Getting Closer to Finalized Crib Standards – Start Getting Ready Now

After nearly two years of discussion and research, today, the Consumer Product Safety Commission (CPSC) published notice of proposed rule-making to officially adopt American Society for Testing and Materials (ASTM) standards for cribs (ASTM F 1169–10 and ASTM F 406–10), with a few modifications.  Currently, these standards are voluntary, but the CPSIA required the Commission to development mandatory rules.

Although the new rules have been preliminarily determined, it will be a while still before the process is complete.  Comments are open until October 6, 2010, after which there could be further discussion and revisions.  More revisions can lead to another proposal and comment period.  Once final rules are established, the CPSC proposes that they not become effective for six months in order to allow time for the market to adjust.

It may feel like there is a lot of time before we know what the exact rules will be, but more often than not, the final rules are vastly similar, if not identical, to proposed rules, so now is the time to get up to speed and begin making adjustments.

Once the standards are in effect, it will be unlawful to sell, lease or otherwise provide a crib for use that does not meet the standards.  In other words, the new standards will apply not only to manufactures, importers, distributors and retailers of cribs, but also to businesses that use cribs such as childcare facilities and hotels.  Both new and used cribs are included, so secondhand stores, and garage salers for that matter, are also unable to sell non-compliant cribs, whether or not they have been recalled.

As with many aspects of the CPSIA, good intentions have met with unintended consequences. At least one Commissioner, Anne Northup, has voiced strong concern over the potential that every crib in America will become obsolete and unsalable overnight, greatly impacting the secondhand market for cribs.  In the proposed rule, however, the CPSC suggests that nearly all crib makers have been following the standards voluntarily already.

Nevertheless, concerned secondhand stores are beginning to making changes.  Kid-to-Kid, an upscale resale shop for children’s items, announced in its newsletter today that they will no longer accept drop-side cribs and will be highly selective with regard to any stationary cribs.

The proposed modifications to ATSM standards, can be read here. Comments are due by October 6, 2010.  During the comment period, you can review the ASTM standards for free at http://www.astm.org/cpsc.htm.  It is not often that these standards are available without charge, so it would be wise to take advantage of the opportunity to review them now.

For those who are curious, here is a quick overview of the history of crib safety regulations:

1973: CPSC issues mandatory regulations for full-size cribs, which were amended in 1982.

1976: CPSC issues nearly identical regulations for non-full-size cribs, which were also amended in 1982.

1996: CPSC published an advance notice of proposed rulemaking (ANPR) that initiated a proceeding for the possible amendment of the crib regulations to address the risk of slats disengaging from cribs’ sides. After publication of the ANPR, the Commission staff worked with the ASTM to add provisions in its standard for full-size baby cribs, ASTM F 1169, to address this hazard.

2008:  The Consumer Product Safety Improvement Act (CPSIA) was enacted.  Section 104(b) of the CPSIA required the Commission to promulgate consumer product safety standards for durable infant or toddler products.  The standards were to be substantially similar to or more stringent than applicable voluntary standards.  Section 104(c) establishes that it will be against the law for anyone to sell, lease or provide for use any crib that does not meet the standards.

July 23, 2010:  CPSC proposes to revoke all previously established rules and replace with ATSM standards, with a few modifications.  The new rules address each of the following areas of concern:

• Drop-side hardware systems
• Non-drop-side hardware systems
• Mattress support issues
• Wood screws
• Assembly and instruction issues
• General requirements
• Slat integrity/wood quality
• Paint/finish
• Attachments
• Slat spacing
• Climb/fall out
• Mattress fit