65274 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

1To implement Reese’s Law, on September 8, 

2023, the Commission voted (4–0) to publish this 

determination and a direct final rule to incorporate 

by reference, UL 4200A–2023, approved August 30, 

2023, as the mandatory standard for consumer 

products containing button cell or coin batteries, 

with changes. The Chair, and Commissioners 

Trumpka and Feldman, issued statements in 

connection with their vote. Statements and an 

explanation of the Commission’s changes are 

available at: https://www.cpsc.gov/s3fs-public/RCAReese-s-Law-Implementation-UL-4200A-2023-DFRfor-Button-Cell-or-Coin-Batteries-and-Draft-FR-toAmend-Part-1263.pdf?VersionId=V56MNzyWa_

iXqZQlKCyOlRtjl9lcoFit. 

2Reese’s Law defines the phrase ‘‘consumer 

product containing button cell or coin batteries’’ as 

‘‘a consumer product containing or designed to use 

one or more button cell or coin batteries, regardless 

of whether such batteries are intended to be 

replaced by the consumer or are included with the 

product or sold separately.’’ Notes to 15 U.S.C. 

2056e. 

3The information in this Commission 

determination and direct final rule is based on 

information and analysis provided in the August 

31, 2023, Staff Briefing Package: Draft Final Rule to 

Establish a Safety Standard for Button Cell or Coin 

Batteries and Consumer Products Containing Such 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112 and 1263 

[CPSC Docket No. 2023–0004] 

Safety Standard for Button Cell or Coin 

Batteries and Consumer Products 

Containing Such Batteries 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Direct final rule. 

SUMMARY: In February 2023, as required 

by Reese’s Law, the U.S. Consumer 

Product Safety Commission (CPSC or 

Commission) issued a notice of 

proposed rulemaking (NPR) to eliminate 

or adequately reduce the risk of injury 

from ingestion of button cell or coin 

batteries by children six years old and 

younger. In the NPR the Commission 

preliminarily determined that no 

existing voluntary standard met the 

requirements in Reese’s Law at that 

time. In this document, however, the 

Commission determines that one 

voluntary standard, substantially 

revised since publication of the NPR, 

now meets the requirements in Reese’s 

Law with respect to performance and 

labeling requirements for consumer 

products containing button cell or coin 

batteries. Reese’s Law states that after a 

determination of sufficiency by the 

Commission, such a qualifying 

voluntary standard is treated as a 

consumer product safety rule. The 

Commission is publishing this 

determination, as required by Reese’s 

Law, as well as a direct final rule to 

incorporate the voluntary standard by 

reference into our regulations. 

Consumer products subject to 

performance and labeling requirements 

in this direct final rule must be tested 

and certified as compliant with the 

direct final rule. 

DATES: 

Effective date: The direct final rule is 

effective October 23, 2023, unless the 

Commission receives a significant 

adverse comment by October 5, 2023. If 

the Commission receives such a 

comment, we will publish a document 

in the Federal Register withdrawing 

this direct final rule before its effective 

date. 

Compliance and enforcement dates: 

Third party testing and certification of 

children’s products subject to this rule 

is not required until on or after 

December 20, 2023. Consumer products 

containing button cell or coin batteries 

that are manufactured or imported after 

October 23, 2023, must comply with 

this direct final rule. However, in 

recognition of limited testing 

availability and for the avoidance of 

hardship, the Commission is granting a 

180-day transitional period of 

enforcement discretion from September 

21, 2023, through March 19, 2024. 

Incorporation by reference: The 

incorporation by reference of the 

publication listed in this rule is 

approved by the Director of the Federal 

Register as of October 23, 2023. 

ADDRESSES: Submit comments, 

identified by Docket No. CPSC–2023– 

0004, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by electronic mail 

(email), except as described below. 

CPSC encourages you to submit 

electronic comments by using the 

Federal eRulemaking Portal. 

Mail/Hand Delivery/Courier/ 

Confidential Written Submissions: 

Submit comments by mail, hand 

delivery, or courier to: Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479. If you wish to submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public, you 

may submit such comments by mail, 

hand delivery, or courier, or you may 

email them to: cpsc-os@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

https://www.regulations.gov. Do not 

submit through this website: 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If you 

wish to submit such information, please 

submit it according to the instructions 

for mail/hand delivery/courier/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2023–0004, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

William Cusey, Small Business 

Ombudsman, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone 301–504–7945; email: SBO@

CPSC.gov. 

SUPPLEMENTARY INFORMATION: On 

February 9, 2023, pursuant to section 2 

of Reese’s Law (Pub. L. 117–171, 15 

U.S.C. 2056e), the Commission 

published an NPR to establish a Safety 

Standard and Notification Requirements 

for Button Cell or Coin Batteries and 

Consumer Products Containing Such 

Batteries.1 88 FR 8692. As required by 

section 2(a) of Reese’s Law, the NPR 

contained performance and labeling 

requirements for consumer products 

containing button cell or coin batteries 2

and labeling requirements for button 

cell and coin battery packaging. See 15 

U.S.C. 2056e(a). The NPR also proposed 

to require notification of additional 

point-of-sale performance and technical 

data related to the safety of button cell 

or coin batteries using the Commission’s 

authority under section 27(e) of the 

Consumer Product Safety Act (CPSA), 

15 U.S.C. 2076(e). 88 FR 8709. Based on 

staff’s assessment of existing voluntary 

standards, the Commission 

preliminarily determined in the NPR 

that no voluntary standard in existence 

at that time met the performance or 

labeling requirements of section 2 of 

Reese’s Law, and requested comment on 

that preliminary finding. 88 FR 8702, 

8705. The Commission received 38 

comments during a 30-day comment 

period ending in March 2023; four of 

the comments were duplicates. CPSC 

received two late-filed comments; one is 

out-of-scope for this rulemaking. We 

also received nine comments in 

response to an April 11, 2023 

Paperwork Reduction Act (PRA) notice. 

88 FR 21652. Tab A of Staff’s Final Rule 

Briefing Package 3 and section III of this 


ddrumheller on DSK120RN23PROD with RULES3
Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65275 

Batteries (Staff’s Final Rule Briefing Package), 

available at: https://www.cpsc.gov/s3fs-public/ 

Reeses-Law-Implementation-CommissionDetermination-Regarding-UL-4200A-2023-andDraft-DFR-for-Button-Cell-or-Coin-Batteries-and-2- 

Draft-FR-to-Amend-Part-1263--LabelingRequirmnts-for-Button-Cell-or-CoinBatte.pdf?VersionId=PyTbnom1OemA3BWl9

Z1lONzTlyqbcthW, and on the January 11, 2023, 

Staff Briefing Package: Draft Proposed Rule to 

Establish a Safety Standard and Notification 

Requirements for Button Cell or Coin Batteries and 

Consumer Products Containing Such Batteries 

(Staff’s NPR Briefing Package), available at: https:// 

www.cpsc.gov/s3fs-public/NoticeofProposed

RulemakingSafetyStandardandNotification

RequirementsforButtonCellorCoinBatteries

andConsumerProductsContainingSuch

Batteries.pdf?VersionId=kDinNeydktkt

3T8RRtzN4u1GTXPRjpEl. 

4Reese’s Law states that if the Commission makes 

a determination with respect to a voluntary 

standard, the requirements of such voluntary 

standard shall be treated as a consumer product 

safety rule promulgated under section 9 of the 

CPSA (15 U.S.C. 2058) beginning on the later of 

either (A) the date of the Commission’s 

determination with respect to the voluntary 

standard described; or (B) the effective date 

contained in the voluntary standard. UL 4200A– 

2023 does not contain an ‘‘effective date,’’ and the 

Commission is making this determination after 

publication of the UL 4200A–2023 standard. 

Accordingly, the later of the two dates in section 

(e)(2) of Reese’s Law (15 U.S.C. 2056e(e)(2)) is the 

date of the Commission’s determination. 

5The definitions in section 5 of Reese’s Law are 

codified in the Notes to 15 U.S.C. 2056e. 

6This direct final rule focuses on addressing 

button cell and coin batteries under part (A) of the 

definition because other batteries where the 

diameter is less than the height, such as AAA 

cylindrical batteries, do not pose the same type or 

degree of ingestion hazard as button cell or coin 

batteries. If CPSC becomes aware of a serious 

ingestion hazard associated with another battery 

type that is not adequately addressed by voluntary 

standards, section 2(g) of Reese’s Law allows the 

Commission to undertake additional rulemaking to 

address the hazard. 15 U.S.C. 2056e(g). 

preamble summarize and respond to the 

comments CPSC received. 

After consideration of the comments 

and the relevant existing voluntary 

standards, the Commission determines 

that a recent revision of ANSI/UL 

4200A, Standard for Safety for Products 

Incorporating Button Batteries or Coin 

Cell Batteries, published on August 30, 

2023 (UL 4200A–2023), does meet the 

performance and labeling requirements 

in section 2(a) of Reese’s Law with 

respect to consumer products 

containing button cell or coin batteries. 

15 U.S.C. 2056e(a) and (d). Accordingly, 

under section 2(e) of Reese’s Law, UL 

4200A–2023 is treated as a consumer 

product safety rule promulgated under 

section 9 of the CPSA (15 U.S.C. 2058) 

as of the date of the Commission’s 

determination.4 15 U.S.C. 2056e(e). The 

Commission is publishing this 

determination in the Federal Register, 

as required by Reese’s Law. 15 U.S.C. 

2056e(d)(2). 

This notification of the Commission’s 

determination includes a direct final 

rule (DFR) to incorporate by reference 

UL 4200A–2023 into the Code of 

Federal Regulations as the mandatory 

consumer product safety rule for 

consumer products containing button 

cell or coin batteries. Consistent with 

the Administrative Procedure Act 

(APA), 5 U.S.C. 553, the DFR has an 

effective date of 30 days after 

publication. Further, in recognition of 

limited testing availability the 

Commission is granting a 180-day 

transitional period of enforcement 

discretion, to begin September 21, 2023. 

The Commission is issuing a separate 

final rule, published elsewhere in this 

issue of the Federal Register, to 

establish labeling requirements for 

button cell or coin battery packaging as 

required by Reese’s Law, because such 

products are not within the scope of UL 

4200A–2023. 15 U.S.C. 2056e(d)(1). 

Currently the Commission is not 

finalizing the proposed requirements in 

the NPR for consumer notification of 

performance and technical data under 

section 27(e) of the CPSA; although, the 

UL 4200A–2023 revision includes some 

of the notification requirements 

proposed in the NPR. The name of the 

rule to be codified in 16 CFR part 1263 

reflects this change by removing the 

phrase ‘‘and Notification 

Requirements’’; the rule is now entitled 

‘‘Safety Standard for Button Cell or Coin 

Batteries and Consumer Products 

Containing Such Batteries.’’ 

I. Statutory and Regulatory Background 

A. Reese’s Law 

President Biden signed Reese’s Law 

on August 16, 2022. 15 U.S.C. 2056e. 

The purpose of Reese’s Law is to protect 

children six years old and younger 

against hazards associated with the 

ingestion of button cell or coin batteries. 

Section 5 of Reese’s Law broadly defines 

a ‘‘button cell or coin battery’’ as ‘‘(A) 

a single cell battery with a diameter 

greater than the height of the battery; or 

(B) any other battery, regardless of the 

technology used to produce an electrical 

charge, that is determined by the 

Commission to pose an ingestion 

hazard.’’ 5 Thus, the definition of a 

consumer product with an in-scope 

battery depends on the shape of the 

battery (which contributes to the 

ingestion-related risk) and, as stated in 

part (B), whether the battery otherwise 

is associated with an ingestion hazard, 

which is consistent with the stated 

purpose in section 2(a)(1) of Reese’s 

Law.6 15 U.S.C. 2056e(a)(1). 

Section 2(a)(1) of Reese’s Law 

mandates that a rule must include 

performance requirements for button 

cell or coin battery compartments on 

consumer products to secure them in a 

manner that eliminates or adequately 

reduces the risk of injury from the 

ingestion of button cell or coin batteries 

by children who are six years old or 

younger, during reasonably foreseeable 

use or misuse of the product. 15 U.S.C. 

2056e(a)(1). 

Section 2(a)(2) of Reese’s Law 

mandates warning label requirements in 

a rule. Warnings are required: 

• On the packaging of button cell or 

coin batteries (15 U.S.C. 2056e(a)(2)(A)); 

• On the packaging of consumer 

products containing button cell or coin 

batteries (15 U.S.C. 2056e(a)(2)(A)); 

• In any literature, such as a user 

manual, that accompanies a consumer 

product containing button cell or coin 

batteries (15 U.S.C. 2056e(a)(2)(B)); 

• As practicable, directly on a 

consumer product that contains button 

cell or coin batteries in a manner visible 

to the consumer upon installation or 

replacement of the button cell or coin 

battery (15 U.S.C. 2056e(a)(2)(C)(i)); 

• As practicable, in the case of a 

product for which the battery is not 

intended to be replaced or installed by 

the consumer, directly on the consumer 

product in a manner that is visible to 

the consumer upon access to the battery 

compartment, except that if it is 

impracticable to label the product, this 

information shall be placed on the 

packaging or instructions (15 U.S.C. 

2056e(a)(2)(C)(ii)). 

Warning labels required by section 

2(b) of Reese’s Law must (1) clearly 

identify the hazard of ingestion and (2) 

instruct consumers, as practicable, to 

keep new and used batteries out of the 

reach of children, to seek immediate 

medical attention if a battery is ingested, 

and to follow any other consensus 

medical advice. 15 U.S.C. 2056e(b). 

To address ingestion of button cell or 

coin batteries, section 2(a) of Reese’s 

Law requires the Commission to publish 

a final consumer product safety 

standard for button cell or coin 

batteries, and consumer products 

containing button cell or coin batteries, 

not later than 1 year after the date of 

enactment. 15 U.S.C. 2056e(a). 

However, if the Commission determines 

before promulgating a rule that an 

existing voluntary standard meets the 

performance and labeling requirements 

in section 2(a) of Reese’s Law, then 

under section 2(d)(1) of Reese’s Law the 

requirement for the Commission to 

promulgate a rule does not apply. 15 

U.S.C. 2056e(d)(1). Instead, the 

Commission must publish such 

determination of a voluntary standard’s 

sufficiency in the Federal Register. 15 

U.S.C. 2056e(d)(2). As set forth in 

section IV of this preamble, the 


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65276 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

7See ULSE ANSI Accredited Procedures, 

Approved December 2, 2022, available at: https:// 

ulstandards.ul.com/wp-content/uploads/2023/03/ 

ULSEANSIAccreditedProcedures_20221202.pdf. 8UL 4200A–2023 does not, however, address 

labeling of battery packaging. Accordingly, in a 

separate document published elsewhere in this 

issue of the Federal Register, the Commission is 

finalizing a rule to require labeling on button cell 

or coin battery packaging. Notes to 15 U.S.C. 2056e. 

9Consistent with 16 CFR part 1250, a ‘‘toy 

product’’ is defined as ‘‘any object designed, 

manufactured, or marketed as a plaything for 

children under 14 years of age.’’ Notes to 15 U.S.C. 

2056e. 

10Section 3 of Reese’s Law requires special 

packaging for button cell or coin batteries. These 

requirements, codified in the Notes to 15 U.S.C. 

2056e, are self-implementing, and do not require 

CPSC to issue a rule. Section 3 of Reese’s Law was 

effective by operation of the statute on February 12, 

2023. 

Commission determines that UL 4200A– 

2023 meets the performance and 

labeling requirements in section 2(a) of 

Reese’s Law with respect to consumer 

products containing button cell or coin 

batteries. 

Section 2(e) of Reese’s Law states that 

the requirements of a voluntary 

standard the Commission determines to 

meet section 2(a) of Reese’s Law shall be 

treated as a consumer product safety 

rule promulgated under section 9 of the 

CPSA (15 U.S.C. 2058) beginning on the 

date that is the later of either the date 

the Commission makes the 

determination under section 2(d), or the 

effective date in the voluntary standard. 

15 U.S.C. 2056e(e)(2). The UL standard 

does not include an ‘‘effective date.’’ 

Rather, UL standards are published 

when approved through a consensus 

process by a majority vote that meets 

UL’s procedural requirements.7

Publication of UL 4200A–2023 occurred 

before publication of the Commission’s 

determination, and therefore the date of 

this publication is the relevant effective 

date for purposes of section 2(e)(2) of 

Reese’s Law. 

The Commission makes the 

determination that UL 4200A–2023 

meets the requirements of section 2(a) of 

Reese’s Law with respect to 

performance and labeling requirements 

for consumer products that contain 

button cell or coin batteries; therefore, 

by operation of law, UL 4200A–2023 is 

a consumer product safety rule as of the 

date of this determination. 15 U.S.C. 

