteristics noted were: a
standardized format, minimal information on the form, no marketing or
personal information, a clear statement that the purpose of the form is
for safety recalls, pre-addressed and postage paid forms, a design that
draws attention to the form, pre-printed product and model
identification information, ample space for the consumer to provide
name and address, and attachment of the form to the product. Many of
these characteristics are required explicitly in section 104(d) of the
CPSIA.
In developing the proposed rule, the staff drew from its experience
with the 2001 draft ANPR and subsequent activities considering how to
improve recall effectiveness. The Commission also has held numerous
public meetings discussing various aspects of recall effectiveness,
including product registration. See http://www.cpsc.gov/businfo/rem_sum1.pdf, http://www.cpsc.gov/businfo/rem_sum2.pdf,
[[Page 30984]]
http://www.cpsc.gov/businfo/rem_sum3.pdf.
The Commission and staff are aware of, and this proposal has been
informed by, the car seat registration program administered by the
National Highway Traffic Safety Administration (``NHTSA''). Federal
Motor Vehicle Safety Standard No. 213 requires manufacturers of child
restraint systems for automobile use to provide a specified
registration form with each seat and keep records of these registrants
for use in the event of a safety recall of the product. 49 CFR 571.213
S5.8. The Commission's proposed registration form has several
similarities to the NHTSA registration form for child restraint
systems. When issuing its registration requirement, NHTSA noted that
standardizing the text and layout of the registration form increases
the likelihood that a purchaser will register the product. 57 FR 41428
(Sep. 10, 1992). A contractor conducted focus groups to evaluate
registration forms for child restraint systems. NHTSA noted that
participants in the focus groups indicated ``they would be most likely
to return a pre-addressed, postage-prepaid card with an uncluttered
graphic design that clearly and succinctly communicates the benefits of
recall registration, differentiates itself from a warranty registration
card, and requires minimal time and effort on the participant's part.''
Id. The Commission believes that these characteristics are also
appropriate for registration forms for durable infant and toddler
products.
B. Description of the Proposed Rule
The proposed rule would create a new 16 CFR part 1130 to establish
requirements that manufacturers (including importers) of durable infant
or toddler products must follow to enable consumers to register these
products so that the consumer can be notified directly if the product
is the subject of a recall or safety alert.
1. Scope and Definitions--Proposed Sec. Sec. 1130.1 & 1130.2
Proposed Sec. 1130.1 would explain that part 1130 prescribes
requirements for consumer registration of durable infant or toddler
products. The proposed requirements would apply to manufacturers
(including importers) of durable infant or toddler products. Although
section 104(d) of the CPSIA refers only to manufacturers of durable
infant and toddler products, the definition of ``manufacturer'' in the
Consumer Product Safety Act includes an importer. 15 U.S.C.
2052(a)(11). Consequently, proposed Sec. 1130.1(b) would explain that
the requirements apply to manufacturers, ``including importers,'' of
durable infant or toddler products. Given that ``importer'' is included
in the definition of ``manufacturer,'' the Commission is interested in
comments concerning which party, the importer or a manufacturer (which
might also include a foreign manufacturer), should have the primary
responsibility for the registration obligations mandated by section 104
of the CPSIA and why. The Commission would also like comments on the
practical and economic consequences of any decision as to whether the
manufacturer or importer should assume the registration obligations,
such as the logistics of an importer inserting a registration card when
a product is manufactured overseas or, similarly, the logistics of a
foreign manufacturer maintaining a database of registration card
information received from consumers in the United States.
However, neither the CPSIA nor the proposed regulation requires the
retailer of a durable infant or toddler product to establish or
maintain a registration program. The Commission recognizes that, in
some instances, a retailer may be the direct importer of a product and/
or may be the only contact in the United States. In such circumstances,
it may be most effective for the retailer to collect registration
information and notify the consumer in the event of a recall or safety
alert. While the Commission is not proposing to require retailers of
durable infant and toddler products to conduct a registration program,
it is considering whether any final rule based on this proposal should
expressly allow other parties, such as retailers, distributors or
private labelers, to establish and maintain a registration program. The
Commission is interested in comments on whether and how it might allow
a private labeler or retailer to assume the responsibility to establish
and maintain a registration program, particularly when a product is
produced by a foreign manufacturer and imported into the United States.
