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CPSC RIN: 3041-AE06 Publication ID: Fall 2024 
Title: Revision to Toy Standard for Toys Containing Button Cell or Coin Batteries 
Abstract:

The Commission published a Final Rule in the Federal Register in September 2023, as required by Reese's Law, to establish performance and labeling requirements for consumer products containing button cell or coin batteries, and requirements for labeling of button cell or coin battery packages, to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children six years old and younger. Toys were exempt from the requirements stated in Reese’s Law. The 2024 operating plan directed staff to draft a notice of proposed rulemaking (NPRM) for toys using button or coin cell batteries. Section 106 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) mandates that ASTM F963, Standard Consumer Safety Specifications for Toy Safety , shall be a CPSC mandatory consumer product safety standard. 15 U.S.C. 2056b(a). Section 106(d) requires the Commission to assess the effectiveness of ASTM F963 and the adequacy of the standard to protect children from safety hazards associated with toys and, thereafter, promulgate consumer product safety rules that are more stringent than existing standards if the Commission determines that more stringent standards would further reduce the risk of injury associated with such toys. 15 U.S.C. 2056b(d). Pursuant to section 106(c), the Commission shall periodically review and revise standards issued under section 106 to ensure that such standards provide the highest level of safety for such products that is feasible. 15 U.S.C. 2056b(c). Under this authority, staff developed a proposed rule that is more stringent than the voluntary standard to ensure that the battery compartment requirements for toys provide the highest level of safety feasible, and are consistent with the requirements established in 16 CFR part 1263. Staff sent an NPRM to the Commission which was approved by the Commission and published on August 13, 2024. 89 FR 65791.

 
Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 16 CFR 1250.3   
Legal Authority: 5 U.S.C. 553(e)    15 U.S.C. 2056b   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Staff Submits NPRM Package to Commission  07/10/2024 
Commission Approved NPRM  07/22/2024 
NPRM Publishes in Federal Register  08/13/2024  89 FR 65791   
Staff Reviews Comments  12/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Benjamin Mordecai
Project Manager, Directorate for Laboratory Sciences
Consumer Product Safety Commission
National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2506
Email: bmordecai@cpsc.gov