2056e(e)(2).8 The Commission 

additionally is codifying UL 4200A– 

2023 into a regulation, and the effective 

date of the DFR is 30 days from 

publication, as described in section VII 

of this preamble. As noted, the 

Commission is granting a 180-day 

transitional period of enforcement 

discretion. 

Section 2(f)(1) of Reese’s Law 

establishes a process for subsequent 

revision of a voluntary standard the 

Commission has adopted as a 

mandatory standard under section 2(d). 

In addition, section 2(g) of Reese’s Law 

provides that any time after a voluntary 

standard is treated as a consumer 

product safety rule under section 2(e), 

or a revised voluntary standard becomes 

enforceable as a consumer product 

safety rule under section 2(f), the 

Commission may initiate a rulemaking 

in accordance with 5 U.S.C 553 to 

modify the requirements of the standard 

or revised standard. 15 U.S.C. 2056e(g). 

Section 4 of Reese’s Law specifically 

exempts from the performance and 

labeling requirements in section 2 of the 

law, any toy product 9 that is in 

compliance with the battery 

accessibility and labeling requirements 

in 16 CFR part 1250, Safety Standard 

Mandating ASTM F963 for Toys. Notes 

to 15 U.S.C. 2056e. However, children’s 

products that contain button cell or coin 

batteries and that are not a ‘‘toy 

product,’’ are required to meet the 

performance and labeling requirements 

in this final rule. An example of such 

products would be children’s apparel, 

such as shoes, that light up and use a 

button cell or coin battery as a power 

source.10

B. Description of the NPR 

The NPR proposed a rule to address 

the battery ingestion hazard for children 

six years of age or younger. The NPR 

explained that children access button 

batteries from consumer products that 

are powered by the batteries, either 

directly from the battery compartment 

or because the batteries have escaped 

from the compartment. 88 FR 8698–99. 

CPSC has not identified any additional 

hazard patterns since the NPR. Figure 1 

provides examples of button cell and 

coin batteries, and Figure 2 shows a few 

examples of consumer products that 

contain button cell or coin batteries. 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65277 

11The NPR additionally proposed to require 

point-of-sale warnings of the ingestion hazard and 

other battery safety information under section 27(e) 

of the CPSA to improve safety communication to 

consumers to address the unreasonable risk of 

injury and death to children from ingesting or 

inserting button cell or coin batteries into the body, 

and other hazards. 88 FR 8709–11. The Commission 

is not finalizing proposed requirements under 

section 27(e) of the CPSA at this time. 

In accordance with section 2 of 

Reese’s Law, the NPR contained 

performance and labeling requirements 

for consumer products that contain 

button cell or coin batteries. 

Performance requirements: As 

required by Reese’s Law, the NPR 

proposed that consumer products 

containing button cell or coin batteries 

require the battery to be secured in a 

manner that would eliminate or 

adequately reduce the risk of injury 

from the ingestion hazard to children 

during reasonably foreseeable use or 

misuse conditions. In developing the 

NPR, the Commission drew upon 

requirements stated in: 

• UL 4200A–2020, Standard for 

Safety for Products Incorporating Button 

or Coin Cell Batteries of Lithium 

Technologies (UL 4200A–2020); 

• ASTM F963–17 Standard 

Consumer Safety Specification for Toy 

Safety (ASTM F963); 

• Voluntary standards referenced by 

Australian F2020L01656, including: 

Æ IEC 62368–1:2018 Audio/video, 

information and communication 

technology equipment-Part 1: Safety 

requirements (IEC 62368–1); 

Æ IEC 62115:2017 International 

Standard for Electric Toys—Safety (IEC 

62115); 

Æ AS/NZS 60065:2018 Audio, video 

and similar electronic apparatus— 

Safety requirements (AS/NZS 

60065:2018); and 

Æ AS/NZS 60598.1:2017 Luminaires 

Part 1: General requirements and tests 

(AS/NZS 60598.1:2017). 

Table 7 of the NPR summarized the 

Commission’s analysis of the 

performance requirements in these 

voluntary standards. 88 FR 8701. Based 

on the analysis in Tab D of Staff’s NPR 

Briefing Package, the Commission 

preliminarily concluded that none of 

these voluntary standards alone 

contained performance requirements 

that are adequate to address the 

requirements in Reese’s Law. 88 FR 

8701–02. Therefore, to address the 

performance requirements mandated in 

Reese’s Law, the proposed performance 

requirements in CPSC’s NPR differed 

from the requirements in the voluntary 

standards in several ways, including: 

• Broader scope to match the scope of 

products covered by Reese’s Law; 

• Clarification that a locking 

mechanism requiring two simultaneous 

and independent actions does not 

include actions that can be combined 

into one single action by a single finger 

or digit, to address poor locking 

mechanism designs observed in testing; 

• Addition of the compression test 

from the ASTM F963–17 toy standard, 

codified in16 CFR part 1250, to address 

children pressing on areas of the battery 

compartment not directly impacted by 

the drop test; 

• Requirement that all products, 

including products weighing more than 

18 kg, be subjected to 10 drops; 

• Addition of the torque and tensile 

tests from the toy standard to address a 

child grabbing and twisting or pulling 

on parts of the battery enclosure or 

tearing apart soft goods with fingers or 

teeth. 

88 FR 8702–04. Tables 8 and 9 in the 

NPR, 88 FR 8702, summarized CPSC’s 

proposed performance requirements for 

consumer products with replaceable 

and non-replaceable button cell or coin 

batteries. 

Warning label requirements: For 

consumer products containing button 

cell or coin batteries, Reese’s Law 

requires warnings on: 

• The packaging of consumer 

products; 

• Accompanying literature; and 

• Consumer products, as practicable. 

15 U.S.C. 2056e(a)(2). Reese’s Law also 

requires warnings on packaging of 

button cell or coin batteries. Id. Warning 

statements must clearly identify the 

hazard of ingestion and instruct 

consumers, as practicable, to keep new 

and used batteries out of the reach of 

children, seek immediate medical 

attention if a battery is ingested, and 

follow any other consensus medical 

advice. 15 U.S.C. 2056e(b). 

The NPR assessed warning 

requirements in several voluntary 

standards, and preliminarily concluded 

that none of the voluntary standards 

were adequate to meet the requirements 

in Reese’s Law. Tab C of Staff’s NPR 

Briefing Package; 88 FR 8704–05. Tables 

10 and 11 in the NPR summarized the 

Commission’s assessment of the 

warning label requirements in voluntary 

standards, in relation to the 

requirements of Reese’s Law. 88 FR 

8705. 

Because none of the voluntary 

standards met the requirements in 

Reese’s Law at the time of the NPR, the 

Commission proposed warning 

requirements for the packaging of 

consumer products containing button 

cell or coin batteries, accompanying 

literature, and, as practicable, consumer 

products. 88 FR 8706–09. The NPR also 

proposed warnings requirements for the 

packaging of button cell or coin 

batteries, which are being established by 

the Commission in a separate final rule. 

88 FR 8706–07.11

II. Assessment of Performance and 

Labeling Requirements in UL 4200A– 

2023 

Several pertinent voluntary standards 

have been revised since the NPR 

published on February 9, 2023. IEC 

62368–1 published a new edition 


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65278 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

(Edition 4, or IEC 62368–1:2023) in May 

2023. In January 2023, ASTM balloted a 

revision to the battery compartment 

construction requirements in ASTM 

F963. In April 2023, UL balloted a 

revised version of UL 4200A, which was 

further revised and reballoted in July 

2023, and comment responses were 

recirculated in August 2023. UL 

published its most recent revisions on 

August 30, 2023, as UL 4200A–2023. 

Tab E of Staff’s Final Rule Briefing 

Package contains staff’s detailed 

assessment of ASTM F963, UL 62368– 

1, and the revised IEC 62368–1:2023. 

Based on staff’s updated assessment of 

ASTM F963, UL 62368–1, and IEC 

62368–1:2023, the Commission cannot 

determine that any of these standards is 

adequate to meet the requirements in 

section 2(a) of Reese’s Law. 

However, for the reasons stated below 

and further elaborated in Tab E of Staff’s 

Final Rule Briefing Package, the 

Commission determines that UL 4200A– 

2023 meets the performance and 

labeling requirements in section 2(a) of 

Reese’s Law as applied to consumer 

products containing button cell or coin 

batteries. Table 1a summarizes CPSC’s 

evaluation of the performance 

requirements in the updated voluntary 

standards. 

TABLE 1a—ASSESSMENT OF EXISTING VOLUNTARY STANDARDS’ PERFORMANCE REQUIREMENTS FOR BUTTON CELL OR

COIN BATTERIES

UL 4200A– 

2023 

ASTM F963 

(Ballot) 

UL 

62368–1 

IEC 

62368–1:2023 IEC 62115 

Scope .................................... Battery Chemistry Type ...... Any * .............. Any ............... Any ................ Any ................ Any. 

Product Type ....................... Any ................ Toys .............. Audio/Visual 

Equipment.

Audio/Visual 

Equipment.

Electronic 

Toys. 

Construction Performance .... Opens with Tool .................. A .................... A ................... A .................... A .................... A. 

Captive screws .................... A .................... A ................... I ..................... A .................... A. 

Threaded attachment requirements.A .................... ....................... I ..................... A.

Opens with two independent 

and simultaneous movements.

A .................... O ................... I ..................... I ..................... O. 

Accessibility ......................... A .................... A ................... A .................... A .................... A. 

Use and Abuse ..................... Pre-conditioning in oven ..... A .................... ....................... A .................... A.

Open/close and remove/install battery/screw(s) 10 

times.

A .................... ....................... A .................... A .................... I. 

Drop test—based on product weight/type.A .................... I .................... I ..................... I ..................... I. 

Drop test—based on age 

grading.

O .................... I .................... O ................... O ................... O. 

Impact Test ......................... A .................... ....................... A .................... A .................... I. 

Crush Test (big surface 

area).

A .................... ....................... A .................... A.

Torque Test ......................... A .................... A.

Tension Test ....................... A .................... A ................... ....................... ....................... A. 

Tension Test—Seams ......... A .................... A ................... ....................... ....................... A. 

Compression Test (little surface area).A .................... A ................... I ..................... I.

Accessibility Probe Compliance Test.A .................... I .................... I ..................... I ..................... A. 

Securement (non-removable 

batteries).

A .................... O ................... O ................... O ................... O. 

* Excludes zinc-air batteries, which are not known to be used in consumer products. 

Blank—Does not address requirements, I—Inadequately addresses requirements, A—Adequately addresses requirements, O—Otherwise adequately addresses requirements. 

Table 1b, below, summarizes CPSC’s 

assessment of warning label 

requirements for consumer products 

containing button cell or coin batteries 

in existing voluntary standards. 

TABLE 1b—ASSESSMENT OF EXISTING VOLUNTARY STANDARDS’ LABELING REQUIREMENTS FOR CONSUMER PRODUCTS

CONTAINING BUTTON CELL OR COIN BATTERIES

ASTM F963 

(Ballot) 

UL 4200A– 

2023 

ASTM 

F2999–19 

ASTM 

F2923–20 IEC 62115 UL 62368–1 

Scope ............................. Battery Chemistry Type All ............... All * .............. All ................ All ................ All ............... All. 

Product Type ................. Toys ........... All ................ Jewelry ........ Children’s 

Jewelry.

Toys ........... Audio/Visual 

Equipment. 

Labeling .......................... On Consumer Product 

Packaging.

I .................. A ................. ..................... ..................... I.

n instructions or accompanying literature.I .................. A .................. ..................... ..................... I .................. I. 


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TABLE 1b—ASSESSMENT OF EXISTING VOLUNTARY STANDARDS’ LABELING REQUIREMENTS FOR CONSUMER PRODUCTS

CONTAINING BUTTON CELL OR COIN BATTERIES—Continued 

ASTM F963 

(Ballot) 

UL 4200A– 

2023 

ASTM 

F2999–19 

ASTM 

F2923–20 IEC 62115 UL 62368–1 

On consumer product .... .................... A .................. ..................... ..................... .................... I. 

* Excludes zinc-air batteries, which are not known to be used in consumer products. 

Blank—Does not address requirements, I—Inadequately addresses requirements, A—Adequately addresses requirements. 

Although, as reflected in these tables, 

UL 4200A–23 satisfies all performance 

requirements of Reese’s law section 2(a), 

and the law’s requirements for labeling 

of consumer products that contain 

button cell or coin batteries, this UL 

standard does not address labeling of 

battery packaging, for which Reese’s 

Law also has requirements. 

Below, we address in detail two 

significant aspects in which the former 

UL 4200A–2020 fell short of Reese’s 

Law’s requirements, but that the recent 

revisions to the standard—as we 

interpret them—do address adequately. 

A. Captive Screw Exceptions 

Section 5.6 of UL 4200A–2020 

included an exception from the 

requirement for fasteners to remain 

captive to the battery enclosure for large 

panel doors on large devices, which are 

not likely to be discarded or left off the 

equipment. The Commission did not 

include such captive screw exception in 

the NPR and stated that the range of 

products to which that exception would 

apply is unclear. 88 FR 8703. 

Section 5.6 of UL 4200A–2023 

contains a revised requirement for 

captive screws. Two related exceptions 

exist for the requirement, both of which 

apply only to products containing 

button cell or coin batteries that are not 

intended to be replaced by the 

consumer, and where there are 

instructions and warnings that clearly 

state the battery is not to be replaced by 

the consumer. The first exception 

applies to products containing button 

cell or coin batteries ‘‘that can only be 

accessed through the removal of 

multiple enclosures or panels using a 

tool.’’ The second captive screw 

exception applies to ‘‘products only to 

be opened by a professional service 

center (where children are not 

present).’’ 

Regarding the first exception, 

products designed and labeled to not 

have the battery replaced by the 

consumer provide the consumer with 

less incentive or need to access a button 

cell or coin battery compartment. The 

requirement to remove multiple 

enclosures or panels to reach a button 

cell or coin battery provides an extra 

layer of protection that prevents 

immediate access to batteries, even if 

screws to those panels are lost or 

discarded. CPSC is unaware of ingestion 

incidents involving access to button cell 

or coin batteries through multiple 

enclosures on consumer products. 

Products that might fit into the first 

exception include desktop and laptop 

computers, with batteries that 

frequently last longer than the product 

itself. 

The second exception applies to 

products ‘‘only to be opened by a 

professional service center (where 

children are not present).’’ The text of 

the UL 4200A–2023 does not further 

explain this exception. We think it 

plain, however, that to avoid 

undermining the safety purpose of the 

captive screw requirement, the design of 

the consumer product, as well as its 

warning language and literature, must 

be consistent with professional-only 

access to the battery compartment. 

Accordingly, we interpret the 

professional service center exception for 

captive screws to only apply to 

consumer products with design and 

construction characteristics that are 

inconsistent with consumers accessing 

the batteries at home, for example by 

having a battery compartment that 

cannot be opened with a common 

household tool such as a straight-blade 

screwdriver, Phillips screwdriver, 

pliers, or a coin. For example, watch 

battery compartments that require a 

special professional tool to open would 

not require captive screws. However, 

watch battery compartments secured 

only with a straight blade or Phillips 

screw would not qualify for this captive 

screw exception, because such a 

product could be opened by consumers 

in their homes with readily available 

household tools. 

B. Drop Test Requirements 

To address the accidental liberation of 

button cell or coin batteries from 

consumer products, UL 4200A–2020 

called for ‘‘portable’’ products to be 

dropped a total of three cycles in 

testing, and ‘‘hand-held’’ products a 

total of 10 cycles. In the NPR, the 

Commission proposed to require all 

products within the scope of the rule to 

be subject to 10 drop cycles. 88 FR 8713. 

After reviewing the comments 

received on the NPR (which are 

discussed in section III below), the 

Commission agrees that it is appropriate 

to distinguish between products that are 

‘‘portable’’ and those that are 

‘‘handheld,’’ provided those definitions 

are clear and able to be applied 

consistently. See Tab E of Staff’s Final 

Rule Briefing Package. 

Section 4.3A of UL 4200A–2023 now 

defines ‘‘hand-held product’’ to mean a 

product that is ‘‘reasonably foreseeable 

to be used or misused when being held 

in one or both hands.’’ This category 

includes only ‘‘[p]roducts specifically 

designed to be carried easily, with a 

mass not exceeding 4.5 kg (10 lbs).’’ 