Proposed Sec. 1130.2 would state that the definitions in section 3
of the CPSA apply.
Proposed Sec. 1130.2(a) would define ``durable infant or toddler
product'' in a manner similar to section 104(f) of the CPSIA. The
proposed definition would include products that combine multiple
functions. The CPSIA provides a broad definition of the term durable
infant or toddler product--``a durable product intended for use, or
that may be reasonably expected to be used, by children under the age
of 5 years''--and then lists twelve specific examples each of which is
defined more specifically with reference to the applicable voluntary
standard for such products. Products that are not explicitly listed may
still be durable infant or toddler products under the definition and
may fall within the registration requirement.
The CPSIA does not define ``durable,'' but Webster's dictionary
defines ``durable goods'' as ``goods usable for a relatively long
time.'' In the economic or financial context, durable goods are
generally considered to be ones that have a useful life of three or
more years. The Bureau of Economic Analysis, in the Department of
Commerce, defines ``durable goods'' as ``Tangible products that can be
stored or inventoried and that have an average life of at least three
years'' (see Bureau of Economic Analysis, Department of Commerce,
Glossary definition of ``durable goods,'' accessed on the Internet at
http://www.bea.gov/glossary/glossary.cfm?letter=D on May 20, 2009). The
economic opposite term of durable goods is nondurable goods, a category
that includes such items as food, clothing, drugs and services. These
definitions give some guidance on what would be a durable infant or
toddler product. Thus, clothing, blankets, and such textile products
would not be considered durable infant or toddler products.
Additional guidance comes from considering the product examples in
the statute and the ASTM voluntary standard subcommittees that cover
such items. The product list in the statute, though not exclusive,
illustrates the types of products covered. Likewise, other products
involved in the ASTM voluntary standards committee activity reflect the
type of products considered by Commission staff to be durable infant
products which include: Children's folding chairs, changing tables,
bouncers, infant bath tubs, bed rails and infant slings. Thus, while a
changing table is not listed, it is similar to other nursery products,
such as cribs and cradles, which are listed, and it is under the same
ASTM subcommittee (F15.18) as cribs, toddler beds, play yards,
bassinets and cradles. Bed rails are not listed, but they are similar
to ``gates and other enclosures for confining a child,'' an enumerated
category. Some other types of products, such as sports equipment,
playground equipment, or toys would not appropriately be considered
durable infant or toddler products. These are broad categories of
products that are not like the nursery-type of products specified in
the examples.
[[Page 30985]]
The statutory definition leaves uncertainty about which products
would be considered durable infant or toddler products. Many products
may last three or more years, but that does not necessarily mean that
Congress intended them to be considered durable infant or toddler
products under this section. An infant sling is not specifically listed
and might be considered a textile product. However, it could be
considered a type of infant carrier, a category that is listed as a
durable infant or toddler product. The Commission is interested in
comments on whether the final rule should contain a definitive listing
of products requiring registration cards or any other comments that
could help to clarify which products are covered by the registration
card requirement when the final rule is published.
As discussed above, infant carriers that are used as car seats are
already subject to registration requirements issued by NHTSA that are
similar to the proposed CPSC registration requirements. The Commission
proposes to exempt from this rulemaking car seats that are subject to
NHTSA registration requirements.
Proposed Sec. 1130.2(b) and (c) would define ``product recall''
and ``safety alert'' respectively.
2. General Requirements--Proposed Sec. 1130.3
Proposed Sec. 1130.3 would establish general requirements for
consumer registration. In brief, proposed Sec. 1130.2(a) would require
each manufacturer of a durable infant or toddler product to provide
consumers with a postage paid consumer registration form with each
product; maintain a record of the contact information of consumers who
register their products with the manufacturer; and permanently place
the manufacturer's name and contact information, model name and number,
and the date of manufacture on each durable infant or toddler product.
