PART 1243—SAFETY STANDARD FOR INFANT SUPPORT CUSHIONS Authority: 15 U.S.C. 2056a. Source: 89 FR 87487, Nov. 4, 2024, unless otherwise noted. § 1243.1 Scope, purpose, application, and exemptions. (a) Scope and purpose. infant support cushions, infant positioners, infant loungers, infant support cushions (b) Application. (c) Exemptions. § 1243.2 Definitions. Conspicuous Infant lounger Infant positioner Infant support cushion Occupant support surface (OSS) Seat bight line Sidewall § 1243.3 General requirements. (a) Hazardous sharp edges or points. (b) Small parts. (c) Lead in paints. (d) Toys. (e) Removal of components. (f) Permanency of labeling and warnings. (2) Warning statements applied directly onto the surface of the product by hot stamping, heat transfer, printing, wood burning, or any other method shall be permanent when tested in accordance with § 1243.5(b)(4). (3) Non-paper labels shall not liberate small parts when tested in accordance with § 1243.5(b)(5). (4) Warning labels that are attached to the fabric of the product with seams shall remain in contact with the fabric around the entire perimeter of the label when the product is in all manufacturer-recommended use positions and when tested in accordance with § 1243.5(b)(3). (g) Convertible products. § 1243.4 Performance requirements. (a) Restraint. (b) Seam strength. (c) Bounded openings. (d) Maximum incline angle. (e) Firmness Occupant support surface firmness. Figure 1 to paragraph (e)(1)—3-inch Head Probe (2) Sidewall firmness. (3) Firmness at intersection of sidewall and occupant support surface. (f) Sidewall angle. § 1243.5 Test methods. (a) Test conditions. (b) Permanence of labels and warnings. (2) A non-paper label (excluding labels attached by a seam) shall be considered permanent if, during an attempt to remove it without the aid of tools or solvents, it cannot be removed or such action damages the surface to which it is attached. (3) A warning label attached by a seam shall be considered permanent if it does not detach when subjected to a 15-lbs (67-N) pull force applied in any direction using a 3/4 (4) Adhesion test for warnings applied directly onto the surface of the product. (i) Apply the tape test defined in Test Method B, Cross-Cut Tape Test of ASTM D3359 (incorporated by reference, see § 1243.8), eliminating parallel cuts. (ii) Perform this test once in each different location where warnings are applied. (iii) The warning statements will be considered permanent if the printing in the area tested is still legible and attached after being subjected to this test. (5) A non-paper label, during an attempt to remove it without the aid of tools or solvents, shall not be removed or shall not fit entirely within the small parts cylinder defined in 16 CFR part 1501 if it can be removed. (c) Head entrapment test. Figure 1 to paragraph (c)—Small Head Probe Figure 2 to paragraph (c)—Large Head Probe (d) Maximum incline test. (i) Digital protractor with accuracy ±1 degree; (ii) Hinged weight gauge—newborn, requirements for part masses and assembly (figure 3 to this paragraph (d)(1)(ii)); Figure 3 to paragraph (d)(1)(ii)—Hinged Weight Gauge—Newborn, Requirements for Part Masses and Assembly (iii) Hinged weight gauge-newborn, requirements for part dimensions (figure 4 to this paragraph (d)(1)(iii)); and Figure 4 to paragraph (d)(1)(iii)—Hinged Weight Gauge—Newborn, Requirements for Part Dimensions (iv) A test base that is horizontal, flat, firm, and smooth. (2) If applicable, place the product in the manufacturer's recommended highest seat back angle position intended for lounging. (3) If applicable, place the hinged weight gauge—newborn in the product and position the gauge with the hinge centered over the seat bight line and the upper plate of the gauge back. Place a digital protractor on the upper torso/head area lengthwise and measure the incline angle. (4) Place the head/torso portion of the newborn hinged weight gauge on the product according to the manufacturer's recommended use position with the seat portion of the gauge, depending on the product design, allowed to lay freely on the product or on the test base (figure 5 to this paragraph (d)(4)). Figure 5 to paragraph (d)(4)—Test Fixture Configuration to Measure Incline Angle on an Infant Support Cushion Product (5) Move and rotate the newborn hinged weight gauge the minimum amount necessary such that the head/torso portion rests on an OSS that could foreseeably support an infant's head, and place the head/torso portion of the gauge according to all situations that apply: (i) In