Committee on Technical Barriers to Trade - Notification - United States - Button cell or coin batteries

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Consumer Product Safety Commission (CPSC) [1994]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [X], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Button cell or coin batteries; Quality (ICS code(s): 03.120); Domestic safety (ICS code(s): 13.120); Galvanic cells and batteries (ICS code(s): 29.220); Packaging and distribution of goods in general (ICS code(s): 55.020); Equipment for children (ICS code(s): 97.190); Toys (ICS code(s): 97.200.50)

5.

Title, number of pages and language(s) of the notified document: Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries; (36 page(s), in English)

6.

Description of content: Notice of proposed rulemaking - As required by Reese's Law, to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children 6 years old and younger, the U.S. Consumer Product Safety Commission (CPSC or Commission) proposes a rule to establish performance requirements for battery compartments on consumer products that contain, or are designed to use, one or more button cell or coin batteries. The proposed rule also requires warning labels on the packaging of button cell or coin batteries, as well as on the packaging, battery compartments, and accompanying instructions and manuals of consumer products containing button cell or coin batteries. In addition to implementing Reese's Law, the proposed rule requires manufacturers and importers of button cell or coin batteries, and consumer products containing such batteries, to notify consumers of performance and technical data related to the safety of such batteries at the point of sale, both online and in stores. If the rule is finalized, consumer products subject to the rule must be tested and certified as compliant with the rule.

7.

Objective and rationale, including the nature of urgent problems where applicable: Prevention of deceptive practices and consumer protection; Protection of human health or safety; Quality requirements

8.

Relevant documents:

88 Federal Register (FR) 8692, 9 February 2023; Title 16 Code of Federal Regulations (CFR) Parts 1112 and 1263:

https://www.govinfo.gov/content/pkg/FR-2023-02-09/html/2023-02356.htm

https://www.govinfo.gov/content/pkg/FR-2023-02-09/pdf/2023-02356.pdf

This notice of proposed rulemaking is identified by Docket Number CPSC-2023-0004. The Docket Folder is available from Regulations.gov at https://www.regulations.gov/docket/CPSC-2023-0004/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 13 March 2023. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 13 March 2023

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2023/TBT/USA/23_1028_00_e.pdf