Proposed Sec. 1130.2(a) thus would correspond with the statutory
requirements at section 104(d)(1) of the CPSIA.
Proposed Sec. 1130.2(b) would prohibit the manufacturer from using
or disseminating the consumer information collected pursuant to these
requirements to any other party for any purpose other than notification
of the consumer in the event of a product recall or safety alert. This
would be consistent with section 104(d)(3) of the CPSIA.
3. Manufacturer and Product Identification on the Product--Proposed
Sec. 1130.4
Section 104(d)(1)(c) of the CPSIA requires the manufacturer to
permanently place the manufacturer's name and contact information,
model name and number, and the date of manufacture on each durable
infant or toddler product. Proposed Sec. 1130.4 would repeat this
statutory requirement and would further specify that the required
information must be in English, legible, and in a location on the
product that is conspicuous to the consumer.
Another section of the CPSIA, section 103, requires that, beginning
August 14, 2009, all children's products must have tracking labels
providing certain identifying information (the manufacturer or private
labeler, location and date of production and cohort information)
permanently placed on the product. The requirements for tracking labels
in section 103 differ from the product identification that section 104
requires for durable infant or toddler products. This raises the
question of how a durable infant or toddler product could satisfy these
requirements, i.e. does the more specific section 104 identification of
the manufacturer on the product obviate the need for the same
identification of the manufacturer as part of the section 103 tracking
label. The Commission seeks comments on the interplay between the
labeling requirements of these two sections given that their
requirements differ. Several commenters on the tracking label provision
raised the concern that requiring identification of the manufacturer on
a tracking label could result in the disclosure of what they considered
confidential business information. The Commission requests comments on
whether the issue of confidentiality is a concern for the product
identification requirement in section 104 of the CPSIA.
4. Requirements for Registration Forms--Proposed Sec. 1130.5
Proposed Sec. 1130.5 would establish the requirements for the
registration forms themselves. In brief, proposed Sec. 1130.5 would
require registration forms to:
Comply with specified text and format requirements;
State all information in English;
Be attached to the surface of each durable infant or
toddler product so that the consumer must notice and handle the form
after purchasing the product;
Include the manufacturer's name, model name and number for
the product and the date of manufacture;
Include an option to register using the Internet; and
Include a statement that information the consumer provides
will only be used to facilitate a recall or safety alert.
With the exception of requiring compliance with particular text and
format specifications and requiring that information be in English, the
proposed requirements for registration forms are explicitly directed by
section 104(d)(2) of the CPSIA. Section 104(d)(2) of the CPSIA also
gives the Commission the option of prescribing the text and format for
the registration form. The Commission believes that specifying uniform
text and format will increase the likelihood that consumers will notice
the forms and complete them.
The Commission also believes that it is appropriate to specify that
the form be in the English language. This would clarify the language to
be used for registration forms when a product is foreign-made. It also
would add to the uniformity of the registration forms, increasing the
effectiveness of the forms by increasing the likelihood that consumers
would notice the forms and associate them with registrations for the
purpose of recalls.
5. Format Requirements--Proposed Sec. 1130.6
Proposed Sec. 1130.6 would prescribe the registration form's size
and layout. The top portion of the form would be retained by the
consumer. It would provide the purpose statement and the manufacturer's
contact information.
The lower part of the form, which would be returned to the
manufacturer, would be the size of a standard post card, 6 inches wide
by 4\1/4\ inches high. It would have blocks for the consumer to provide
his/her contact information and have pre-printed product information on
one side of the card and the manufacturer's name and mailing address
pre-printed on the other side.
Proposed Sec. 1130.6 also would require that the registration form
use Arial Black typeface and that the size of the type be at least 12-
point for the purpose statement and no less than 10-point for all other
information on the form. Typically, 12-point font size is preferred for
instructions and long passages. Arial typeface is a commonly used sans
serif typeface that presents a bold and sharp letter.
The Commission is proposing to prescribe the formatting for the
registration forms. However, another approach would be to allow
manufacturers to determine their own formatting. The Commission
requests comments on these two approaches.