tests on products with an OSS for the infant's body, align the top edge of the head/torso portion of the gauge to coincide with a plumb line to the outermost edge of the OSS-head. (ii) In all tests, place the seat portion of the gauge on the test base, adjust the newborn gauge to the greatest incline angle in which the top edge of the gauge maintains contact with the top surface of the product. (6) If a product's seating bight area prevents reasonable positioning of the head/torso portion to the outermost edge, then position the seat portion of the newborn hinged weight gauge as far forward as possible towards the outermost edge and allow the head/torso portion of the gauge to rest on the product. (7) Place a digital protractor lengthwise on the head/torso portion of the gauge and measure the incline angle. (8) Measure the incline angle at the manufacturer's recommended use location(s), at feasible locations such as perpendicular to the recommended use location(s), and at least one location likely to fail in which the newborn gauge seat is supported on the test surface. (9) Determine the maximum incline angle from the incline angle measurements. (e) Firmness test setup. (i) Force gauge with accuracy ± 0.05 N (0.01 lbs). (ii) Distance gauge with accuracy ± 0.01 inches (0.03 cm). (2) Align the axis of the 3-inch head probe (figure 1 to paragraph (e)(1) of § 1243.4) with a force gauge and parallel to a distance measurement device or gauge. (3) Use a lead screw or similar device to control movement along a single direction. (4) Support the firmness fixture to a test base such that the head probe does not deflect more than 0.01 inches (0.025 cm) under a 10.0 N (2.24 lbs) load applied in each orientation required in the test methods. (f) Occupant support surface firmness test method. See (1) Orient the axis of the 3-inch head probe perpendicular to the surface of the product at each test location that is oriented greater than five degrees relative to the test base or align the axis of the probe perpendicular to the test base (vertically) at each test location that is oriented equal to or less than five degrees to the test base. (2) The first test location shall be at the location of maximum thickness of the surface being tested, perpendicular to the test base. (3) Lay the product, with the occupant support surface facing up, on a test base that is horizontal, flat, firm, and smooth. (4) Prevent movement of the product in a manner that does not affect the force or deflection measurement of the product surface under test. Provide no additional support beneath the product. (5) Advance the probe into the product and set the deflection to 0.0 inches when a force of 0.1 N (0.02 lbs) force is reached. (6) Continue to advance the head probe into the product at a rate not to exceed 0.1 inch per second and pause when the force exceeds 10.0 N (2.24 lbs), or the deflection is equal to 1.00 inches (2.54 cm). (7) Wait 30 seconds. If the deflection is less than 1.00 inches and the force is 10.0 N or less, repeat the steps in paragraphs (f)(6) and (7) of this section. (8) Record the final force and deflection when the deflection has reached 1.00 inches or when the force has exceeded 10.0 N. (9) If the maximum thickness of the OSS is greater than 1.0 inches (2.54 cm), perform additional tests, space permitting, at the geometric center of the OSS, at four locations along the product's longitudinal and lateral axes therefrom, 1.5 inches (3.8 cm) towards center from the intersection of the sidewall and OSS, and at one location most likely to fail. (10) Repeat the occupant support surface firmness tests on any other occupant support surface and in all intended and feasible configurations that could affect an occupant support surface, such as the folding or layering of parts of the product. Figure 6 to paragraph (f)—Test Configuration for Occupant Support Surface Firmness Test (g) Sidewall firmness test method. (1) Perform a minimum of four additional tests, located at intervals not to exceed 6 inches along the entire top perimeter of the sidewall, starting from the maximum side height location, and at one additional location most likely to fail. (2) Repeat the sidewall firmness test in all the intended or feasible configurations that could affect the sidewall firmness, such as the folding or layering of parts of the product. (h) Intersection of sidewall and occupant support surface firmness. (1) Orient the axis of the 3-inch head probe perpendicular to the sidewall perimeter at an angle from horizontal that bisects the