CPSC Seeks Comments on Proposed Rule to Establish Safety Standard for Toys Containing Button Cell or Coin Cell Batteries

On August 13, 2024, the U.S. Consumer Product Safety Commission (the “Commission”) published a proposed rule to establish a safety standard for toys containing button cell or coin cell batteries. To address the risk of injury and death associated with children ingesting button cell or coin cell batteries obtained from toys, the proposed rule adds performance and labeling requirements for battery-operated toys containing such batteries.  Specifically, the proposed rule:

  • adds test requirements for captive fasteners;
  • sets minimum requirements for threaded fasteners, and sequential use and abuse testing (stress relief, battery replacement, impact, crush, torque, tension, compression, and compliance verification tests); and
  • updates marking and labeling requirements.

The Commission also proposes to amend its notice of requirements (NORs) list to include toys containing button cell or coin cell batteries.

The proposed rule would apply to all manufacturers, importers, and retailers of toys containing button cell or coin cell batteries.  The Commission has prepared an initial regulatory flexibility analysis for the rulemaking outlining the costs and impacts to small businesses. The analysis states the proposed rule will not have a significant economic impact on a substantial number of small businesses.

The Commission is requesting comments on the rule, and small businesses are encouraged to provide detailed information on the direct cost implications and whether any regulatory alternatives would minimize the impact on small entities.

Comments are due by October 15, 2024.

Advocacy contact: Send an email to Shanerika Flemings at shanerika.flemings@sba.gov.