[[Page 30986]]
6. Text Requirements--Proposed Sec. 1130.7
Proposed Sec. 1130.7 would prescribe the registration form's text.
It would require the following statement about the purpose of the
registration:
PRODUCT REGISTRATION FOR SAFETY ALERT OR RECALL. We will use the
information provided on this card to contact you only if there is a
safety alert or recall for this product. We will not sell, rent, or
share your personal information. To register your product, please
complete and mail back this card or visit our online registration at
www.WEBSITE NAME.com.
This statement is consistent with sections 104(d)(2)(E) and
104(d)(2)(G) of the CPSIA requiring that the form ``include a message
explaining the purpose of the registration and designed to encourage
consumers to complete the registration'' and also that it ``include a
statement that information provided by the consumer shall not be used
for any purpose other than to facilitate a recall of or safety alert
regarding that product.'' The staff believes that having a uniform
message will increase the likelihood that consumers will recognize the
form and respond to it. Additionally, based on its experience examining
recall effectiveness, the staff believes that a personal appeal to the
consumer will increase the likelihood that a consumer will register the
product.
Proposed Sec. 1130.7(b) would require that the top of the
registration form state the manufacturer's name and contact
information, Web site address, product model name and number and
manufacture date of the product. This part of the form would be
retained by the consumer. The consumer would have the manufacturer's
contact information and information identifying the product if needed
to contact the manufacturer about any safety-related issues concerning
the product. This aspect of the proposed rule goes beyond the explicit
requirements of the CPSIA which only requires that the form include the
manufacturer's name, model name and number for the product and its date
of manufacture. However, the proposed information would complement the
requirement in section 104(d)(1)(C) of the CPSIA which requires
manufacturers of a durable infant or toddler product to ``permanently
place the manufacturer name and contact information, model name and
number, and the date of manufacture on each durable infant or toddler
product.'' This will enable consumers to easily locate the information
they need to contact the manufacturer. The Commission is interested in
comments on whether a consumer would save and refer to the registration
card stub rather than look for the contact information on the product
itself, particularly for larger and more expensive products such as
cribs. The Commission also asks for comments on the practicality of
pre-printing a two part registration form--one section for consumers to
send back to the manufacturer and the added requirement for another
section for consumers to tear off and keep. The Commission is
interested in comments on the practical and economic effect of this
requirement.
Proposed Sec. 1130.7 also would require blocks for the consumer to
provide his/her name, mailing address, telephone number, and e-mail
address. Section 104(d)(2)(B) of the CPSIA requires that the form
``include space sufficiently large to permit easy, legible recording of
all desired information.'' The staff reviewed research regarding
legible print for reading, and considered uses such as warnings and
passport applications. Based on this review, the proposed rule would
require that blocks for consumer information be 5 mm wide and 7 mm
high. The number of blocks that would be required for the consumer's
information is based on the size of the blocks and the size of the
postcard.
The proposed rule would require pre-printed product information. As
noted above, section 104(d)(2(D) of the CPSIA requires that the form
provide the manufacturer's name, model name and number of the product,
and the date of manufacture. This information will enable the
manufacturer to match the consumer with the product purchased in the
event that the product is the subject of a recall or safety alert. The
proposed rule would require a rectangular box around the model name,
model number, and manufacture date to draw the consumer's attention to
the information. The manufacturer could print this information directly
on the form or apply a pre-printed label that provides the required
information.
7. Requirements for Internet Registration--Proposed Sec. 1130.8
Consistent with section 104(d)(2)(F) of the CPSIA, the proposed
rule would require that the consumer have the option of registering the
product through the Internet. This could be accomplished by
registration through the manufacturer's Web site. However, some
companies, particularly smaller ones, may not have a Web site. Rather
than the Commission mandating that all companies that sell durable
infant and toddler products create and maintain a Web site, such
companies could satisfy the statutory requirement by allowing consumers
to send their registration information by e-mail. In such case a
sentence would need to be added to the registration card indicating
that registration could be made by sending an e-mail to the
manufacturer. The Commission seeks comments on this approach.