angle determined in sidewall angle determination with the axis directed at the intersection of the occupant support surface and the sidewall. (2) The first test location shall be at the location of maximum product thickness parallel to the test base. (3) Perform the steps in paragraphs (f)(3) through (8) of this section. (4) Perform a minimum of four additional tests, located at intervals not to exceed six inches along the entire inside perimeter of the intersection of the sidewall and OSS, and at one additional location most likely to fail. (5) Repeat the intersection of sidewall and occupant support surface firmness test in all the intended or feasible configurations that could affect the intersection firmness, such as the folding or layering of parts of the product. Figure 7 to paragraph (h)—Test Configuration for Intersection of Sidewall and Occupant Support Surface Firmness (i) Sidewall angle determination. See (1) Orient the 3-inch (7.62 cm) diameter hemispherical head probe vertically and place it over the OSS with the cylindrical surface of the probe tangent to the intersection of the sidewall and the OSS. Advance the probe into the product until a downward force of 10 N (2.2 lbs) force is reached. (2) After 30 seconds, determine whether the sidewall is in contact with the cylindrical side of the 3-inch head probe. If the sidewall contacts the cylindrical part of the probe, the sidewall angle is equal to or less than 90 degrees. (3) For sidewall angles greater than 90 degrees, calculate the sidewall angle as 90 degrees plus the measured angle between the cylindrical side of the 3-inch head probe and the sidewall. (4) Determine a minimum of four sidewall angles at locations not to exceed 6-inch (15.2 cm) intervals along the intersection of the sidewall and OSS. (5) Measure the angle with a protractor or gauge placed to the depth of and in contact with the cylindrical side of the 3-inch probe side and the sidewall. Figure 8 to paragraph (i)—Test Fixture Configuration for Sidewall Angle Measurement (j) Seam strength test method. (i) Clamps with 0.75 inches (1.9 cm) diameter clamping surfaces capable of holding fabric and with a means to attach a force gauge. See (ii) A force gauge, accuracy ± 0.5 lbs (1.1 N). Figure 9 to paragraph (j)(1)—Seam Clamp (2) Clamp the fabric of the infant support cushion on each side of the seam under test with the 0.75 inches clamping surfaces placed not less than 0.5 inches (1.2 cm) from the seam. (3) Apply a tension of 15 lbs (67 N) evenly over 5 seconds and maintain for an additional 10 seconds. (4) Repeat the test on every distinct seam and every 12 inches (15 cm) along each seam. (k) Removal of components test method Suitable devices. (2) Torque test. (3) Tension test. Figure 10 to paragraph (k)(3)—Tension Test Adapter Clamp § 1243.6 Marking and labeling. (a) General markings. (1) The name, place of business (city, state, and mailing address, including zip code), and telephone number of the manufacturer, distributor, or seller. (2) A code mark or other means that identifies the date (month and year as a minimum) of manufacture. (3) The marking or labeling in paragraphs (a)(1) and (2) of this section are not required on the retail package if they are on the product and are visible in their entirety through the retail package. When no retail packaging is used to enclose the product, the information provided on the product shall be used for determining compliance with paragraphs (a)(1) and (2) of this section. Cartons and other materials used exclusively for shipping the product are not considered retail packaging. (b) Permanency. (c) Upholstery labeling. (d) Warning design for product. (2) Any marking or labeling provided in addition to those required by this section shall not contradict or confuse the meaning of the required information or be otherwise misleading to the consumer. (3) The warnings shall be conspicuous and permanent. (4) The warnings shall conform to ANSI Z535.4-2011(R2017) (incorporated by reference, see § 1243.8) sections 6.1-6.4, 7.2-7.6.3, and 8.1, with the following changes. (i) In sections 6.2.2, 7.3, 7.5, and 8.1.2, replace “should” with “shall.” (ii) In section 7.6.3, replace “should (when feasible)” with “shall.” (iii) Strike the word “safety” when used immediately before a color (for example, replace “safety white” with “white”). Note 1 to paragraph ( d iii For reference, ANSI Z535.1, American National Standard for Safety Colors, provides a system for specifying safety colors. See note 1 to § 1243.8(a) for ANSI contact information. (5) The