Section 4.4 of UL 4200A–2023 revises 

the definition for ‘‘portable device’’ to 

mean a ‘‘device that is reasonably 

foreseeable to be routinely carried or 

lifted as part of its use or misuse but not 

operated during transit with a mass not 

exceeding 18 kg (39.7 lb).’’ The 

Commission concludes that these 

definitions reasonably distinguish 

between handheld consumer products 

that are likely to be handled often and 

dropped frequently (such as a television 

remote control, for example), and other 

products that are moveable but not 

routinely handheld. The 10-drop 

requirement applies to the former, while 

a 3-drop requirement applies to the 

latter. The Commission determines that 

this framework in UL 4200A–2023 

meets the requirements for Reese’s Law 

section 2(a). 

III. Comments on the NPR 

CPSC received 38 comments during 

the comment period (four were 

duplicates), from February 9 through 

March 13, 2023, and two late-filed 

comments (one is out-of-scope for this 

rulemaking). Also, CPSC received nine 

comments on a separate PRA notice 

estimating the burden of the proposed 

rule. Commenters included medical 

professionals, standards development 

associations, consumers, consumer 

advocates, retail and manufacturing 

associations, and battery and consumer 

product manufacturers. 

Thirty-three commenters generally 

supported the safety purpose and scope 

of Reese’s Law. Commenters noted the 


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potential deadly risk of injury 

associated with ingestion and insertion 

of button cell and coin batteries and 

their ubiquitous use in many different 

types of consumer products that are 

accessible to young children. Medical 

professionals informed the Commission 

regarding the difficulty in diagnosing an 

unwitnessed button cell or coin battery 

ingestion that requires prompt removal 

of the battery to prevent life-threatening 

esophageal burns and soft tissue 

damage, because the symptoms can 

mimic other health issues such as colds 

or upset stomach. Commenters generally 

supported the development of strong 

performance and labeling requirements 

for consumer products to prevent the 

ingestion hazard, as most button cell or 

coin battery ingestion incidents involve 

batteries obtained from consumer 

products. 

Many commenters suggested that the 

CPSC find one of the reviewed 

voluntary standards adequate to meet 

Reese’s Law requirements and to adopt 

a voluntary standard for the rule. 

Because many of the comments received 

are relevant to the Commission’s 

favorable determination on the UL 

4200A–23 voluntary standard, we 

summarize and respond to them here. 

Comments in Response to Questions on 

Performance Requirements 

A. Whether any consumer products 

(as opposed to medical devices, such as 

hearing aids) contain zinc-air button 

cell or coin batteries, and whether such 

products should be required to meet the 

performance requirements for battery 

compartments on consumer products. 

Comment 1: Other than use in hearing 

aids, a medical device, no commenters 

identify any consumer products using 

zinc-air button cell or coin batteries. An 

international battery trade association 

and a coalition of medical and 

consumer organizations (American 

Academy of Pediatrics, Consumer 

Reports, Public Citizen, Consumer 

Federation of America, Kids In Danger, 

and U.S. Public Interest Research 

Group) state that they are unaware of 

any consumer products (as defined in 

section 3 of the CPSA, 15 U.S.C. 

2052(a)(5)) using zinc-air batteries. The 

coalition of medical and consumer 

organizations state that the Commission 

should reserve the ability to take further 

action regarding zinc-air button cell and 

coin batteries. 

Response 1: Because the Commission 

is not aware of any consumer products 

that contain zinc-air button cell or coin 

batteries and commenters did not 

submit information regarding such 

products, and because such batteries 

present a low risk of causing an 

ingestion hazard as described in Tab C 

of Staff’s Final Rule Briefing Package, 

the NPR proposed that zinc-air button 

cell or coin batteries, and products that 

use such batteries, should not be subject 

to the performance requirements in the 

final rule. Section 1.2 of UL 4200A– 

2023 contains a similar zinc-air battery 

exception. 

B. Whether any voluntary standard 

meets the performance and labeling 

requirements of Reese’s Law. 

Comment 2: Multiple commenters 

argue for Commission determinations 

that various voluntary standards satisfy 

the requirements of section 2(a) of 

Reese’s Law. Five commenters (The Toy 

Association, Retail Industry Leaders 

Association (RILA), Permanent 

European Horological Committee 

(CPHE), Federation of the Swiss Watch 

Industry (FH), and American Watch 

Association (AWA)) recommend that 

CPSC accept the voluntary standard 

ASTM F963 as adequate to address the 

risk of ingestion by children. The 

commenters generally state that ASTM 

F963 adequately fulfills the objectives of 

Reese’s Law, and that no data exists to 

suggest that the standard creates an 

accessibility hazard for products 

containing button cell or coin batteries 

that comply with the standard. 

However, a coalition of medical and 

consumer organizations recommend 

that the ASTM toy standard 

subcommittee incorporate some of 

CPSC’s proposed requirements, such as 

improving testing for fastener retention 

and threading to avoid stripped screw 

holes and other possible scenarios that 

might lend access to the batteries. 

Five commenters (Garmin 

International Inc. (Garmin), CPHE, FH, 

AWA, and TechNet) recommend that 

CPSC accept the voluntary standard UL 

4200A as adequate to address the risk of 

child ingestion. Four commenters (Japan 

Electronics and Information Technology 

Industries Association (JEITA), 

Consumer Technology Association 

(CTA), TechNet, and Information 

Technology Industry Council (ITI)) 

further state that CPSC should accept 

IEC 62368–1 or UL 62368–1 as adequate 

to address the risk of injury for products 

within the scope of that standard. The 

Battery Association of Japan (BAJ), 

Duracell, Energizer, and the National 

Electrical Manufacturers Association 

(NEMA) state that CPSC should accept 

IEC 60086 or ANSI C18 standards as 

adequate for battery package labeling 

requirements. Finally, the Power Tool 

Institute states that the Commission 

should work with voluntary standards 

organizations to improve and codify a 

voluntary standard. 

Response 2: Reese’s Law states that 

the Commission can rely on a voluntary 

standard, rather than drafting and 

implementing a rule for covered 

products, if the Commission determines 

that: (A) the voluntary standard meets 

the requirements for a standard 

promulgated under subsection (a) with 

respect to the products; and (B) the 

voluntary standard is in effect at the 

time of the determination, or will be in 

effect not later than 180 days after 

August 16, 2022 (February 12, 2023). 15 

U.S.C. 2056e(d)(1). The Commission 

finds that UL 4200A–2023 meets the 

requirements of Reese’s Law. As set 

forth in Staff’s Final Rule Briefing 

Package and summarized in Tables 1a 

and 1b, however, the Commission does 

not find that any other voluntary 

standard, as described by the 

commenters, is adequate to meet the 

requirements of Reese’s Law or to 

address the risk of injury from child 

ingestion. 

Tabs D and E of Staff’s Final Rule 

Briefing Package discuss staff’s updated 

assessments of the voluntary standards 

based on feedback received from public 

comments. None of the commenters 

provide sufficient analysis, critique, or 

justification for the Commission to make 

a determination that any voluntary 

standard, other than UL 4200A–2023, 

meets the performance or labeling 

requirements in Reese’s Law. 

C. Whether the requirements for 

accessibility of battery compartments 

should incorporate test methods 

commonly used on toy products, such 

as the torque and tensile tests for parts 

of the product that can be gripped by a 

child’s fingers or teeth, or a tensile test 

for pliable materials. 

Comment 3: Two commenters 

(Landsdowne Labs and a coalition of 

medical and consumer organizations) 

support the incorporation of test 

methods commonly used on toy 

products. 

Response 3: Incorporating test 

methods such as torque and tensile tests 

for parts of a consumer product that can 

be gripped by a child’s fingers or teeth, 

or a tensile test for pliable materials, 

decreases the likelihood of children 

gaining access to button cell or coin 

batteries. Based on staff’s assessment of 

these test methods in the ASTM F963 

toy standard, the Commission 

determines that their inclusion in UL 

4200A–2023 adequately tests the 

durability and integrity of battery 

compartments in products with pliable 

materials, such as shirts and greeting 

cards that light up or make sound using 

batteries. The Commission agrees with 

the commenters that these requirements 

will eliminate or adequately reduce the 


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risk of ingestion in pliable products, as 

required by Reese’s Law. 

D. For consumer products that use 

button cell or coin batteries and have 

large panel doors, what consumer 

products have such doors, and should 

the Commission exclude large panel 

doors from the requirement for captive 

screws; why or why not (i.e., why does 

a large panel door represent a different 

risk of injury from battery access 

without using captive screws than a 

smaller battery compartment door 

does)? 

Comment 4: Three commenters (UL 

Solutions, CTA, and ITI) state that the 

large panel door exemption from the 

captive screw requirement exists for 

products—like desktop computers 

which commonly use coin batteries on 

the motherboards to provide backup 

power—where the panel forms part of 

system enclosure which is not intended 

to be opened regularly by the consumer. 

The commenters state that consumers 

are unlikely to leave off or discard 

screws for these large panel doors. ITI 

notes that UL 62368–1 states that 

captive screws are for batteries that need 

to be replaced regularly. 

Response 4: Section 5.6 of UL 4200A– 

2023 states that products containing 

button cell or coin batteries with large 

panel doors are excepted from the 

captive screw requirement as long as the 

batteries are not intended to be replaced 

by the consumer. The intent of the 

captive screw requirement is to prevent 

consumers from discarding screws 

securing battery enclosures after battery 

replacement during the product’s 

lifetime. For products requiring battery 

replacement, consumers foreseeably 

may discard the screws to make 

replacing the batteries easier, without 

appreciating the battery ingestion 

hazard; or consumers may lose the 

screw and think the product is safe to 

use without properly securing the 

battery compartment. However, as 

explained in section II.A of this 

preamble, if a product’s battery is not 

meant to be replaced, consumers are 

unlikely to open large panel doors to 

access the battery; therefore, requiring 

captive screws is not reasonably 

necessary to address the ingestion 

hazard in Reese’s Law. 

Exception 1 in section 5.6 of UL 

4200A–2023 provides that captive 

screws are not required for products 

containing button cell or coin batteries 

that are not intended to be replaced by 

the consumer, and that products 

containing such batteries that can only 

be accessed through the removal of 

multiple enclosures or panels using a 

tool do not need captive screws. UL 

4200A–2023 also requires that to meet 

the exception, such products must have 

instructions and warnings that clearly 

state the battery is not to be replaced by 

the consumer. Such products must also 

meet use and abuse testing 

requirements. The Commission 

determines that the requirements for 

multiple enclosures in UL 4200A–2023, 

which can include large panel doors, are 

adequate to meet the requirements in 

section 2(a) of Reese’s Law. 

E. Whether a double-action locking 

mechanism used to secure battery 

compartment enclosures, meaning those 

mechanisms that rely on two 

independent and simultaneous hand 

movements to open (versus a screw, for 

example), should be allowed to secure 

button cell or coin battery 

compartments. 

Comment 5: Two commenters (RILA 

and The Toy Association) provide 

comments on whether double-action 

locking mechanisms, which are more 

accurately described as ‘‘multi-action’’ 

locking mechanisms to reflect that there 

can be more than two motions, should 

be allowed to secure button cell or coin 

battery compartments. RILA supports 

including the option for multi-action 

locking mechanisms, especially for 

products where it may not be feasible to 

secure battery compartments with an 

enclosure that requires a tool. The Toy 

Association opines that multi-action 

locking mechanisms are susceptible to 

be opened by applying forces in a single 

action or for one or both mechanisms to 

be disengaged, reducing the safety or 

efficacy of the mechanism. The Toy 

Association also comments that multiaction locking mechanisms may present 

a ‘‘false positive’’ to the consumer, 

appearing to be closed but susceptible to 

opening upon product operation. 

Response 5: We agree with RILA that 

multi-action locking mechanisms can be 

a safe and effective alternative method 

to securing battery enclosures. Many 

products that use button cell or coin 

batteries are small and sometimes may 

not have enough space in the design to 

incorporate a screw to secure the battery 

enclosure. Therefore, providing multiaction locks as an alternative provides 

industry with some flexibility for 

designing their products in a safe 

manner. Staff’s review of consumer 

products demonstrates a variety of 

different multi-action locking 

mechanisms that can be effective. 

Moreover, both the NPR and UL 

4200A–2023 address the Toy 

Association’s concerns. To address 

incidents involving multi-action locks 

that could be opened with a single 

action, and to ensure consistent and 

reliable testing, the NPR specified that 

‘‘[t]he movements to open cannot be 

combinable to a single movement with 

a single finger or digit.’’ 88 FR 8721. 

Section 5.5(b) of UL 4200A–2023 also 

contains this language to clarify 

requirements for multi-action locking 

mechanisms. Because the actions must 

be simultaneous, the first action must be 

maintained while the second and 

successive actions are completed for the 

lock to open. If the design of the 

mechanism allows the battery 

compartment to open when the first 

action disengages, the battery 

compartment does not comply with the 

requirements of UL 4200A–2023. 

Therefore, the requirements of the UL 

standard and this DFR are intended to 

prevent the scenario envisioned by the 

Toy Association. 

Additionally, regarding the Toy 

Association’s comment on multi-action 

locking mechanisms presenting a ‘‘false 

positive’’ in which they appear to be 

closed, this scenario may occur in both 

multi-action locking enclosures and 

enclosures secured via screws or other 

fasteners. After replacing the battery, 

consumers may inadvertently neglect to 

screw or retighten a fastener, leaving the 

enclosure ineffective. To decrease this 

risk for all products, regardless of their 

battery compartment securement design, 

UL 4200A–2023 requires that all 

products containing a button cell or 

coin battery include warnings in 

product instructions to ensure proper 

securement of the battery enclosure. 

Comment 6: Four commenters 

(coalition of medical and consumer 

organizations, CTA, the Consumer 

Safety Consultancy (CSC), and Mark 

Strauch) recommend adding tests to 

prove the effectiveness of multi-action 

locking mechanisms because, for 

example, locking mechanisms requiring 

a push and turn could be opened 

accidentally. CTA opines that specifying 

independent hand movements cannot 

be combinable to a single movement is 

redundant, because if the end point of 

the first movement is the starting point 

of the second movement, then the 

movements would not be independent. 

CSC recommends that the requirement 

for multi-action locking mechanisms be 

revised to require independent and 

sequential motions rather than 

independent and simultaneous motions 

as proposed in the NPR. Strauch 

comments that the NPR’s clarification 

that ‘‘[t]he movements to open cannot 

be combinable to a single movement 

with a single finger or digit’’ is 

unnecessary and is an enforcement 

issue rather than an issue with the 

standard. 

Response 6: Multi-action locking 

mechanisms that secure button cell or 

coin battery compartments are adequate 


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to prevent access to children, so long as 

the actions cannot be combinable into 

one single action. Through testing, 

CPSC staff identified multiple products 

that were designed with the intent of 

requiring two independent actions to 

open the battery compartment that 

could be defeated by applying a single 

force to disengage the lock and expose 

the battery. Accordingly, the NPR 

included an additional clarification 

specifying, ‘‘[t]he movements to open 

cannot be combinable to a single 

movement with a single finger or digit.’’ 

This requirement addresses the 

concerns from the coalition of medical 

and consumer organizations’ comment 

that locking mechanisms that require a 

push and turn could be accidentally 

opened. 

The Commission disagrees with 

commenters that a final rule should 

require independent sequential actions, 

rather than simultaneous actions, 

because sequential actions can be 

achieved more easily than simultaneous 

actions. The requirement for at least two 

independent and simultaneous actions 

allows for sequential actions, so long as 

the first action is held by the consumer 

while the second action occurs. 

Independent sequential actions, by 

contrast, would not require that the first 

action be held by the consumer while 

the second action occurs for the battery 

compartment to open, making the 

scenario of a child accidentally opening 

the battery compartment more likely. 

UL 4200A–2023, as incorporated into 

this DFR, requires two independent and 

simultaneous movements that cannot be 

combined into a single movement. This 

requirement adequately addresses the 

risk of opening by young children or 

inadvertent action by older consumers, 

and provides testing laboratories with 

clearer criterion for assessing the 

adequacy of multi-action locking 

mechanisms. 

F. Whether the proposed secureness 

test based on UL 4200A–2020 is 

sufficient to address reasonably 

foreseeable use and abuse of consumer 

products containing non-removable 

batteries. 

Comment 7: ITI asked for clarification 

on how the secureness test is applied to 

products, questioning whether the force 

application per the secureness test is to 

the exterior battery enclosure or to the 

battery itself. 

Response 7: Under § 1263.3(f) of the 

NPR’s proposed rule, the secureness test 

was applicable only to button cell or 

coin batteries that are accessible based 

on proposed § 1263.3(d), which 

specifies removing ‘‘any part of the 

battery compartment enclosure that can 

be opened or removed without a tool or 

that can be opened or removed with 

anything less than two independent and 

simultaneous movements.’’ 