Proposed Sec. 1130.8 would require the same purpose statement
(described earlier in part B.6 of this preamble (see the discussion of
proposed Sec. 1130.7)) on the Web site registration page as on the
registration form. It would restrict the registration page to only
requesting the consumer's name, address, telephone number, e-mail
address, product name and number and the date of manufacture. The
Commission seeks comments on whether there is a need to restrict
navigation to other pages or Web sites.
The Commission notes that on-line registration could be designed in
a manner that could further increase the effectiveness of product
registrations. The on-line registration could be set up to allow
consumers to notify the manufacturer of a change of address for
products the consumer has previously registered. Such a system could
allow sorting by customer name, address, product and model so that a
consumer could change his/her address without re-entering other
information. The proposed rule would not require such a system, but
neither would it prevent manufacturers from designing their on-line
registration systems in such a manner.
The Commission intends to encourage innovation in the use of the
Internet for product registration and solicits comments on how to make
the registration Web site easier for consumers to use and navigate. For
example, Web sites could minimize the number of times consumers must
enter information, could provide for registration at the time an item
is purchased online, or take other approaches that would streamline
registration.
8. Recordkeeping and Notification--Proposed Sec. 1130.9
Consistent with section 104(d)(1)(B) of the CPSIA, proposed Sec.
1130.9 would require that each manufacturer of a durable infant or
toddler product maintain a record of registrants for each product
manufactured that includes all of the information provided by the
consumer. The manufacturer would be required to use the information
provided to notify the registrant if the product is the subject of a
recall or
[[Page 30987]]
safety alert. The proposed rule would require that the manufacturer
maintain a record of the registration information for no less than 6
years after the date of manufacture of the product.
C. Request for Comments
The Commission requests comments on all aspects of this proposal,
and specifically seeks comments concerning: 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.
D. Effective Date
The Administrative Procedure Act (``APA'') generally requires that
the effective date of a rule be at least 30 days after publication of
the final rule. Id. 553(d). This is unlikely to be sufficient time for
manufacturers to put a registration program in place. Thus, the
Commission proposes that a final rule would become effective 180 days
after its date of publication in the Federal Register.
E. Regulatory Flexibility Certification
The Regulatory Flexibility Act (``RFA'') generally requires that
agencies review proposed rules for their potential economic impact on
small entities, including small businesses. However, section 104(d)(1)
of the CPSIA removes this requirement for promulgating the rule
implementing the CPSIA's consumer registration provision. Consequently
no certification is necessary.
F. Paperwork Reduction Act
Section 104(d)(1) of the CPSIA also excludes this rulemaking from
requirements of the Paperwork Reduction Act, 44 U.S.C. sections 3501
through 3520. Consequently, no Paperwork Reduction Act analysis is
necessary.
G. Environmental Considerations
The Commission's regulations provide a categorical exemption for
the Commission's rules from any requirement to prepare an environmental
assessment or an environmental impact statement as they ``have little
or no potential for affecting the human environment.'' 16 CFR
1021.5(c)(2). This proposed rule falls within the categorical
exemption.
List of Subjects in 16 CFR 1130
Administrative practice and procedure, Business and industry,
Consumer protection, Reporting and recordkeeping requirements.
Therefore, the Commission proposes to amend Title 16 of the Code of
Federal Regulations by adding part 1130 to read as follows:
PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT
OR TODDLER PRODUCTS
Sec.
1130.1 Purpose, scope, and effective date.
1130.2 Definitions.
1130.3 General requirements.
1130.4 Identification on the product.
1130.5 Requirements for registration form.
1130.6 Requirements for format of registration form.
1130.7 Requirements for text of registration form.
1130.8 Requirements for Internet registration.
1130.9 Recordkeeping and notification requirements.
Authority: 15 U.S.C. 2056a, 2065(b).
Sec. 1130.1 Purpose, scope, and effective date.
(a) Purpose. This part prescribes a consumer product safety rule
establishing requirements for consumer registration of durable infant
or toddler products. These requirements are intended to improve the
effectiveness of recalls of, and safety alerts regarding, such
products.