safety alert symbol and the signal word “WARNING” shall be at least 0.2 inches (5 mm) high. The remainder of the text shall be in characters whose upper case shall be at least 0.1 inches (2.5 mm), except where otherwise specified. Note 2 to paragraph ( d For improved warning readability, typefaces with large height-to- width ratios, which are commonly identified as “condensed,” “compressed,” “narrow,” or similar, should be avoided. (6) The message panel shall have the following text layout requirements: (i) The text shall be left-aligned, ragged-right for all but one-line text messages, which can be left-aligned or centered. See Note 3 to paragraph (d)(6)(i): Left-aligned means that the text is aligned along the left margin, and in the case of multiple columns of text, along the left side of each individual column. (ii) The text in each column should be arranged in list or outline format, with precautionary (hazard avoidance) statements preceded by bullet points. Multiple precautionary statements shall be separated by bullet points if paragraph formatting is used. Figure 1 to paragraph (d)(6)—Examples of Left-Aligned Text Note 4 to figure 1 to paragraph ( d The text shown for the warnings in figure 1 to this paragraph (d)(6) is filler text, known as lorem ipsum, commonly used to demonstrate graphic elements. (7) All infant support cushions are required to contain a warning with the content and format depicted in this section as figure 2 (for products without tummy time) or figure 3 (if the product has a tummy time feature) to this paragraph (d)(7). Figure 2 to paragraph (d)(7)—Warning for Product Without Tummy Time Figure 3 to paragraph (d)(7)—Warning for Tummy Time Product (e) Warning statements. § 1243.7 Instructional literature. (a) Instructions shall be provided with the product and shall be easy to read and understand and shall be in the English language at a minimum. These instructions shall include information on assembly, maintenance, cleaning, and use, where applicable. (b) The instructions shall address the following additional warnings: (1) Read all instructions before using this product. (2) Keep instructions for future use. (3) Do not use this product if it is damaged or broken. (4) Instructions shall indicate the manufacturer's recommended maximum weight, height, age, developmental level, or combination thereof, of the occupant for which the infant support cushion is intended. If this product is not intended for use by a child for a specific reason, the instructions shall state this limitation. (c) The cautions and warnings in the instructions shall meet the requirements specified in § 1243.6(d)(4) though (6), except that section 6.4 and sections 7.2-7.6.3 of ANSI Z535.4-2011(R2017) (incorporated by reference, see § 1243.8) need not be applied. However, the signal word and safety alert symbol shall contrast with the background of the signal word panel, and the cautions and warnings shall contrast with the background of the instructional literature. Note 1 to paragraph (c): For example, the signal word, safety alert symbol, and the warnings may be black letters on a white background, white letters on a black background, navy blue letters on an off-white background, or some other high-contrast combination. (d) Any instructions provided in addition to those required by this section shall not contradict or confuse the meaning of the required information or be otherwise misleading to the consumer. § 1243.8 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the U.S. Consumer Product Safety Commission and at the National Archives and Records Administration (NARA). Contact the U.S. Consumer Product Safety Commission at: the Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; phone (301) 504-7479; email: [email protected]. www.archives.gov/federal-register/cfr/ibr-locations [email protected]. (a) National Electrical Manufacturers Association (NEMA), 1300 17th St. N, Arlington, VA 22209; phone: (703) 841-3200; website: www.nema.org. (1) ANSI Z535.4-2011(R2017), American National Standard for Product Safety Signs and Labels, (2) [Reserved] Note 1 to paragraph ( a NEMA standards are also available from the American National Standards Institute (ANSI), which provides a free, read-only copy of the standard at https://ibr.ansi.org/Standards/nema.aspx. www.ansi.org. (b) ASTM International (ASTM), 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-2959; phone: (800) 262-1373; website: www.astm.org. (1) ASTM D3359-23, Standard Test Methods for Rating Adhesion by Tape Test, (2) [Reserved]