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CPSC RIN: 3041-AE09 Publication ID: Fall 2024 
Title: Petition Requesting Rulemaking to Amend the Requirement for a "Keep Out of Reach" Icon on Button Cell or Coin Battery Packaging  
Abstract:

On November 1, 2023, the Commission received a petition requesting that the Commission initiate rulemaking to amend the button battery final rule under Reese’s Law to reduce the size of the Keep out of Reach icon that is required to be on the front panel of button and coin cell battery packaging when insufficient space exists for a full warning label. Alternatively, the petition seeks allowance of the words "Keep Away from Children" on the front of battery packaging. The Petitioner primarily alleges that the existing packaging formats cannot accommodate the required 20 mm icon, and small businesses cannot afford the new equipment required to allow a 20 mm icon. On December 28, 2023, the Petitioner submitted a letter addressing icon placement options and proposing Keep out of Reach icon sizes ranging from 7 to 40 mm based on packaging size. On January 24, 2024, the Commission published a Federal Register notice seeking comments on the petition. 89 FR 5438. The comment period ended on March 29, 2024. Staff is preparing a briefing package with a recommendation to the Commission whether to grant, defer, or deny the petition.

 
Agency: Consumer Product Safety Commission(CPSC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 16 CFR 1263   
Legal Authority: 15 U.S.C. 2056e   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Petition Docketed  01/10/2024 
Notice of Petition Published in Federal Register  01/29/2024  89 FR 5438   
Comment Period End  03/29/2024 
Staff Submit Briefing Package to Commission  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:
Daniel Taxier
Project Manager, Directorate for Engineering Sciences
Consumer Product Safety Commission
National Product Testing and Evaluation Center, 5 Research Place,
Rockville, MD 20850
Phone:301 987-2211
Email: dtaxier@cpsc.gov