(b) Scope. Part 1130 applies to manufacturers, including importers,
of durable infant or toddler products, as defined in Sec. 1130.2(a).
It does not apply to infant or child carriers intended for use in
automobiles that are covered by the registration program of the
National Highway Traffic and Safety Administration at 49 CFR 571.213.
(c) Effective date. The requirements of this part 1130 shall become
effective on [180 days after publication of a final rule] and shall
apply to durable infant or toddler products manufactured on or after
that date.
Sec. 1130.2 Definitions.
In addition to the definitions given in section 3 of the Consumer
Product Safety Act (15 U.S.C. 2052), the following definitions apply:
(a) Durable infant or toddler product means a durable product
intended for use, or that may be reasonably expected to be used, by
children under the age of 5 years; and includes, but is not limited to,
individual and combinations of:
(1) Full-size cribs and non-full-size cribs;
(2) Toddler beds;
(3) High chairs, booster seats, and hook-on chairs;
(4) Bath seats;
(5) Gates and other enclosures for confining a child;
(6) Play yards;
(7) Stationary activity centers;
(8) Infant carriers;
(9) Strollers;
(10) Walkers;
(11) Swings; and
(12) Bassinets and cradles.
(b) Product recall means action taken pursuant to sections 12,
15(c) or 15(d) of the CPSA (15 U.S.C. 2061,2054(c), or 2064(d)), and
action taken pursuant to a corrective action plan implemented by a
company in cooperation with the Commission, where the firm is
conducting one or more of the following: repair of the product;
replacement of the product; or refund of the purchase price of the
product.
(c) Safety alert means notice or warning of a potential problem
with an individual or class of products so that consumers and other
users of the affected products respond accordingly to reduce or
eliminate the potential for injury.
Sec. 1130.3 General requirements.
(a) Each manufacturer of a durable infant or toddler product shall:
(1) Provide consumers with a postage-paid consumer registration
form that meets the requirements of this part 1130 with each such
product;
(2) Maintain a record in accordance with the requirements set forth
in Sec. 1130.9 of the contact information (names, addresses, e-mail
addresses, and telephone numbers) of consumers who register their
products with the manufacturer under this part 1130;
(3) Permanently place the manufacturer name and contact
information, model name and number, and the date of manufacture on each
durable infant or toddler product in accordance with the requirements
set forth in Sec. 1130.4.
(b) Consumer information collected by a manufacturer pursuant to
the requirements of this part 1130 shall not
[[Page 30988]]
be used by the manufacturer, nor disseminated by the manufacturer to
any other party, for any purpose other than notification to such
consumer in the event of a product recall or safety alert.
Sec. 1130.4 Identification on the product.
(a) Each durable infant or toddler product shall be permanently
marked with the manufacturer name, and contact information (U.S.
address and telephone number, toll free if available) model name and
number, and date of manufacture.
(b) The information required by this section shall be in English,
legible, and in a location that is conspicuous to the consumer.
Sec. 1130.5 Requirements for registration forms.
The registration form required under Sec. 1130.3(a)(1) shall:
(a) Comply with the format and text requirements set forth in
Sec. Sec. 1130.6 and 1130.7 as shown in figures 1 and 2 of this part;
(b) State all information required by this part 1130 in the English
language;
(c) Be attached to the surface of each durable infant or toddler
product so that, as a practical matter, the consumer must notice and
handle the form after purchasing the product;
(d) Include the manufacturer's name, model name and number for the
product, and the date of manufacture;
(e) Include an option for consumers to register through the
Internet;
(f) Include the statement required in Sec. 1130.7(a) that
information provided by the consumer shall not be used for any purpose
other than to facilitate a recall of or safety alert regarding that
product.
Sec. 1130.6 Requirements for format of registration forms.
(a) Size of form. The form shall be the size of a standard post
card, 6 inches wide by 4\1/4\ inches high.
(b) Layout of form. (1) General. The form shall consist of four
parts: top and bottom, divided by perforations for easy separation, and
front and back.