Section 6.4 in UL 4200A–2023 

contains a similar requirement. After 

removing any components, testers 

should apply an accessibility probe to 

any opening of the battery compartment. 

If the probe makes contact with any 

battery, the battery is considered 

accessible, and the secureness test 

applies a force, directed outwards, using 

the test hook on the battery itself at all 

points where an application of a force 

is possible. This step is intended to 

demonstrate that the battery cannot be 

liberated from the product. 

Comment 8: The CTA and ITI 

comment that the NPR incorrectly states 

that UL 4200A–2020 and IEC 62368–1 

do not require abuse testing for products 

with button cell or coin batteries ‘‘that 

are held fully captive by soldering, 

fasteners, or any equivalent means.’’ 

The commenters explain that UL 

62368–1 requires robustness tests for 

solid safeguards which address 

accessibility of other hazards such as 

shock, fire, mechanical, and burn. The 

commenters state that these 

requirements are independent of the 

button cell or coin batteries because 

they are general requirements for all 

solid enclosures or barriers. 

Response 8: The commenters are 

correct. UL 62368–1 requires all 

products containing solid safeguards to 

comply with the standard’s relevant 

robustness tests, which include a steady 

force test (i.e., small surface 

compression test), drop test, impact test, 

and other abuse tests based on the 

specific construction materials (such as 

glass or thermoplastic). These tests are 

required regardless of whether the 

product contains a button cell or coin 

battery. CPSC staff considered these 

comments in its revised appraisal of UL 

62368–1 and concluded that the 

securement test was otherwise 

adequately addressed with other 

requirements in the standard. See 

Briefing Memorandum of Staff’s Final 

Rule Briefing Package. 

CPSC’s proposed rule required 

products with non-removable button 

cell or coin batteries that are secured to 

the product via soldering, fasteners, or 

equivalent means to comply with the 

secureness test in § 1263.3(f), and not to 

the abuse testing in § 1263.3(e). UL 

4200A–2023 requires that button cell or 

coin batteries held fully captive by the 

use of soldering, fasteners such as rivets, 

or equivalent means must pass the 

secureness test in section 6.4 of UL 

4200A–2023. This requirement is 

similar to the NPR’s approach and is 

adequate to meet the requirements in 

Reese’s Law. 

G. Whether Test Probe 11 of the 

Standard for Protection of Persons and 

Equipment by Enclosures—Probes for 

Verification, IEC 61032, is adequate to 

verify accessibility of a button cell or 

coin battery in a battery compartment. 

Comment 9: Three commenters (CTA, 

ITI, and UL Solutions) recommend 

applying a 45 N force application with 

Test Probe 11 per UL 62368–1 and UL 

4200A–2020 to determine whether a 

battery can be liberated from a 

consumer product by children up to age 

six. CTA and ITI opine that the 50 N 

force in the NPR’s proposed rule, which 

was based on IEC 62115, is intended for 

a scope of children up to 14 years old, 

and is too great because Reese’s law is 

intended to protect children up to age 

six. Furthermore, they state the lack of 

incidents involving products certified to 

the 45 N requirement is evidence of 

adequacy. UL Solutions opines that the 

toy standard containing the 50 N force, 

IEC 62115, was developed based on the 

expectation that toys are continually 

used by children over its lifetime; 

whereas UL 4200A–2020 was developed 

assuming that children would likely 

come into contact with in-scope 

products, but not continually over the 

product’s lifetime. 

Response 9: Section 6.3.5.1 of UL 

4200A–2023 requires the higher force of 

50 N based on requirements in IEC 

62115 and IEC 61032. We disagree that 

the 45 N test in UL 4200A–2020 is 

adequate because the standard was 

developed for products that are not 

continuously used by children over a 

product’s lifetime. The 50 N compliance 

test accounts for reasonable, foreseeable 

use and abuse over the course of a 

product’s lifetime, presuming that most 

consumer products are likely to be 

accessible to children. Indeed, most of 

the incident data for button cell and 

coin battery ingestions involve batteries 

liberated from consumer products by 

children, including products that are 

not intended to be used by children. UL 

4200A–2023 now relies upon the test 

probe in IEC 61032, which specifies a 

force of 50 N. This higher force will 

adequately protect against children 

accessing button cell or coin batteries 

from consumer products during 

reasonably foreseeable use and misuse 

conditions, as required by Reese’s Law. 

H. Whether there are any additional 

performance requirements that should 

be considered, either for specific types 

of products, or in general. 

Comment 10: A coalition of medical 

and consumer organizations 

recommends adding a test to prove the 

effectiveness of multi-action locks. They 


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add that small, disc-shaped products 

that require a push and turn doubleaction can be mimicked by a child 

putting their hand on the product, 

putting the product on the floor, and 

then turning. 

Response 10: As explained in 

response to comments five and six, we 

agree that some multi-action locking 

mechanisms can be defeated by 

applying a single force, effectively 

combining the two motions of a doubleaction lock. For this reason, the 

proposed rule and UL 4200A–2023 

clarify that ‘‘[t]he movements to open 

cannot be combinable to a single 

movement with a single finger or digit.’’ 

Based on staff’s testing and review of 

consumer products, the Commission 

finds this clarification adequate for test 

laboratories to determine the 

effectiveness of multi-action lock 

designs without additional testing. 

Comment 11: Two commenters (a 

consumer and CTA) discuss the 

requirement for twist-on enclosures 

requiring a minimum of 90° rotation to 

remove. The consumer commenter 

recommended that a 90° rotation is 

insufficient whereas CTA considers this 

requirement adequate. 

Response 11: The requirement for 

minimum rotation angle for twist-on 

enclosures is based on a requirement in 

section 5.5(a) of UL 4200A–2020. This 

requirement is maintained in section 

5.5(a) of UL 4300A–2023. Based on 

staff’s testing and the lack of more 

stringent requirements in any other 

standards, CPSC does not have any data 

to support a greater rotation angle to 

prevent children ages six years and 

younger from accessing the button cell 

or coin battery. Accordingly, the 

Commission finds the 90ß rotation angle 

requirement as set forth in UL 4200A– 

2023 compliant with Reese’s Law 

section 2(a). 

I. Whether one or more performance 

requirements should be based on IEC 

62368–1, in addition to, or instead of, 

performance requirements based on UL 

4200A–2020. 

Comment 12: Two commenters (ITI 

and Garmin) discuss the fastener torque 

requirements based on Table 20 of UL 

60065. ITI comments that the torque 

requirements in § 1263.3(e)(1)(ii) for 

fasteners based on Table 20 of the 

Standard for Audio, Video and Similar 

Electronic Apparatus—Safety 

Requirements, UL 60065, are outdated 

and superseded by Table 37 of the 

Standard for Safety: Audio/Video, 

Information and Communication 

Technology Equipment—Part 1: Safety 

Requirements, UL 62368–1. Garmin 

comments that the fastener torque 

requirements from Table 20 of UL 60065 

do not consider small fasteners that 

cannot withstand the specified torque 

values. 

Response 12: Commission staff 

advises that Table 20 of UL 60065 is 

superseded by Table 37 of UL 62368–1 

as noted by ITI and Garmin, and 

recommends updating this reference 

table. While UL 4200A–2023 does not 

include this update, the comments do 

not suggest that this constitutes a failure 

to satisfy the requirements of Reese’s 

Law. Further, we disagree with 

Garmin’s position that Table 20 of UL 

60065 (and similarly Table 37 of UL 

62368–1) do not account for small 

fasteners. The torque values in these 

tables are dependent on the size of the 

fasteners, with the lowest torque 

requirement of 0.4 Nm for fasteners up 

to 2.8 mm in diameter. As discussed in 

Tab D of Staff’s NPR Briefing Package, 

fasteners that do not meet the minimum 

required torque often fail the 

preconditioning and abuse tests and 

therefore are inadequate to secure 

battery compartments and reduce the 

battery ingestion risk to children. 

J. Whether the proposed performance 

requirements are needed and are likely 

to eliminate or adequately reduce the 

ingestion hazard associated with access 

to button cell or coin batteries from 

consumer products. 

Comment 13: Three commenters 

(CPHE, FH, and AWA) opine that 

watches present a significantly lower 

risk than other products containing 

button cell or coin batteries. These 

commenters recommend imposing 

different requirements for accessing the 

battery for products designed to be 

opened by consumers versus those 

intended to be opened only by 

professionals. The commenters state 

that most watches are intended to be 

opened by professionals because 

watches cannot be opened without the 

use of special tool that is not 

commercially available; therefore, the 

risk that screws or the battery cover 

could be lost or discarded by consumers 

does not exist. 

Moreover, the commenters opine that 

the NPR’s proposed securement 

requirements are not feasible for 

watches because of the limited space 

within the product to implement more 

complex designs. The Switzerland 

Federal Department of Economic 

Affairs, Education and Research 

(Switzerland) similarly asks why the 

NPR does not differentiate the 

requirements for the removal or 

replacement of the button cell or coin 

batteries by the consumer themselves 

from removal by professionals. 

Response 14: The NPR proposed that 

watches would be required to comply 

with the requirements of § 1263.3(b) for 

removable batteries, which requires (1) 

twist-on covers with minimum torque of 

0.5 Nm to open and a minimum angle 

of rotation of 90°, or (2) fasteners must 

engage a minimum of two full threads 

and be held captive to the closure. We 

agree, however, with the commenters 

that products containing button cell or 

coin batteries that require a special tool 

to access, and can only be replaced by 

professionals, should have different 

requirements for battery accessibility 

than products with consumerreplaceable batteries. In particular, 

because the risk of discarding or losing 

an enclosure screw is low for products 

intended to only be opened by 

professionals, it is not reasonably 

necessary to impose a captive screw/ 

fastener requirement for such products 

to reduce the risk of injury to young 

children. 

Unlike the NPR, UL 4200A–2023 

contains different requirements for 

products with battery compartments 

only intended to be opened by a 

professional service center where 

children are not present. As explained 

in section II.A of this preamble, CPSC 

interprets UL 4200A–2023 consistent 

with its purpose, so that battery 

compartments intended to only be 

opened by a professional service center 

must have both appropriate labeling and 

inability for the battery compartment to 

be opened using a common household 

tool, such as a straight-blade 

screwdriver, a Phillips screwdriver, 

pliers, or a coin. Battery compartments 

that cannot be opened with a common 

household tool and have warnings 

stating that the battery is not to be 

replaced by the consumer are less likely 

to be opened by a consumer, and 

therefore do not need to have captive 

screws to address the ingestion hazard. 

At the same time, products intended to 

be opened only by professionals can be 

opened through reasonable, foreseeable 

use and abuse, exposing the button cell 

or coin battery. Accordingly, UL 4200A– 

2023 reasonably requires use and abuse 

testing for these products, to reduce the 

risk of children under six years old 

accessing a battery from a battery 

compartment. 

Comment 15: JEITA requests an 

exemption from the scope of the rule 

implementing Reese’s Law for products 

that use button cell or coin batteries that 

are not intended to be replaced by the 

user or cannot be removed (i.e., userinaccessible). JEITA notes that IEC 

62368–1 does not apply tests and 

warning label requirements if button 

cell or coin batteries cannot be removed 

because such products do not present a 

battery ingestion risk. 


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Response 15: Reese’s Law defines 

‘‘consumer products containing button 

cell or coin batteries’’ as ‘‘a consumer 

product containing or designed to use 

one or more button cell or coin batteries, 

regardless of whether such batteries are 

intended to be replaced by the 

consumer or are included with the 

product or sold separately.’’ Notes to 15 

U.S.C. 2056e. Therefore, the 

Commission’s implementing rule must 

address batteries that are not intended 

for consumer replacement. Moreover, 

we disagree with JEITA that all products 

containing button cell or coin batteries 

that are not intended to be replaced are 

adequately safe under Reese’s Law. 

Consumer products may experience use 

and abuse during the product’s life that 

may result in batteries becoming 

dislodged or otherwise accessible to 

children, even if the batteries are not 

intended to be user replaceable. For 

example, incident narratives collected 

by CPSC describe products without 

replaceable batteries that fall apart when 

dropped. See Footnote 1 in Tab A of 

Staff’s Final Rule Briefing Package. 

Comment 16: Two commenters (CTA 

and ITI) recommend that a drop test 

with three repetitions is adequate for 

some products. While the commenters 

state that they agree that ten total drops, 

as proposed in the NPR, are appropriate 

for hand-held products such as remote 

controls, they recommend that three 

drops are adequate for other portable 

products such as equipment that is 

transportable but not intended to be 

held in hand while in use. 

Response 16: As explained in section 

II.B. above, we agree that requiring ten 

drops for all consumer products is not 

reasonably necessary to reduce the risk 

of button battery access to children. UL 

4200A–2023 requires a different number 

of repetitions for the drop test, based on 

whether a product is considered ‘‘handheld’’ or ‘‘portable.’’ Per UL 4200A– 

2023’s drop test requirements, portable 

products are dropped three times and 

hand-held products are dropped ten 

times. The Commission finds that the 

approach taken in UL 4200A–2023 is 

reasonable and adequately protective 

under Reese’s Law. 

Comments in Response to Questions on 

Marking and Labeling Requirements 

K. Whether staff’s assessment [in 

section V.F of the NPR preamble] that 

virtually all consumer products can 

accommodate either the full warning or 

one of the scaled icons is accurate. 

Comment 17: Four commenters (The 

Toy Association, CTA, ITI, and RILA) 

do not support on-product warning 

labels, citing limitations due to small 

product size. Other concerns presented 

by commenters pertain to textured 

surfaces, product material, or 

unspecified ‘‘other’’ limitations. The 

Toy Association asserts that labeling 

requirements will add significant costs 

in terms of timing, tooling, and molding. 

Four commenters (JEITA, CTA, 

Household & Commercial Products 

Association (HCPA), and ITI) request 

exemptions from on-product labeling 

where button cell or coin batteries are 

not accessible and not intended to be 

replaced by the consumer. 

Response 17: Reese’s Law requires 

that, where practicable, warning labels 

be placed directly on a consumer 

product in a manner that is visible to 

the consumer upon installation or 

replacement of the battery. Even for 

products with non-replaceable batteries, 

Reese’s Law requires warning labels to 

be placed in a manner that is visible 

upon access to the battery compartment, 

where practicable. As summarized in 

Table 1b above, UL 4200A–2023 

satisfies Reese’s Law’s requirements for 

warning labels on consumer products 

and consumer product packaging. 

L. Whether the internationally 

recognized safety alert symbol, as shown 

in yellow color, indicating the presence 

of a button cell or coin battery, should 

be required on all consumer products 

containing such batteries. 

Comment 18: A coalition of medical 

and consumer organizations, RILA, and 

Landsdowne Labs support on-products 

alert symbols as some consumers are not 

aware that the product uses a button cell 

or coin battery. JEITA and ITI propose 

products that do not have user 

accessible batteries be exempt from 

requiring an alert. Garmin does not 

support the use of a color for alert 

symbol on the product. 

Response 18: Reese’s Law requires 

products containing button cell or coin 

batteries not intended for consumer 

replacement to have a warning label on 

the consumer product in a manner that 

is visible to the consumer upon access 

to the battery ‘‘as practicable.’’ 15 U.S.C. 

2056e(a)(2)(C)(ii). If it is impracticable 

to label the product, this information 

must be placed on the packaging or 

instructions. Id. Section 7 of UL 4200A– 

2023 meets these requirements. The 

Commission’s NPR proposed an 

alternative to the on-product warning 

label to increase the visibility that a 

product contains a button cell or coin 

battery and likelihood for all products to 

feature an alert where it otherwise may 

not be practicable. However, based on 

the comments, the proposed yellow 

color may not be clear or appropriate in 

all cases. Section 7B of UL 4200A–2023 

does not require use of the yellow color 

unless the label already uses more than 

one color. 

Comments in Response to Questions on 

Other Topics Posed in the NPR 

M. Whether a later or an earlier 

effective date would be appropriate to 

comply with the proposed requirements 

and to provide specific information to 

support such a later or an earlier 

effective date. 

Comment 19: Commenters differed in 

their recommendations for an effective 

date for a final rule of the Commission, 

from the proposed 180 days (consumer 

advocates) to up to 3 years 

(manufacturer associations). A few 

commenters provided detailed timelines 

of the necessary activities (product 

redesign, testing, certification sourcing, 

supply chain management, etc.) which 

ranged from 12 months to 36 months in 

total. A commenter also contended that 

additional time is required to accredit 

third party laboratories for a large 

variety of product types. Energizer and 

NEMA request that battery 

manufacturers be allowed to sell 

through their existing stocks of childresistant packaging and labels that were 

purchased to comply with section 3 of 

Reese’s Law. 

