Notice of Proposed Rulemaking for Cradles and Bassinets

March 29, 2010

Section 104(b) of the Consumer Product Safety Improvement Act ("CPSIA") directs the Consumer Product Safety Commission ("CPSC") to issue safety standards for durable infant or toddler products. On March 10, 2010, the CPSC issued a Notice of Proposed Rulemaking ("NPR") proposing a rule for bassinets and cradles.

According to the NPR, a bassinet/cradle is a small bed designed exclusively to provide sleeping accommodations for infants supported by free standing legs, a wheeled base, a rocking base, or which can swing relative to a stationary base. Bassinet/cradle accessories for non-full size cribs or play yards fit the scope of this product category, as do co-sleeper bassinets that can be converted to a four-sided bassinet that does not attach to an adult bed. The scope of the standard also includes hammocks. 

The proposed amendments to ASTM F2104-07a include:

Any proposed standard that is adopted would be considered a consumer product safety rule to which products subject to the rule must be certified. Because bassinets and cradles are children's products, a third-party conformity assessment body accredited by the Commission must test them. The Commission would thus issue a notice of requirement to explain how laboratories can become accredited as a third-party conformity assessment body to test the new safety standards.

If you have any questions or would like to discuss either the Notice of Proposed Rulemaking for Bassinets and Cradles, or the current ASTM F2104-07a requirements, contact Carla De La Barra Helstrom, Douglas R. Dennis, or any other attorney in Frost Brown Todd's Products Liability Practice Group.