(2) Top of form. The top portion of the form is to be retained by
the consumer. The front top portion shall provide the purpose statement
set forth in Sec. 1130.7(a). The back of the top portion shall provide
the manufacturer's contact information as required in Sec. 1130.7(b).
(3) Bottom of form. The bottom portion of the form is to be
returned to the manufacturer. The bottom front panel shall have blocks
for the consumer to provide his/her contact information as required in
Sec. 1130.7(c). Below the consumer contact information shall be
product information as required in Sec. 1130.7(d) which may be printed
on the form or provided on a pre-printed label placed on the form by
the manufacturer. The back of the bottom portion of the form shall be
pre-addressed with the manufacturer's name and mailing address where
registration information is to be collected.
(c) Font size and typeface. The registration form shall use Arial
Black typeface. The size of the type shall be at least 12-point for the
purpose statement required in Sec. 1130.7(a) and no less than 10-point
for the other information in the registration form.
Sec. 1130.7 Requirements for text of registration form.
(a) Purpose statement. The front top portion of each form shall
state: ``PRODUCT REGISTRATION FOR SAFETY ALERT OR RECALL. We will use
the information provided on this card to contact you only if there is a
safety alert or recall for this product. We will not sell, rent, or
share your personal information. To register your product, please
complete and mail back this card or visit our online registration at
www.WEBSITE NAME.com.''
(b) Manufacturer and product information. The back of the top
portion of the form shall state the manufacturer's name and contact
information (a U.S. mailing address, a telephone number, toll free if
available), Web site address, product model name and number, and
manufacture date of the product.
(c) Consumer information. The bottom front portion of the form
shall have blocks for the consumer to provide his/her name, address,
telephone number, and e-mail address. These blocks shall be 5 mm wide
and 7 mm high. There shall be at least 23 blocks on each of two lines
for name and mailing address. At least 15 blocks shall be provided for
the city, 2 blocks for the State and 5 blocks for the zip code or
postal code. There shall be 10 blocks for the telephone number with a
dash provided after the place for the area code and between the third
and fourth blocks for the rest of the number, and at least 29 blocks
for the e-mail address.
(d) Product information. The following product information shall be
provided on the back of the bottom portion of the form below the blocks
for customer information printed directly on the form or on a pre-
printed label that is applied to the form: the manufacturer's name, the
model name and number, and the date of manufacture of the product. A
rectangular box shall be placed around the model name, model number and
manufacture date.
Sec. 1130.8 Requirements for Web site registration.
(a) Link to registration page. The manufacturer's Web site, or
other Web site established for the purpose of registration under this
part 1130, shall be designed with a link clearly identified on the main
Web page that goes directly to ``Product Registration.''
(b) Purpose statement. The registration page shall have the
following statement at the top of the page: ``PRODUCT REGISTRATION FOR
SAFETY ALERT OR RECALL ONLY. We will use the information provided on
this page only to contact you if there is a safety alert or recall for
this product. We will not sell, rent, or share your personal
information. If you register on this Web site you do not need to fill
out the card that came with your product.''
(c) Content of registration page. The Web site registration page
shall request only the consumer's name, address, telephone number, e-
mail address, product model name and number, and the date of
manufacture. The consumer's telephone number and e-mail address shall
not be required for the consumer to submit the registration form.
Sec. 1130.9 Recordkeeping and notification requirements.
(a) Each manufacturer of a durable infant or toddler product shall
maintain a record of registrants for each product manufactured that
includes all of the information provided by each consumer registered.
(b) Each manufacturer of a durable infant or toddler product shall
use the information provided by the registrant to notify the registrant
in the event of a voluntary or involuntary recall of, or safety alert
regarding, such product.
(c) Each manufacturer of a durable infant or toddler product shall
maintain a record of the information provided by the registrant for a
period of not less than 6 years after the date of manufacture of the
product.
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Dated: June 23, 2009.
Todd Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-15242 Filed 6-26-09; 8:45 am]
BILLING CODE 6355-01-C