CPSC Proposes New Requirements for Toys Operated by Cell Batteries

The Consumer Product Safety Commission is proposing new performance and labeling requirements that aim to address the risks associated with children potentially ingesting a toy’s button cell or coin cell batteries. The agency will be accepting comments on the proposed regulation through Oct. 15.

The proposed regulations “would provide the highest level of safety feasible, and are consistent with the Commission’s recent Reese’s Law rulemaking and international standards for electronic toys,” CPSC said in an Aug. 13 Federal Register notice.

The battery-operated toys that could fall under this proposed regulation include light-up toys, talking dolls, remote-controlled vehicles, stuffed animals, science kits, musical toys, do-it-yourself light-up craft kits, electronic board games and learning tablets and games, according to the notice.

The proposed rule would require manufacturers and importers to certify, based on testing by an ISO-accredited, CPSC-accepted third-party conformity assessment body, that their toy complies with the requirements of the proposed rule, according to CPSC.

“Each certificate of compliance must identify the third-party conformity assessment body on whose testing the certificate depends. The certificate must be legible and in English and include the date and place of manufacture, the date and place where the product was tested, including the full mailing address and telephone number for each party, and the contact information for the person responsible for maintaining records of the test results,” CPSC said. “The certificates may be in electronic format and must be provided to each distributor or retailer of the product.” Importers also must be ready to provide the certificate to CBP or CPSC upon request.

CPSC is seeking public comment on whether the agency should add test requirements for captive fasteners and minimum requirements for threaded fasteners. It is also seeking comments on sequential use and abuse testing (stress relief, battery replacement, impact, crush, torque, tension, compression and compliance verification tests) and whether it should update marking and labeling requirements.

The additional requirements within this proposed rule are more stringent than the existing requirements in 16 CFR part 1250 to further reduce the risk of injury from these batteries and represent the highest level of safety feasible to address child ingestion of button cell or coin cell batteries from toys, according to CPSC. The additions also are intended to align the requirements for such toys with the requirements for consumer products subject to part 1250, which could promote design and manufacturing efficiencies, CPSC said.

CPSC had adopted in September 2023 a standard related to button cell or coin cell batteries used in consumer products, but that standard didn't apply to toys, according to the notice.