Response 19: Because the 

Commission determines that UL 4200A– 

2023, which is currently effective as a 

voluntary standard, meets the 

performance and labeling requirements 

in section 2(a) of Reese’s Law with 

regard to consumer products containing 

button cell and coin batteries, section 

2(e) of Reese’s Law states that UL 

4200A–2023 is treated as a consumer 

product safety rule as of the date of the 

Commission’s determination. 15 U.S.C. 

2056e(d) and (e). However, because the 

Commission is codifying its 

incorporation of UL 4200A–2023 in the 

Code of Federal Regulations, the DFR 

provides a 30-day effective date for that 

new rule. As noted, moreover, the 

Commission is granting a 180-day 

transitional period of enforcement 

discretion. 

N. In the initial regulatory flexibility 

analysis (IRFA), the number of small 

firms impacted and expected cost 

impact on small firms (as a percentage 

of annual revenue) of the proposed rule. 

Comment 20: One firm commented 

that staff’s estimate of a testing cost of 

$150 to $350 is too low and that a quote 

received by the firm to perform similar 

tests exceeded staff’s estimate by more 

than $1,650 per sample tested. The firm 

stated this would pose a substantial 

burden to the firm as they do not 

possess the necessary skill set or 

expertise to mitigate these costs by 


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developing a reasonable testing program 

in lieu of performing third party testing. 

Response 20: The Commission’s 

determination regarding UL 4200A– 

2023 is not required to be done through 

notice and comment rulemaking, and 

thus we have no requirement to provide 

a final regulatory flexibility analysis 

(FRFA) for this DFR. Nevertheless, staff 

collected an additional price quotation 

from an accredited test laboratory and 

revised the estimated testing cost from 

$150 to $350 per sample to $150 to $460 

per sample, as presented in Tab F of 

Staff’s Final Rule Briefing Package. 

Staff’s revised estimate is lower than the 

estimate provided by the commenter, 

which we do not find credible as a 

representative cost. 

Comment 21: One firm (Nite Ize) 

commented that CPSC failed to account 

for potential costs related to patent 

filing and enforcement. The firm 

expressed concern that current product 

patents for novel product lines would 

need new filings to provide robust 

intellectual property protection. 

Response 21: CPSC has not been 

provided with sufficient information to 

assess whether current consumer 

product patents would lose any or all 

value due to the implementation of 

Reese’s Law, or whether a new patent 

filing would be required to legally 

enforce intellectual property rights. We 

note, however, that a new patent filing 

could provide a longer period of 

protection, which could mitigate any 

loss in the value of prior patents. 

Comment 22: Nite Ize and the Toy 

Association state that the IRFA’s cost 

per product line estimates for research, 

development, and retooling are too low 

as CPSC failed to account for product 

lines that require unique solutions. 

Response 22: While a FRFA is not 

required, commenters do not provide 

specific alternative cost estimates or 

justification of their view. 

Comments Addressing Other Issues 

O. International regulations. 

Comment 23: Garmin and RILA 

support harmonization with Australia’s 

regulations addressing performance and 

labeling requirements for products 

containing button cell or coin batteries. 

Response 23: Reese’s Law requires the 

Commission to promulgate a rule that 

contains a performance standard that 

will eliminate or adequately reduce the 

risk of injury from button cell or coin 

battery ingestion and warning labels. 

Reese’s Law allows the Commission to 

rely on a voluntary standard if it 

determines that a voluntary standard 

would meet the performance and 

labeling requirements for a standard 

issued under section 2(a) of Reese’s 

Law. 15 U.S.C. 2056e(d)(1). The 

Australia regulation is not a voluntary 

standard. However, for the NPR, CPSC 

staff reviewed the voluntary standards 

referenced by the Australian regulation, 

and the Commission preliminarily 

determined that none of those standards 

met the requirements of Reese’s Law. 

Tabs D and E of Staff’s Final Rule 

Briefing Package, and section II of this 

preamble, contain updated assessments 

of the voluntary standards, including 

UL 4200A–2023, which is adequate to 

meet the performance and labeling 

requirements in section 2(a) of Reese’s 

Law. 

P. Silver-oxide battery chemistries. 

Comment 24: CPHE, FH, AWA, and 

Renata SA state that silver-oxide button 

cell and coin batteries should be 

excluded from a Commission rule 

implementing Reese’s Law because of a 

lack of fatal incident data with these 

batteries and children’s inability to 

access these batteries in watches. 

Duracell states that silver-oxide batteries 

should contain different warnings than 

lithium batteries because they are lower 

voltage. Switzerland asks whether silver 

oxide batteries could be excluded from 

the rule. 

Response 24: As reviewed in Tab C of 

Staff’s Final Rule Briefing Package, 

Jatana et. al. (2017) found in testing 

using an animal model that silver-oxide 

button or coin cell batteries caused 

severe esophageal injuries. Based on the 

medical literature, staff does not 

recommend excepting silver-oxide 

batteries from the scope of the final rule, 

and UL 4200A–2023 does not contain 

such an exception. 

Q. Firearm accessories and other 

household products containing button 

cell or coin batteries. 

Comment 25: Bushnell states that 

firearm accessories appear to be subject 

to the proposed requirements, and that 

the firearm itself is intended to act as 

the battery door or cover for these 

products. 

Response 25: Modular consumer 

products or component parts of 

consumer products containing button 

cell or coin batteries, like the firearm 

accessories described by the commenter, 

must meet the same requirements as 

other consumer products, independent 

of their intended use. Modular 

consumer products can be attached to or 

installed by a consumer on other 

products to change the host product’s 

design or capabilities. A modular 

consumer product, however, could 

foreseeably remain unattached from the 

product(s) it is designed to complement. 

To eliminate or adequately reduce the 

risk of injury from battery ingestion, 

these products must independently 

meet the performance requirements in 

the final rule, to prevent unintended 

access to button cell or coin batteries by 

children. 

Comment 26: A consumer safety 

consultant (Mary Toro) and RILA state 

that some products containing button 

cell or coin batteries are made of fragile 

materials (such as glass or ceramic 

materials) that are likely to break during 

the proposed testing protocol. RILA 

states that the testing proposed in the 

NPR is not appropriate for these 

products, and that alternative test 

methods should be allowed for such 

products. 

Response 26: The performance 

requirements in UL 4200A–2023 are 

likely to cause products made of 

materials like glass or ceramic to break. 

Because it is also reasonably foreseeable 

that a glass or ceramic product may 

break if knocked to the ground or 

dropped, which could make accessible 

to a child a button cell or coin battery 

contained inside, the button cell or coin 

battery could be further contained in a 

battery compartment that meets the 

requirements of the final rule. The 

manufacturer can test its product to 

ensure the product meets the 

requirements of the final rule, or use in 

its product a battery compartment that 

has already been tested or certified to 

the requirements, as allowed by 16 CFR 

part 1109. 

R. ‘‘Try Me’’ buttons. 

Comment 27: A consumer asks for 

clarification whether ‘‘Try Me’’ buttons 

containing button cell or coin batteries, 

that are used only in stores and not 

intended for sale, are within the scope 

of the final rule. UL Solutions states that 

products can incorporate ‘‘Try Me’’ 

buttons in retail displays or as part of 

product packaging, and their disposal 

should be addressed. 

Response 27: ‘‘Try Me’’ buttons are 

within the scope of the final rule 

because they are consumer products 

that are used by consumers. Purchase of 

a product is unnecessary to be 

considered a ‘‘consumer product’’ under 

CPSC’s jurisdiction. 15 U.S.C. 2052(a)(5) 

(stating, inter alia, that a consumer 

product is for ‘‘the personal use, 

consumption or enjoyment of a 

consumer in or around a permanent or 

temporary household or residence, a 

school, in recreation, or otherwise.’’). 

Consumers, including children, are 

subject to hazards associated with ‘‘Try 

Me’’ buttons. ‘‘Try Me’’ buttons may 

experience drops, impacts, and other 

patterns of use and abuse similar to any 

other product within the scope of the 

final rule and are therefore subject to the 

rule. In fact, CPSC is aware of at least 


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12See Footnote 6 in Tab A of the Staff’s Final 

Rule Briefing Package. 

one incident involving a coin battery 

from a ‘‘Try Me’’ button.12

S. Use of color in the requirements for 

marking and labeling. 

Comment 28: Several commenters 

(JEITA, Duracell, Garmin, HCPA, and 

CTA) state that the use of color on 

packing, instructions, or manuals, and 

on some consumer products, would be 

challenging and add costs to the 

manufacturing and printing process, 

particularly for those materials that do 

not already incorporate color. Duracell 

and Technet also stress that various 

product safety standards (e.g., ASTM 

F963, ANSI C18.3, or ANSI Z535 series) 

do not mandate the use of colors and 

accept black and white printing or 

contrasting colors to the background. 

Commenters state, however, that if color 

is used for the signal panel, then colors 

should conform to ANSI Z535.1 safety 

colors that correspond to the safety 

message. The Toy Association and RILA 

state that the use of color may not be 

reasonable to print on certain product 

materials, for example, colored or 

textured plastics. 

Response 28: Applying color to some 

materials (e.g., consumer product 

packaging, manuals, or other collateral 

material) that do not already contain 

color may present a burden to some 

manufacturers. UL 4200A–2023 requires 

the use of color when the subject 

materials already use printed color 

processing; otherwise, the use of black 

and white or contrasting colors is 

acceptable. The use of color is not 

specified in Reese’s Law; thus this 

variation from the NPR does not conflict 

with the statute and is safety neutral 

because the label or icon will visually 

align with other information on the 

display while ensuring that it is 

noticeable due to its contrast or color. 

T. Text size, icons, and alternative 

symbols for marking and labeling. 

Comment 29: Renata Batteries, ITI, 

The Toy Association, RILA, BAJ, and 

Duracell express cost concerns with 

increased packaging sizes required to 

accommodate larger warning labels and 

font sizes, especially for small products. 

Another commenter states that the 

minimum letter size requirements for 

packaging warnings may make other 

warnings on product packaging less 

prominent. 

Response 29: The NPR proposed that 

font size requirements for both onproduct and on-packaging warning 

labels be determined based on the size 

of the principal display panel (generally 

the front face) of the package or the 

product display panel (such as the 

surface area on, near, or in the battery 

compartment). Reese’s Law requires that 

warning labels clearly identify the 

hazard of ingestion, and this 

requirement is met when warning labels 

are displayed prominently on the 

principal display panel. For very large 

products or packages with principal 

display panels exceeding 400 inch2, the 

required letter size could be larger than 

standard font sizes usually referenced in 

other standards. 

UL 4200A–2023 contains the same 

size requirements set forth in the NPR. 

The minimum letter size is comparable 

to font sizes in other standards, and 

therefore of similar prominence when 

displayed on the same panel. The 

largest packaging will have ample room 

for additional warnings that are of 

comparable size to the requirements in 

the NPR. This level of prominence is 

appropriate to inform consumers which 

products contain button cell or coin 

batteries and to adequately reduce the 

risk of injury from ingestion. 

Comment 30: A consumer (Fo Xu) 

asks how to determine the size of the 

text for consumer products and its 

packaging and whether it is acceptable 

to use smaller size labels on the 

consumer products. Energizer requests 

clarification whether CPSC will identify 

the surface size for which the alternative 

on-product label can be used, or 

whether manufacturers can use 

reasonable judgement. 

Response 30: The NPR proposed that 

consumer products be durably and 

indelibly marked with a warning label 

on the product display panel that alerts 

the consumer of the presence of a button 

cell or coin battery. ‘‘Product display 

panel’’ was defined in proposed 

§ 1263.2(f). The NPR proposed that text 

size be determined based on table 1 in 

the regulation text, or if on a sticker 

label, using the minimum size 

requirements in § 1263.4(a)(7). UL 

4200A–23 incorporates these 

requirements from the NPR. The 

minimum text size is dependent on the 

size of the principal display panel or the 

product display panel. Manufacturers 

can use alternative on-product labels in 

situations where the full label does not 

fit in the measured product display 

panel area, as described in UL 4200A– 

2023. 

Comment 31: The Toy Association 

recommends that for consumer product 

packaging and instructions, the ‘‘Keep 

Out of Reach’’ icon be changed to the 

safety alert symbol for coin batteries 

because the intent of the icon is not to 

keep the consumer product away from 

children. 

Response 31: We agree with the 

commenter. Some products that contain 

button cell or coin batteries are intended 

for use by children, so using the ‘‘Keep 

Out of Reach’’ icon on those products 

may confuse consumers by appearing to 

instruct caregivers to keep the product, 

rather than the battery, away from 

children. To prevent consumer 

confusion, UL 4200A–2023 provides the 

option of replacing the ‘‘Keep Out of 

Reach’’ icon on consumer product 

packaging, as well as instructions, with 

the safety alert symbol to indicate 

‘‘Warning: Contains Coin Battery.’’ 

Accordingly, manufacturers will have a 

choice based on the product’s intended 

user. See Tab D of Staff’s Final Rule 

Briefing Package for a more detailed 

discussion of this issue. 

Comment 32: CTA states that in the 

NPR the proposed symbol for ‘‘Warning: 

Contains Coin Battery’’ has a different 

aspect ratio and is rotated farther than 

the internationally accepted symbols for 

coin and button cell batteries and that 

the symbol should match 

internationally recognized symbols. 

Response 32: While UL 4200A–2023 

includes the icon from the NPR, the 

button cell or coin battery portion of the 

symbol can be replaced with other 

internationally recognized symbols in 

ISO 7000–W0001 and IEC 60417–6367, 

to have consistency. 

U. Tolerances for values specified in 

the proposed rule. 

Comment 33: ITI comments that the 

proposed rule did not include 

tolerances for its specified values and 

opines that the purpose of tolerances is 

to give reasonable allowances (e.g., 

manufacturability and testability) that 

will not have a significant impact on 

test results. The commenter contends 

that eliminating tolerances could force 

unnecessary retesting or could make it 

impractical to apply the test without 

custom test equipment. ITI recommends 

including tolerances in the rule that 

align with voluntary standards. 

Response 33: Because the 

Commission is incorporating by 

reference UL 4200A–2023 as the 

mandatory standard, tolerances as stated 

in the UL standard are included in the 

final rule. 

V. Warning label permanency. 

Comment 34: RILA states that the 

permanency requirement for warning 

labels in the NPR is unclear. One 

commenter recommends on-product 

permanency be tested in accordance 

with the test requirements in UL 62368– 

1, section F.3.9. 

Response 34: We agree with the 

commenter that on-product warning 

label permanence should comply with 

the test requirements in UL 62368–1: 

F.3.9. This test evaluates the legibility of 

printed or screened markings and 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65287 

13Staff’s letter to the ASTM F15.22 subcommittee 

can be found here: https://www.cpsc.gov/s3fspublic/Letter-to-ASTM-F15-22-Reeses-Law-NPR230320.pdf?VersionId=6ZGPs5nSLh

BGlFdoz1IWHF1wo.oOgarH. 

ensures adhesive labels cannot be easily 

removeable by hand. Section 7D of UL 

4200A–2023 includes requirements for 

label permanence. All warning 

statements or icons shall be prominent, 

legible, easily discernable under normal 

lighting conditions, and permanently 

marked; and printed and screened 

markings are tested in accordance with 

the label permanency test method 

adapted from UL 62368–1, section 

F.3.10 (consistent with the requirements 

in UL 62368–1: F.3.9). 

W. CPSC’s statutory authority. 

Comment 35: The AWA filed a late 

comment stating that certain parts of the 

NPR’s proposed rule relating to 

securement of battery compartments 

constitute design or construction 

standards, which are not allowed by the 

CPSA or Reese’s Law. 

Response 35: To meet the 

performance requirements in UL 

4200A–2023 for securement of battery 

compartments, manufacturers may 

choose to use either any type of fastener 

that requires a tool of the manufacturers’ 

choice, or a multi-action locking 

mechanism. The market already 

employs many different battery 

compartment enclosure designs that 

depend on the size, shape, and materials 

of the consumer product. For example, 

remote controls include battery 

compartments that are either secured 

with screws or that slide out of the base 

(and typically require two independent 

and simultaneous actions to do so); 

many garage door openers require a tool 

to open but do not use screws or twiston access covers; and battery 

compartments in light-up clothing are 

frequently stitched into the clothing. 

Additionally, the UL 4200A–2023 

performance requirements specify that 

battery compartments for replaceable 

batteries using screws or fasteners are to 

remain captive to the battery 

compartment door, cover, or closure 

when loosened. These performance 

requirements do not specify how the 

manufacturer must design the battery 

compartment to ensure the screw or 

fastener remains captive. Many possible 

solutions exist, including a retaining 

washer, a press fit cap, a tether, or other 

means. 

