Reese’s Law and CPSC Rule Mandate Battery Safety

By Chris Dahl, technical manager, Retail Consumer Products team, UL Solutions

Reese’s Law was signed by President Biden on Aug. 16, 2022, and mandates federal safety requirements for button cell and coin batteries. The intent of this new rule is to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children six years of age and younger.

On Feb. 9, 2023, the Consumer Product Safety Commission (CPSC) published the Notice for Proposed Rulemaking for safety rule 16 CFR 1263, the Safety Standard and Notification Requirements for Button Cell and Coin Batteries and Consumer Products Containing Such Batteries. The proposed rule establishes performance, labeling and other related requirements as mandated by Reese’s Law.

The scope of Reese’s Law and the corresponding CPSC rule is broad and is expected to apply to consumer products containing button cell or coin batteries that are removable and those containing button cell or coin batteries that are non-removable. Product categories include, for example, apparel, footwear, accessories, hard goods and any product that uses these batteries in conjunction with the product or when sold separately.

Performance tests are required based on construction and use criteria. Some of these performance requirements include:

• Accessibility evaluation
• Performance tests for consumer products containing button cell or coin batteries
• Preconditioning
• Abuse – Drop test, impact test, crush test, compression test, torque test and tension test

The proposed rule also includes requirements to notify consumers when purchasing products online. There are specific requirements for marking and labeling. Some of these requirements include the placement of warnings in a clear, prominent and legible location next to the product description, the product image or the price on online webpages.

The CPSC is accepting comments on the proposed rule on March 13, 2023.

Recommended action items

• Review your company’s products sold in the United States to determine if they are amenable under the proposed rule.
• Impacted manufacturers will need to evaluate their products and adjust as required for compliance with the rule prior to the effective date.
• Upon the effective date as established by the final rule, manufacturers of applicable children’s products will need to have their product tested by a CPSC-accepted, third-party laboratory and provide a Children’s Product Certificate (CPC).
• Manufacturers of applicable general-use products will require a General Certificate of Conformity (GCC).

When the rule is published, UL Solutions will apply with CPSC for accepted status to become an approved provider of the required testing.

Upon being approved by the CPSC, UL Solutions can help manufacturers test to CPSC requirements and demonstrate compliance with Reese’s Law.

References

• Reese’s Law: BILLS-117hr5313enr.pdf (govinfo.gov) 
• CPSC’s proposed rule 16 CFR 1263 Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries:  2023-02356.pdf (govinfo.gov)  
• CPSC business guidance, which includes certification requirements and FAQ: Button Cell and Coin Battery Business Guidance | CPSC.gov