Section 104 of the Act requires the Commission to study and develop safety standards for infant and toddler products. Congress stated that the products the Commission must study include: full-size cribs and non full-size cribs; toddler beds; high chairs, booster chairs, hook on chairs; bath seats; gates and other enclosure for confining a child; play yards; stationary activity centers; infant carriers; strollers; walkers; swings; and bassinets and cradles. The Commission must either make the existing voluntary safety standards for these products mandatory or provide for a stricter safety standard. The Commission can prioritize its work on these products but must begin two rulemakings by August 14, 2009 and promulgate two more rules every six months until all products have a mandatory safety standard. Once the Commission has issued these safety standards, it will be illegal to manufacture, sell or import a product that violates the new safety standard which could result in either civil or criminal penalties.
Congress extended the scope of the mandatory crib standard to apply not just to cribs, portable cribs and play pens offered for sale or otherwise distributed in commerce but also to cribs offered for use in hotels, child care facilities, family child care homes and other places where cribs are offered for use or lease.
This section of the Act also requires the Commission to issue a final rule on August 14, 2009 requiring manufacturers of these same types of infant and toddler products to provide a postage prepaid registration card. This registration card will enable the manufacturer or retailer of the product to contact consumers with recall or other safety information.
Finally, this section of the Act requires that 2 years after the rule mandating product registration forms is promulgated the CPSC shall conduct regular reviews of recall notification technology to determine the effectiveness of such technology in facilitating recalls. Within three years of the effective date (August 14, 2011), the CPSC shall submit its first report on such technology assessments to Congress. If CPSC determines by rule that a recall technology is likely to be as effective or more effective in facilitating recalls as the registration forms required, it shall submit a report to Congress on the determination and allow a manufacturer to use such technology in lieu of the required registration form.