X. Product categories. 

Comment 36: In response to the April 

11, 2023 Federal Register notice 

requesting comment on the Paperwork 

Reduction Act (PRA) burden associated 

with non-children’s products subject to 

the proposed rule (88 FR 21652), the 

China National Center of Standards 

Evaluation and P.R. China suggest that 

products be categorized by risk level 

depending on how frequently a child 

comes into contact with the products, 

and that CPSC should develop a list of 

products to which the regulation 

applies. 

Response 36: Although this comment 

was filed in response to the PRA notice, 

the comment is about the substance of 

the rule. The commenters’ suggestion to 

broadly qualify implementation of 

Reese’s Law is contrary to the 

requirements of the statute, which 

requires CPSC to promulgate a rule or 

identify a voluntary standard, with 

performance and labeling requirements, 

for all consumer products that contain 

or are designed to use button cell or 

coin batteries. The rule or voluntary 

standard must eliminate or adequately 

reduces the risk of ingestion to children 

six years old or younger during 

foreseeable use and misuse conditions. 

Accordingly, the Commission will not 

adopt the commenters’ suggestion to 

exclude from the Commission’s 

implementation of Reese’s Law a 

potentially large number of consumer 

products that are covered by the law 

and present at least some degree of 

ingestion hazard. 

Y. Toy products. 

Comment 37: In response to the April 

11, 2023, Federal Register notice 

requesting comment on the PRA burden 

associated with non-children’s products 

subject to the proposed rule (88 FR 

21652), Switzerland asks why products 

containing button cell or coin batteries 

that are subject to Reese’s Law must 

fulfill more stringent requirements than 

those imposed for toys that are 

compliant with the toy standard of 

ASTM F963, as incorporated by 

reference in 16 CFR part 1250. 

Response 37: Although this comment 

was filed in response to the PRA notice, 

the comment is about the substance of 

the rule and not about the paperwork 

burden. Section 4 of Reese’s Law, Notes 

to 15 U.S.C. 2056e, specifically exempts 

‘‘any toy product that is in compliance 

with the battery accessibility and 

labeling requirements’’ of 16 CFR part 

1250. Accordingly, toy products are not 

within the scope of the rule and are 

already covered by the existing toy 

standard. However, we agree with the 

commenter that the requirements for 

children’s and non-children’s products 

that contain button cell or coin batteries 

that are subject to this final rule are 

more stringent than those imposed for 

toys. On March 20, 2023, CPSC staff 

sent a letter to the ASTM F15.22 toy 

subcommittee requesting that the 

subcommittee consider changes to 

ASTM F963 which would adequately 

address incidents and hazards involving 

toys.13

Comments Addressing the PRA 

Z. The accuracy of CPSC’s estimate of 

the burden of the proposed collection of 

information. 

Comment 38: ITI, CTA, JEITA, AWA, 

and RILA believe that the CPSC 

underestimated the burden of the 

collection of information proposed in 

the NPR. ITI believes that the labor rates 

used may under-represent the burden 

cost. ITI and RILA request that CPSC 

provide additional detail on how the 

PRA burden estimates were derived. 

While CTA indicates that it is standard 

practice within the technology sector to 

include warnings on product labels, the 

labeling is different enough to warrant 

additional hourly PRA burden 

associated with labeling. Relatedly, ITI 

suggests that product labeling should 

not be considered ‘‘usual and 

customary’’ and is within the definition 

of ‘‘PRA burden.’’ 

ITI indicates that manufacturers may 

have more than two product families 

and therefore the estimate of 15,363 

firms with 2 products each understates 

the number of unique non-children’s 

products containing coin/button cells 

on the U.S. market. 

Response 38: Based upon the 

comments received, CPSC is adjusting 

its burden estimates upward, as shown 

in Table 6 in this preamble. 

Additionally, CPSC adopts a higher 

wage rate to represent total 

compensation costs for private industry 

workers in goods producing industries. 

We provide the substance of this revised 

PRA burden estimate in section X of this 

preamble. 

AA. Ways to reduce the burden of the 

collection of information on 

respondents, including the use of 

automated collection techniques when 

appropriate, and other forms of 

information technology. 

Comment 39: JEITA notes that the 

final rule would impose requirements 

different from those of international 

standards, and that this will burden 

manufacturers as labeling and testing for 

products intended for use in the United 

States would need to be completed 

separately from labeling and testing for 

other markets. 

Response 39: Burdens and potential 

efficiencies associated with testing to 

international standards, in addition to 

CPSC standards, are outside the scope of 


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65288 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

PRA burden estimates for the proposed 

rule. 

BB. The estimated burden hours 

associated with labels and hang tags, 

including any alternative estimates. 

Comment 40: ITI, CTA, JEITA, and 

AWA provide estimates of hourly 

burden for various industry sectors. See 

Tab A, Issue 36, in Staff’s Final Rule 

Briefing Package. CPSC did not receive 

any detailed estimates on the total 

number of respondents to which this 

collection would apply, but data 

provided by various commenters on the 

number of firms to which the collection 

would apply imply that CPSC has likely 

overestimated the number of 

respondents. Commenters provided 

alternative estimates for the frequency 

of response based upon the number of 

product families to which the rule might 

apply. However, these estimates were 

not provided at the establishment level 

and are therefore difficult to compare to 

CPSC estimates, which are based on 

U.S. Census Bureau establishment data. 

Response 40: Although burdens will 

vary for different industry sectors and 

by product as pointed out by 

commenters, the estimates provided by 

commenters generally support the 

Commission’s average burden 

calculations. CPSC assumes, moreover, 

that industry sectors responding to the 

public notice likely will experience 

comparatively large impacts from 

implementation of Reese’s Law. 

CC. The estimated respondent cost 

other than burden hour cost. 

Comment 41: JEITA believe that the 

cost of test samples should be included 

in the estimated respondent cost. 

Response 41: According to guidance 

provided by the Office of Management 

and Budget (OMB) and General Services 

Administration (GSA), the burdens 

calculated under the PRA typically do 

not include estimating the cost of test 

samples. See https://pra.digital.gov/ 

about/. 

Comments Addressing Out-of-Scope 

Issues 

Tab A of Staff’s Final Rule Briefing 

Package discusses comments received 

on topics that are out of scope for this 

rulemaking. 

IV. Commission Determination 

Regarding UL4200A–2023 and 

Description of the Final Rule’s 

Requirements 

After consideration of the public 

comments summarized in section III of 

this preamble and Staff’s Final Rule 

Briefing Package, and for the reasons 

given in this Federal Register notice, 

the Commission determines that UL 

4200A–2023 meets the performance and 

labeling requirements in section 2(a) of 

Reese’s Law for consumer products that 

contain button cell or coin batteries. 15 

U.S.C. 2056e(d)(1). The Commission 

does not make this determination with 

respect to the labeling of battery 

packaging, because UL 4200A–2023 

does not address the labeling of battery 

packaging. Pursuant to section 2(e) of 

Reese’s Law, UL 4200A–2023 is a 

consumer product safety rule on the 

date the Commission makes this 

determination, September 8, 2023. 

However, because the Commission is 

codifying the requirements in the Code 

of Federal Regulations, for purposes of 

the direct final rule, the rule is effective 

30 days after publication in the Federal 

Register. Furthermore, in recognition of 

the potential hardship resulting from 

immediate effectiveness of UL 4200A– 

23 as a mandatory standard in 

accordance with Reese’s Law, the 

Commission is granting a 180-day 

transitional period of enforcement 

discretion. 

Table 3 summarizes the performance 

requirements in UL 4200A–2023 

applicable to consumer products with 

battery compartments for replaceable 

button cell or coin batteries, and Table 

4 summarizes the standard’s 

performance requirements applicable to 

consumer products with battery 

compartments for non-replaceable 

button cell or coin batteries. 

TABLE 3—SUMMARY OF PERFORMANCE REQUIREMENTS IN UL 4200A–2023 FOR CONSUMER PRODUCTS WITH BATTERY

COMPARTMENTS FOR REPLACEABLE BUTTON CELL OR COIN BATTERIES

Button cell or coin batteries must not become accessible or liberated when tested to these requirements: 

Performance Requirements for Battery Compartment Securement (UL Section 5.2–5.6) 

Battery Compartment Securement 

Options (UL Section 5.5–5.6).

Option 1: Coin, screwdriver, or other tool. 

• Captive screws. 

Æ Exceptions for products containing batteries not intended to be replaced by the consumer. Such 

products shall have instructions and warnings that clearly state the battery is not to be replaced by 

the consumer. 

Æ Exception 1: Products that can only be accessed through the removal of multiple enclosures or panels using a tool. 

Æ Exception 2: Products that are only to be opened by a professional service center (where children 

are not present). 

• Two threads engaged or minimum torque + spin angle. 

Option 2: At least two independent & simultaneous hand movements. 

• Shall not be combinable to a single movement with a finger or digit. 

Accessibility Test (UL Section 5.3– 

5.4).

Open or remove any part of the compartment not meeting Option 1 or Option 2. Apply Tension Test for 

Seams from ASTM F963 on pliable materials, using a force of 70.0 N (15.7 lbf). Determine whether Test 

Probe 11 from IEC 61032 can touch the battery. 

Preconditioning Requirements (UL Section 6.2) 

Preconditioning in Oven (UL Section 6.2.1).Thermoplastics—7 hours at 158 °F or greater, based on operational temperature. 

Simulated Battery Replacement (UL 

Section 6.2.2).

Open/Close and remove/install battery 10 times. 

Use and Abuse Tests (UL Section 6.3) 

Drop Test (UL Section 6.3.2) .......... Handheld products are 10 drops while portable products are 3 drops. Each drop is from 1 m (39.4 in) on 

hardwood, in positions likely to produce maximum force. 

Impact Test (UL Section 6.3.3) ....... 3 impacts on battery compartment with steel sphere, 2 J (1.5 ft-lbf) of energy. 

Crush Test (UL Section 6.3.4) ........ 330 N ± 5 N (74.2 lbf ± 1.1 lbf) for 10 s, using 100 by 250 mm (3.9 by 9.8 in) flat surface. 


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14Section 1.3 of UL 4200A–2023 also states that 

the standard does not include ‘‘products that by 

virtue of their dedicated purpose and instructions 

are not intended to be used in locations where they 

may be accessed by children, such as products for 

dedicated professional use or commercial use in 

locations where children are not normally or 

typically present.’’ The Commission interprets this 

exclusion from the scope of the standard consistent 

with the Commission’s jurisdictional authority in 

section 3 of the CPSA. For example, products used 

solely in professional settings are within the 

jurisdiction of the Occupational Safety and Health 

Administration. However, consumer products 

generally available for use or purchase by 

consumers are within the Commission’s 

jurisdiction. 15 U.S.C. 2052(a)(5). 

15Notes to 15 U.S.C. 2056e. The term ‘‘consumer 

product’’ has the same meaning as that in section 

3(a) of the Consumer Product Safety Act (CPSA). 15 

U.S.C. 2052(a). 

TABLE 3—SUMMARY OF PERFORMANCE REQUIREMENTS IN UL 4200A–2023 FOR CONSUMER PRODUCTS WITH BATTERY

COMPARTMENTS FOR REPLACEABLE BUTTON CELL OR COIN BATTERIES—Continued 

Compression Test (UL Section 

6.3.4A).

Test from 16 CFR Part 1250, using a force of at least 136 N (30.6 lbf). 

Torque Test (UL Section 6.3.4B) .... Test from 16 CFR part 1250, using a torque of at least 0.50 Nm (4.4 in.-lbf). 

Tension Test (UL Section 6.3.4C) .. Test from 16 CFR part 1250, using a force of at least 72.0 N (16.2 lbf). 

Probe for Accessibility (UL Section 

6.3.5).

Apply 50 N to 60 N (11.2 lbf to 13.4 lbf) with Test Probe 11 from IEC 61032 to confirm compliance. 

TABLE 4—SUMMARY OF PERFORMANCE REQUIREMENTS IN UL 4200A–2023 FOR CONSUMER PRODUCTS WITH BATTERY

COMPARTMENTS FOR NON-REPLACEABLE BUTTON CELL OR COIN BATTERIES

Products that incorporate button cell or coin batteries that are not intended for user removal or replacement shall effectively prevent removal of 

the battery by the user or children. 

Option 1—Not Accessible (UL Section 5.7(a)).• Made inaccessible by an enclosure that meets the same applicable preconditioning and use and abuse 

test requirements as battery compartments for replaceable batteries. 

Option 2—May be Accessible (UL 

Section 5.7(b)).

• Secured with soldering, fasteners such as rivets, or equivalent means. 

• Confirmed with secureness test: test hook applies a force of 20 N ± 2 N (4.5 lbf ± 0.4 lbf) directed outwards for 10 s, at all possible points. Battery cannot liberate from the product. 

The warning label requirements for 

consumer products and consumer 

product packaging in UL 4200A–2023 

are substantively similar to the warning 

label requirements in the NPR (88 FR 

8706–09), with the following 

differences: 

• Colored markings must comply 

with the ISO 3864 series of standards; 

• Color is required only when the 

markings are printed on a label using 

more than one color; 

• Manufacturers may choose to use 

either the ‘‘Keep Out of Reach of 

Children’’ icon or the ‘‘Warning: 

Contains Coin Battery’’ icon on the 

consumer product packaging label; 

• Permanence of markings is tested 

consistent with the requirements in UL 

62368–1, section F.3.9; 

• Inclusion of an additional warning 

statement in instructions and manuals 

to ‘‘Always completely secure the 

battery compartment. If the battery 

compartment does not close securely, 

stop using the product, remove the 

batteries, and keep it away from 

children.’’ 

• Removal of requirements for battery 

package warnings because they are 

being finalized in a separate final rule, 

and removal of certain performance and 

technical data requirements proposed 

under section 27(e) of the CPSA, which 

are not being finalized at this time. 

In the following discussion, we 

provide a section-by-section summary of 

the final rule. 

A. Section 1263.1 Scope, Purpose, 

Effective Date, and Exemption 

Final rule § 1263.1(a) explains the 

scope and purpose of the safety 

standard required by Reese’s Law, as 

proposed in the NPR, with two 

modifications: the removal of the 

provision for units, which is addressed 

instead in UL 4200A–2023, and removal 

of the provision for battery package 

labeling, which is addressed in a 

separate final rule. 15 U.S.C 2056e, 

Public Law 117–171. Based on section 

2 of Reese’s Law, the scope of the final 

rule includes consumer products 

containing button cell or coin batteries, 

including the packaging of such 

consumer products and accompanying 

literature. 

Section 1.3 of UL 4200A–2023 

provides the scope of the voluntary 

standard, stating that the requirements 

apply to consumer products containing 

button batteries or coin cell batteries.14

This scope is consistent with Reese’s 

Law, which defines a ‘‘consumer 

product containing button cell or coin 

batteries’’ as ‘‘a consumer product 

containing or designed to use one or 

more button cell or coin batteries, 

regardless of whether such batteries are 

intended to be replaced by the 

consumer or are included with the 

product or sold separately.’’ 15 This 

definition includes products that are not 

sold with a battery but are designed to 

use a button cell or coin battery. 

Section 1263.1(b) of the final rule 

establishes the effective date of the 

direct final rule. Because the 

Commission determines that UL 4200A– 

2023 meets the requirements in section 

2(a) of Reese’s Law, section 2(e) of 

Reese’s Law provides that the voluntary 

standard is treated as a consumer 

product safety rule as of the date of the 

Commission’s determination. However, 

for the direct final rule, the effective 

date is 30 days after publication, as 

explained in section VII of this 

preamble. Consistent with section 6 of 

Reese’s Law (Notes to 15 U.S.C. 2056e), 

the rule requires that all consumer 

products and packaging containing 

button cell or coin batteries that are 

subject to the final rule, and that are 

manufactured or imported 30 days after 

publication of the final rule in the 

Federal Register, must comply with the 

requirements of this part. The 

Commission is granting a 180-day 

transitional period of enforcement 

discretion, to begin September 21, 2023. 

Final rule § 1263.1(c) describes the 

exemption in Reese’s Law for toy 

products that meet ASTM F963, as 

incorporated into 16 CFR part 1250. UL 

4200A–2023 excludes the same 

products from its scope. 

Final rule § 1263.1(d) retains the 

exception for button cell and coin 

batteries that do not pose an ingestion 

hazard as proposed, meaning zinc-air 

batteries. This exception is also stated in 

UL 4200A–2023. 

B. Section 1263.2 Definitions 

Final rule § 1263.2 provides 

applicable definitions as proposed in 

the NPR, explaining that the definitions 

in section 3 of the CPSA and section 5 


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65290 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

of Reese’s Law also apply to this rule. 

