Facts and Myths about the Mandatory Final Rule for Toddler Beds

1. The CPSC has published a final rule for Toddler Beds.

FACT

The CPSC voted to approve a new final rule for Toddler Beds which was published at page 22028 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011, which is designated 16 CFR 1217, et seq.

2. The final rule provides a six month effective date from the date of publication of this final rule in the Federal Register.

FACT

The rule establishes a consumer product safety standard only for toddler beds manufactured or imported on or after October 20, 2011.

3. Retailers will be unable to sell product that is not compliant once the final rule for Toddler Beds is published.

MYTH

As noted, the law allows for a six month period from the date the final rule is actually published in the Federal Register for the rule to become effective (effective date). The rule applies to Toddler beds manufactured or imported into the U.S. on or after October 20, 2011.

4. Retailers will be unable to sell product that is not tested to the mandatory standard on the date that the rule becomes effective.

MYTH

This differs from the recent crib regulation which required retailers to stop selling product that is not compliant with mandatory standards on the effective date. With Toddler Beds, as it was with Walkers and Bath Seats, product on store shelves can still be sold after the effective date, provided they were not manufactured or imported after October 20, 2011.

5. Manufacturers cannot distribute product that is not compliant with the final rule on the date the rule becomes effective

MYTH

Retailers will be able to sell off their inventory that is not compliant with the final rule for Toddler Beds after the effective date. Products can continue to be distributed and sold at retail but cannot be manufactured or imported on or after October 20, 2011.

6. Cribs that convert to Toddler Beds are exempt from the Crib Final Rule and can defer to the Toddler Bed rule.

MYTH

Many crib manufacturers make products that convert to Toddler Beds. The Toddler Bed final rule includes some exceptions for crib/toddler bed convertible products which would eliminate duplicate warnings on these types of products. However, it should be noted that the crib rule supersedes the toddler bed rule, meaning retailers can sell crib product up until the effective date.

The final rule for cribs was published in the Federal Register on December 28, 2010. It will not be effective until June 28, 2011. Once that effective date is reached, retailers will be unable to sell cribs, including those that convert to Toddler Beds, that are not compliant with the mandatory standard. Disclaimer: The information in this email represents the opinion of JPMA staff only and is provided for your information only. It should not be construed as legal advice or the opinion of the CPSC. Issues involving CPSIA compliance are evolving and subject to clarification and change by the Consumer Product Safety Commission.

This article was written by JPMA and can be viewed in its original format here.