The final rule codifies several 

definitions from Reese’s Law relevant to 

requirements for consumer products 

containing button cell or coin batteries, 

such as ‘‘button cell or coin battery’’ and 

‘‘consumer product containing button 

cell or coin battery.’’ Definitions related 

to battery package labeling are being 

finalized in a separate final rule. 

C. Section 1263.3 Requirements for 

Consumer Products Containing Button 

Cell or Coin Batteries 

Final rule § 1263.3 incorporates by 

reference the requirements in UL 

4200A–2023, approved on August 30, 

2023, as the mandatory standard for 

performance and labeling of consumer 

products containing button cell or coin 

batteries. Sections 5 and 6 of UL 4200A– 

2023 contain performance requirements, 

and labeling requirements are in 

sections 7 and 8 of UL 4200A–2023. 

Tabs D and E of Staff’s Final Rule 

Briefing Package, and Tables 3 and 4 in 

this preamble, describe the performance 

and labeling requirements in UL 

4200A–2023 that are incorporated by 

reference. 

V. Testing, Certification, and Notice of 

Requirements 

Section 14(a) of the CPSA includes 

requirements for certifying that 

consumer products comply with 

applicable mandatory standards. 15 

U.S.C. 2063(a). Section 14(a)(1) 

addresses required certifications for 

non-children’s products, and sections 

14(a)(2) and (a)(3) address certification 

requirements specific to children’s 

products. 

Non-Children’s Products. Section 

14(a)(1) of the CPSA requires every 

manufacturer (which includes importers 

per 15 U.S.C. 2052(a)(11)) of a nonchildren’s product that is subject to a 

consumer product safety rule under the 

CPSA or a similar rule, ban, standard, or 

regulation under any other law enforced 

by the Commission to certify that the 

product complies with all applicable 

CSPSC-enforced requirements. 15 U.S.C. 

2063(a)(1). Section 14(g) of the CPSA 

contains content and availability 

requirements for certificates. 15 U.S.C. 

2063(g). 

Children’s Products. A ‘‘children’s 

product’’ is a consumer product that is 

‘‘designed or intended primarily for 

children 12 years of age or younger.’’ 15 

U.S.C. 2052(a)(2). Section 4 of Reese’s 

Law specifically exempts from the 

performance and labeling requirements 

in section 2 of the law, any toy product 

that is in compliance with the battery 

accessibility and labeling requirements 

in 16 CFR part 1250, the mandatory toy 

standard. However, all non-toy 

children’s products that contain button 

cell or coin batteries are subject to the 

final rule and must be tested by a CPSCaccepted third party laboratory and 

certified as compliant. 

The following factors are relevant 

when determining whether a product is 

a children’s product: 

• manufacturer statements about the 

intended use of the product, including 

a label on the product if such statement 

is reasonable; 

• whether the product is represented 

in its packaging, display, promotion, or 

advertising as appropriate for use by 

children 12 years of age or younger; 

• whether the product is commonly 

recognized by consumers as being 

intended for use by a child 12 years of 

age or younger; and 

• the Age Determination Guidelines 

issued by CPSC staff in January 2020, 

and any successor to such guidelines. 

Id. ‘‘For use’’ by children 12 years and 

younger generally means that children 

will interact physically with the product 

based on reasonably foreseeable use. 16 

CFR 1200.2(a)(2). Children’s products, 

for example, may be decorated or 

embellished with a childish theme, be 

sized for children, or be marketed to 

appeal primarily to children. Id. 

§ 1200.2(d)(1). 

Section 14(a)(2) of the CPSA requires 

the manufacturer or private labeler of a 

children’s product that is subject to a 

children’s product safety rule to certify, 

based on a third party conformity 

assessment body’s testing, that the 

product complies with the applicable 

children’s product safety rule. 15 U.S.C. 

2063(a)(2). The Commission’s 

requirements for children’s product 

testing and certification are codified in 

16 CFR part 1107. Section 14(a) of the 

CPSA also requires the Commission to 

publish a notice of requirements (NOR) 

for a third party conformity assessment 

body (i.e., testing laboratory) to obtain 

accreditation to assess conformity with 

a children’s product safety rule. 15 

U.S.C. 2063(a)(3)(A). Because some 

consumer products that contain button 

cell or coin batteries are children’s 

products, the direct final rule 

incorporating by reference UL 4200A– 

2023 is a children’s product safety rule, 

as applied to those products. 

The Commission published a final 

rule, codified at 16 CFR part 1112, 

entitled Requirements Pertaining to 

Third Party Conformity Assessment 

Bodies, that established requirements 

and criteria concerning testing 

laboratories. 78 FR 15836 (Mar. 12, 

2013). Part 1112 includes procedures for 

CPSC to accept a testing laboratory’s 

accreditation and lists the children’s 

product safety rules for which CPSC has 

published NORs. When CPSC issues a 

new NOR, it must amend part 1112 to 

include that NOR. CPSC did not receive 

any comments regarding the proposed 

NOR. Accordingly, this DFR amends 

part 1112, as proposed, to add the 

‘‘Safety Standard for Button Cell or Coin 

Batteries and Consumer Products 

Containing Such Batteries’’ to the list of 

children’s product safety rules for 

which CPSC has issued an NOR. 

Testing laboratories that apply for 

CPSC acceptance to test whether 

children’s products containing button 

cell or coin batteries comply with the 

new rule will have to meet the 

requirements in part 1112. When a 

laboratory meets the requirements of a 

CPSC-accepted third party conformity 

assessment body, the laboratory can 

apply to CPSC to include 16 CFR part 

1263, Safety Standard for Button Cell or 

Coin Batteries and Consumer Products 

Containing Such Batteries, in the 

laboratory’s scope of accreditation of 

CPSC safety rules listed on the CPSC 

website at: www.cpsc.gov/labsearch. 

VI. Incorporation by Reference 

Section 1263.3 of the direct final rule 

incorporates by reference UL 4200A– 

2023. In accordance with regulations of 

the Office of the Federal Register (OFR), 

1 CFR 51.5(b), section IV of this 

preamble, Commission Determination 

Regarding UL4200A–2023 and 

Description of the Final Rule’s 

Requirements, summarizes the 

provisions of UL 4200A–2023 that the 

Commission incorporates by reference 

into 16 CFR part 1263. The standard is 

reasonably available to interested 

parties in several ways. You may 

purchase a copy from Underwriters 

Laboratories, Inc (UL), 333 Pfingsten 

Road, Northbrook, IL 60062, or through 

UL’s website: www.UL.com. Before 

incorporation by reference, a read-only 

copy of UL 4200A–2023 is available for 

viewing on UL’s website at: https://

www.shopulstandards.com/. After CPSC 

incorporates the UL standard, a free, 

read-only copy is also available at: 

https://www.ulstandards.com/IBR/ 

logon.aspx. Finally, interested parties 

can schedule an appointment to inspect 

a copy of the standard at CPSC’s Office 

of the Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, 

telephone: 301–504–7479; email: cpscos@cpsc.gov. 

VII. Direct Final Rule Process and 

Effective Dates 

The Commission is issuing this rule 

as a direct final rule. Although the 

Administrative Procedure Act (APA; 5 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65291 

U.S.C. 551–559) generally requires 

agencies to provide notice of a rule and 

an opportunity for interested parties to 

comment on it, section 553 of the APA 

provides an exception when the agency 

‘‘for good cause finds’’ that notice and 

comment are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Id. 553(b)(B). 

Reese’s Law states that if the 

Commission determines that an alreadyeffective voluntary standard meets the 

requirements in section 2(a) of Reese’s 

Law before promulgating a final rule 

implementing those same requirements, 

then the voluntary standard shall be 

treated as a consumer product safety 

rule promulgated under section 9 of the 

CPSA (15 U.S.C. 2058) effective on the 

date of the Commission’s determination, 

which must be published in the Federal 

Register. 15 U.S.C. 2056e(d)–(e). 

The purpose of this direct final rule 

is to codify in the Code of Federal 

Regulations the requirements in UL 

4200A–2023 as the mandatory standard 

as for consumer products containing 

button cell or coin batteries, by 

incorporating by reference UL 4200A– 

2023. Although the Commission 

provided notice and collected comment 

on similar requirements in the NPR, 

Reese’s Law does not require a 

rulemaking if the Commission makes a 

favorable determination on a voluntary 

standard; therefore, once the 

Commission makes the determination 

under section 2(d) with regard to UL 

4200A–2023, the voluntary standard is 

treated as a consumer product safety 

rule. Accordingly, additional public 

comments would not lead to substantive 

changes to the direct final rule. Under 

these circumstances, notice and 

comment are unnecessary. 

In Recommendation 95–4, the 

Administrative Conference of the 

United States (ACUS) endorses direct 

final rulemaking as an appropriate 

procedure to expedite rules that are 

noncontroversial and that are not 

expected to generate significant adverse 

comments. See 60 FR 43108 (Aug. 18, 

1995). ACUS recommends that agencies 

use the direct final rule process when 

they act under the ‘‘unnecessary’’ prong 

of the good cause exemption in 5 U.S.C. 

553(b)(B). Consistent with the ACUS 

recommendation, the Commission is 

publishing this rule as a direct final 

rule, because CPSC does not expect any 

significant adverse comments. 

Unless CPSC receives a significant 

adverse comment within 14 days of this 

notification, the direct final rule will 

become effective 30 days after 

publication, on October 23, 2023 

(subject to a 180-day transitional period 

of enforcement discretion). In 

accordance with ACUS’s 

recommendation, the Commission 

considers a significant adverse comment 

to be ‘‘one where the commenter 

explains why the rule would be 

inappropriate,’’ including an assertion 

that undermines ‘‘the rule’s underlying 

premise or approach’’ or a showing that 

the rule ‘‘would be ineffective or 

unacceptable without change.’’ 60 FR 

43108, 43111. As noted, this rule 

codifies in the CFR a consumer product 

safety rule created by statute now that 

the Commission has made a 

determination under section 2(d) of 

Reese’s Law. 15 U.S.C. 2056e(d). 

If the Commission receives a 

significant adverse comment, the 

Commission will withdraw this direct 

final rule. Depending on the comment 

and other circumstances, the 

Commission may then incorporate the 

adverse comment into a subsequent 

direct final rule. 

Section 14(a)(3)(A) of the CPSA, 

however, requires that certification to an 

NOR is not effective until 90 days after 

publication of an NOR. 15 U.S.C. 

2063(a)(3)(A). Accordingly, to provide 

the mandatory period for third party 

laboratories to become ISO accredited 

and CPSC-accepted to perform testing to 

part 1263, third party testing and 

certification of children’s products 

subject to this rule is not required until 

on or after December 20, 2023. 

VIII. Environmental Considerations 

The Commission’s regulations address 

whether the agency is required to 

prepare an environmental assessment or 

an environmental impact statement. 

Under these regulations, certain 

categories of CPSC actions normally 

have ‘‘little or no potential for affecting 

the human environment’’ and therefore 

do not require an environmental 

assessment or an environmental impact 

statement. 16 CFR 1021.5(c)(1). Safety 

standards providing performance and 

labeling requirements for consumer 

products containing button cell or coin 

batteries fall within this categorical 

exclusion. 

IX. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act (RFA; 

5 U.S.C. 601–612) generally requires 

agencies to review proposed and final 

rules for their potential economic 

impact on small entities, including 

small businesses, and prepare regulatory 

flexibility analyses. 5 U.S.C. 603, 604. 

The RFA applies to any rule that is 

subject to notice and comment 

procedures under section 553 of the 

APA. Id. Although the Commission 

prepared an Initial Regulatory 

Flexibility Act analysis for the NPR to 

implement Reese’s Law and a Final 

Regulatory Flexibility Act analysis (see 

Tab F of Staff’s Final Rule Briefing 

Package) that provides information for 

the public, the Commission’s 

determination under section 2(d) of 

Reese’s Law, 15 U.S.C. 2056e(d), that UL 

4200A–2023 meets the performance and 

labeling requirements of section 2(a) of 

Reese’s Law, 15 U.S.C. 2056e(a), does 

not require notice and comment 

rulemaking. Because the Commission 

has determined that notice and the 

opportunity to comment are 

unnecessary for this DFR to codify UL 

4200A–2023 as the mandatory standard 

for consumer products containing 

button cell or coin batteries, the RFA 

does not apply with respect to the 

subject matter of this rule. 

X. Paperwork Reduction Act 

This DFR contains information 

collection requirements that are subject 

to public comment and review by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 (PRA; 44 U.S.C. 3501–3521). 

Under the PRA, an agency must publish 

the following information: 

D A title for the collection of 

information; 

D A summary of the collection of 

information; 

D A brief description of the need for 

the information and the proposed use of 

the information; 

D A description of the likely 

respondents and proposed frequency of 

response to the collection of 

information; 

D An estimate of the burden that will 

result from the collection of 

information; and 

D Notice that comments may be 

submitted to OMB. 

44 U.S.C. 3507(a)(1)(D). In this DFR, the 

Commission is amending the collection 

of information for children’s products to 

add the burden associated with 

performance and labeling requirements 

of the final rule, and is establishing an 

OMB control number for testing, 

certification, and paperwork retention 

requirements for general use, nonchildren’s products subject to this final 

rule. The Commission proposed to 

amend the children’s product collection 

in the NPR (88 FR 8717), and issued a 

separate Federal Register notice to 

collect comment on the estimated 

burden for testing and certification of 

non-children’s products. 88 FR 21652 

(April 11, 2023). In accordance with the 

PRA’s requirements, the Commission 

provides the following information: 

Title: (1) Amendment to Third Party 

Testing of Children’s Products, 

approved previously under OMB 


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65292 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

16The Commission is finalizing requirements for 

the labeling of button cell or coin battery packaging 

in a separate final rule published elsewhere in this 

issue of the Federal Register, but for convenience, 

consistency with the IRFA, and clarity to 

stakeholders, we include the PRA requirements for 

all non-children’s products subject to performance 

or labeling requirements for button cell or coin 

batteries in this single PRA analysis. 

17For purposes of Reese’s Law, a ‘‘toy product’’ 

is ‘‘any object designed, manufactured, or marketed 

as a plaything for children under 14 years of age.’’ 

Notes to 15 U.S.C. 2056e. 

Control No. 3041–0159 and (2) creation 

of new collection for Testing and 

Labeling of Non-Children’s Products 

Containing or Designed to Use Button 

Cell or Coin Batteries and Labeling of 

Button Cell or Coin Battery Packaging.16

Type of Review: Amendment of 

existing collection for Third Party 

Testing of Children’s Products, and 

creation of a new collection of 

information for testing and labeling of 

non-children’s products containing or 

designed to use button cell or coin 

batteries and labeling of button cell or 

coin battery packaging. Both children’s 

and non-children’s products subject to 

this rule require: (1) testing of products 

containing or designed to use button 

cell or coin batteries, including creating 

a certificate of conformity; however, 

unlike non-children’s products, 

children’s products require third party 

testing by a laboratory whose 

accreditation has been accepted by 

CPSC to conduct such testing; (2) 

labeling requirements for products and 

for button cell or coin battery packaging, 

including, as applicable, warnings on 

battery compartments, product 

packaging, accompanying written 

materials (i.e., instructions, manuals, 

hangtags, or inserts)); and (3) 

recordkeeping requirements. 

Summary, Need, and Use of 

Information: Based on the requirements 

in Reese’s Law, 15 U.S.C. 2056e(a) and 

(b), the proposed consumer product 

safety standard prescribes performance 

requirements for child-resistant battery 

compartments on consumer products, 

including children’s and non-children’s 

products, that contain button cell or 

coin batteries, and warning 

requirements for button cell and coinbattery packaging, consumer product 

packaging, consumer products, and 

instructions and manuals. These 

performance and labeling requirements 

are intended to reduce or eliminate 

injuries and deaths associated with 

children six years old and younger 

ingesting button cell or coin batteries. 

Children’s Products: Section 4 of 

Reese’s Law specifically exempts from 

the performance and labeling 

requirements in section 2 of the law, 

any toy product 17 that is in compliance 

with the battery accessibility and 

labeling requirements in 16 CFR part 

1250, Safety Standard Mandating ASTM 

F963 for Toys. However, some 

consumer products that are not toys 

subject to the toy standard are 

considered children’s products. A 

‘‘children’s product’’ is a consumer 

product that is ‘‘designed or intended 

primarily for children 12 years of age or 

younger.’’ 15 U.S.C. 2052(a)(2). The 

Commission’s regulation at 16 CFR part 

1200 further interprets the term. Section 

14 of the CPSA requires that children’s 

products be tested by a third party 

conformity assessment body, and that 

the manufacturer of the product, 

including an importer, must issue a 

children’s product certificate (CPC). 

Based on such third party testing, a 

manufacturer or importer must attest to 

compliance with the applicable 

consumer product safety rule by issuing 

the CPC. The requirement to test and 

certify children’s products falls within 

the definition of ‘‘collection of 

information,’’ as defined in 44 U.S.C. 

3502(3). 

The requirements for the CPCs are 

stated in section 14 of the CPSA, and in 

the Commission’s regulation at 16 CFR 

parts 1107 and 1110. Among other 

requirements, each certificate must 

identify: the manufacturer or private 

labeler issuing the certificate; any third 

party conformity assessment body on 

whose testing the certificate depends; 

the date and place of manufacture; the 

date and place where the product was 

tested; each party’s name, full mailing 

address, and telephone number; and 

contact information for the individual 

responsible for maintaining records of 

test results. The certificates must be in 

English. The certificates must be 

furnished to each distributor or retailer 

of the product and to the CPSC, if 

requested. 

The Commission has an OMB control 

number, 3041–0159, for children’s 

product testing and certification. This 

final rule would amend this collection 

of information to add testing and 

certification to the performance 

requirements for child-resistant battery 

compartments on children’s products 

(that are not toys) that contain button 

cell or coin batteries, as well as 

warnings on the packaging of these 

children’s products, the battery 

compartment of these children’s 

products, and any accompanying 

instructions and manuals, as set forth in 

the rule. The Commission did not 

receive any comment on the NPR’s 

estimated PRA burden for children’s 

products subject to this rule. The 

requirements in UL 4200A–2023 are 

materially similar to the NPR 

requirements and do not change the 

Commission’s PRA burden analysis. 

Accordingly, CPSC has submitted the 

information collection requirements of 

this final rule for children’s products 

containing button cell or coin batteries 

to OMB for review in accordance with 

PRA requirements. 44 U.S.C. 3507(d). 

Non-Children’s Products: This 

collection of information is solely for 

non-children’s consumer products, 

meaning (1) performance and labeling 

requirements for products that contain 

or are designed to use button cell or 

coin batteries and are not designed or 

intended primarily for children 12 years 

old or younger, and (2) labeling of 

packages containing button cell or coin 

batteries. 15 U.S.C. 2052(a)(2); 16 CFR 

part 1200. Section 14(a) of the CPSA 

requires that manufacturers (including 

importers) of non-children’s products 

subject to a rule issue a general 

certificate of conformity (GCC). 

GCCs certify the products as being 

compliant with applicable regulations 

and must be based on a test of each 

product or a reasonable testing program. 

Unlike children’s products, products 

that have GCCs are not required to 

undergo third party testing. Section 

14(g) and 16 CFR part 1110 state the 

requirements for GCCs. Among other 

requirements, each certificate must 

identify: the manufacturer issuing the 

certificate; any laboratory conducting 

testing on which the certificate depends; 

the date and place of manufacture; the 

date and place where the product was 

tested; each party’s name, full mailing 

address, and telephone number; and 

contact information for the individual 

responsible for maintaining records of 

test results. The certificates must be in 

English. The certificates must be 

furnished to each distributor or retailer 

of the product and to the CPSC, if 

requested. 

CPSC received nine comments in 

response to the estimated PRA burden 

for non-children’s products. Based on 

the comments, CPSC is increasing the 

estimated PRA burden as described in 

this section of the preamble, and will 

submit these revised estimates to OMB 

for review. 

Respondents and Frequency: 

Respondents include manufacturers and 

importers of non-toy children’s products 

and non-children’s products that 

contain, or are designed to use, button 

cell or coin batteries. Manufacturers and 

importers must comply with the 

information collection requirements 

when children’s and non-children’s 

products that contain button cell or coin 

batteries are manufactured or imported 

after the effective date of the rule. 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65293 

18The March 2023 hourly total compensation 

costs for private industry workers in goods 

producing industries is $43.62, according to the 

Continued 

Estimated Burden: CPSC has 

estimated the respondent burden in 

hours, and the estimated labor costs to 

the respondent. 

Estimate of Respondent Burden for 

Non-Toy Children’s Products: The 

hourly reporting burden imposed on 

firms that manufacture or import nontoy children’s products that contain 

button cell or coin batteries include the 

time and cost to maintain records 

related to third party testing, the time to 

issue a CPC, and the time to include 

required warning labels on children’s 

product battery compartments, 

children’s product packaging, and to 

update instructions or manuals with 

required warnings. 

TABLE 5—CHILDREN’S PRODUCTS ESTIMATED ANNUAL REPORTING BURDEN

Burden type Total annual 

responses 

Length of 

response 

Annual 

burden 

(hours) 

Third-party testing, recordkeeping and record maintenance ...................................................... 6,046 5.0 hours 30,230 

Certification and labeling ............................................................................................................. 1,209 1.0 hours 1,209 

Total Burden ......................................................................................................................... ........................ ........................ 31,439 

Three types of third party testing of 

children’s products are required: 

certification testing, material change 

testing, and periodic testing. 

Manufacturers must conduct sufficient 

testing to ensure that they have a high 

degree of assurance that their children’s 

products comply with all applicable 

children’s product safety rules before 

such products are introduced into 

commerce. 16 CFR 1107.20(a). If a 

manufacturer conducts periodic testing, 

they are required to keep records that 

describe how the samples of periodic 

testing are selected. 16 CFR 1107.21 and 

1107.26. 

CPSC estimates that 0.4 percent of all 

children’s products sold annually, or 

6,046 children’s products, are children’s 

products that contain button cell or coin 

batteries and would be subject to thirdparty testing under this rule; for each of 

which 5.0 hours of recordkeeping and 

record maintenance will be required. 

Thus, the total hourly burden of the 

recordkeeping associated with 

certification is 30,230 hours (5.0 × 

6,046). Additionally, battery 

compartments, product packaging, and 

instructions and manuals must be 

updated to include the required 

warnings statements. We estimate that 

the time required to make these 

modifications is about 1 hour per 

product. Based on an evaluation of a 

sample of supplier product lines, there 

are a total of 1,209 affected products; 

therefore, the estimated burden 

associated with warnings and labeling is 

1,209 hours. 

We estimate the hourly compensation 

of workers in industries that will have 

PRA-relevant burden imposed by this 

collection is $36.80 (U.S. Bureau of 

Labor Statistics, ‘‘Employer Costs for 

Employee Compensation,’’ Sept. 2022, 

total compensation for all sales and 

office workers in goods-producing 

private industries: https://www.bls.gov/ 

news.release/archives/ecec_

12152022.pdf). Therefore, the estimated 

annual cost to industry associated with 

the collection burden for non-toy 

children’s products is $1,156,955 

($36.80 per hour × 31,439 hours = 

$1,156,955.2). No operating, 

maintenance, or capital costs are 

associated with the collection. 

This estimate is the largest burden 

reasonably possible, assuming that 

every manufacturer had to modify three 

product labels (battery compartment, 

packaging, and instructions/manual). 

However, many non-toy children’s 

products that contain button cell or coin 

batteries already contain some type of 

warning on the product or product 

packaging. Accordingly, product 

modification for warnings and any 

associated burden could be much lower 

than the estimate. 

Under the OMB’s regulations (5 CFR 

1320.3(b)(2)), the time, effort, and 

financial resources necessary to comply 

with a collection of information that 

would be incurred by persons in the 

‘‘normal course of their activities’’ are 

excluded from a burden estimate, where 

an agency demonstrates that the 

disclosure activities required to comply 

are ‘‘usual and customary.’’ To the 

extent that warning statements on one 

or more battery compartments, product 

packaging, and instructions/manuals are 

usual and customary for non-toy 

children’s products that contain button 

cell or coin batteries, CPSC can estimate 

that no burden hours are associated 

with the labeling requirements in the 

proposed rule. We requested comment 

on this potential estimate of no burden 

for warning labels and received no 

comment with regard to children’s 

products. The largest possible burden 

estimate for warning labels for 

children’s products stated in the NPR 

was 1,209 hours at a cost of $44,491 

annually. However, because we received 

no contrary comment on the estimate of 

no burden for children’s products, CPSC 

relies on the ‘‘usual and customary’’ 

exception and finalizes an estimate of 

no burden. 

Estimate of Respondent Burden for 

Non-Children’s Products: The PRA 

Federal Register notice (88 FR 21652) 

estimating the hourly reporting burden 

imposed on firms that manufacture or 

import non-children’s products that 

contain button cell or coin batteries, and 

firms that manufacture or import button 

cell or coin batteries, included the time 

and cost to create and maintain records 

related to testing of consumer products 

(including issuing a GCC), as well as 

product labeling, including required 

warning labels on, as applicable, 

consumer product battery 

compartments, product packaging, and 

accompanying written materials (i.e., 

instructions, manuals, inserts, or 

hangtags). 

Though data provided by commenters 

are helpful, commenters have compared 

one-time burden estimates to annual 

respondent burden calculated by CPSC. 

CPSC assumes suppliers will continue 

to introduce products on a rolling basis, 

and that up-front costs will diminish 

over time. 

Based on the comments, however, the 

Commission has revised the estimated 

burden. We have removed estimates for 

point-of-sale notices, including for 

websites offering the sale of button cell 

or coin batteries, because this 

requirement is not being adopted at this 

time. However, based upon the 

comments received (Comment 38 in 

section III of this preamble), CPSC is 

adjusting the burden estimates upward, 

as shown in Table 6. Additionally, 

CPSC adopts a higher wage rate to 

represent total compensation costs for 

private industry workers in goods 

producing industries.18


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65294 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

U.S. Bureau of Labor Statistics, Employer Costs for Employee Compensation (https://www.bls.gov/ 

news.release/archives/ecec_06162023.pdf). 

TABLE 6—ESTIMATED ANNUAL RESPONDENT BURDEN

[Revisions in bold, italics] 

Burden type Respondents Frequency of 

response 

Hours per 

response 

Annual burden 

(hours) 

Annual burden 

(costs) 

Labeling .......................................................................... 15,363 2 1 30,726 $1,332,586.62 

........................ 3 1.25 57,611.25 2,513,002.72 

Testing ........................................................................... 15,363 2 3 92,178 3,997,759.86 

........................ 3 3.5 161,311.5 7,036,407.63 

Recordkeeping ............................................................... 15,363 2 1 30,726 1,332,586.62 

........................ 3 1.25 57,611.25 2,513,002.72 

Total Burden ........................................................... ........................ ........................ ........................ 153,630 6,662,933.10 

........................ ........................ ........................ 276,534 12,062,413.10 

CPSC staff used establishment data 

from the U.S. Census Bureau by North 

American Industry Classification 

System (NAICS) code to estimate the 

number of entities with at least one 

product subject to the rule. Then, 

weights were assigned to each NAICS 

sector to estimate both the duration of 

the required response as well as the 

estimated average number of responses. 

See Table 7. Additionally, CPSC staff 

obtained estimates from testing 

laboratories on the costs of certification 

testing. For non-children’s products, 

CPSC assumes that firms will test inhouse or send the product to a lab for 

testing, but not both. Children’s 

products (that are not toys) subject to 

the rule must be third party tested by a 

CPSC-accepted laboratory. According to 

information collected, the cost of thirdparty testing varies but is consistent 

with an estimate of $261.72 per 

response ($12,62,413.10 ÷ 3 responses ÷ 

15,363 respondents = $261.72). 

TABLE 7—ESTIMATES BY NAICS SECTOR

NAICS code Industry 

weight 

Estimated 

PRA hours 

Estimated 

number of 

responses 

334118 ......... Computer Terminal and Other Computer Peripheral Equipment Manufacturing.0.035099 8 4 

334290 ......... Other Communications Equipment Manufacturing ........................................... 0.020788 8 4 

334310 ......... Audio and Video Equipment Manufacturing ..................................................... 0.029919 8 4 

335210 ......... Small Electrical Appliance Manufacturing ......................................................... 0.003445 8 4 

335912 ......... Primary Battery manufacturing .......................................................................... 0.005116 8 4 

335999 ......... All Other Miscellaneous Electrical Equipment and Component Manufacturing 0.023391 8 4 

339920 ......... Sporting and Athletic Goods Manufacturing ..................................................... 0.061625 2 1 

339940 ......... Office Supplies (except Paper) Manufacturing ................................................. 0.005479 2 1 

339999 ......... All Other Miscellaneous Manufacturing ............................................................ 0.037159 2 1 

423420 ......... Office Equipment Merchant Wholesalers .......................................................... 0.029336 2 1 

423430 ......... Computer and Computer Peripheral Equipment and Software Merchant 

Wholesalers.

0.38266 8 4 

423620 ......... Household Appliances, Electric Housewares, and Consumer Electronics 

Merchant Wholesalers.

0.131072 4 2 

423690 ......... Other Electronic Parts and Equipment Merchant Wholesalers ........................ 0.117874 8 4 

423910 ......... Sporting and Recreational Goods and Supplies Merchant Wholesalers ......... 0.060731 2 1 

423990 ......... Other Miscellaneous Durable Goods Merchant Wholesalers ........................... 0.056308 2 1 

Labor Cost of Respondent Burden for 

Non-Toy Children’s Products. 

According to the U.S. Bureau of Labor 

Statistics (BLS), Employer Costs for 

Employee Compensation, the total 

compensation cost per hour worked for 

all private industry workers in goodsproducing industries was $43.62 (March 

2023, https://www.bls.gov/news.release/ 

archives/ecec_06162023.pdf). Based on 

this analysis, CPSC estimates that labor 

cost of respondent burden would 

impose a cost to industry of 

approximately $12,062,413 annually 

(276,534 hours as stated in Table 6 × 

$43.62 per hour = $12,062,413.08). 

Cost to the Federal Government. The 

estimated annual cost of the information 

collection requirements to the Federal 

Government is approximately $4,448, 

which includes 60 staff hours to 

examine and evaluate the information, 

as needed, for Compliance activities. 

This is based on a GS–12, step 5 level 

salaried employee; the average hourly 

wage rate for a mid-level salaried GS– 

12 employee in the Washington, DC 

metropolitan area (effective as of 

January 2023) is $51.15 (GS–12, step 5). 

This represents 69.0 percent of total 

compensation (U.S. Bureau of Labor 

Statistics, ‘‘Employer Costs for 

Employee Compensation,’’ September 

2022, Table 2., percentage of wages and 

salaries for all civilian management, 

professional, and related employees: 

https://www.bls.gov/news.release/ 

archives/ecec_12152022.pdf). Adding 

an additional 31.0 percent for benefits 

brings average annual compensation for 

a mid-level salaried GS–12 employee to 

$74.13 per hour. Assuming that 

approximately 60 hours will be required 

annually, this results in an annual cost 


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Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 65295 

of $4,448 ($74.13 per hour × 60 hours 

= $ 4,447.8). 

CPSC has submitted the information 

collection requirements of this final rule 

for both children’s and non-children’s 

products to OMB for review in 

accordance with PRA requirements. 44 

U.S.C. 3507(d). 

XI. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), provides that when a consumer 

product safety standard is in effect and 

applies to a product, no state or political 

subdivision of a state may either 

establish or continue in effect a standard 

or regulation that prescribes 

requirements for the performance, 

composition, contents, design, finish, 

construction, packaging, or labeling of 

such product dealing with the same risk 

of injury unless the state requirement is 

identical to the Federal standard. 

Section 26(c) of the CPSA also provides 

that states or political subdivisions of 

states may apply to the Commission for 

an exemption from this preemption 

under certain circumstances. 

Section 2(a) of Reese’s Law requires 

the Commission to issue a ‘‘consumer 

product safety standard for button cell 

or coin batteries and consumer products 

containing button cell or coin batteries.’’ 

However, if the Commission makes a 

determination under section 2(d) of 

Reese’s Law, determining that an 

existing voluntary standard meets the 

requirements in section 2(a) of Reese’s 

Law, section 2(e)(1) of Reese’s Law 

states that such voluntary standard shall 

be treated as a consumer product safety 

standard promulgated under section 9 of 

the CPSA (15 U.S.C. 2058). Therefore, 

the preemption provision of section 

26(a) of the CPSA applies to all 

consumer products that fall within the 

scope of this DFR. 

XII. Congressional Review Act 

The Congressional Review Act (CRA; 

5 U.S.C. 801–808) states that, before a 

rule may take effect, the agency issuing 

the rule must submit the rule, and 

certain related information, to each 

House of Congress and the Comptroller 

General. 5 U.S.C. 801(a)(1). The 

submission must indicate whether the 

rule is a ‘‘major rule.’’ The CRA states 

that the Office of Information and 

Regulatory Affairs (OIRA) determines 

whether a rule qualifies as a ‘‘major 

rule.’’ Pursuant to the CRA, OIRA 

designated this rule as not a ‘‘major 

rule,’’ as defined in 5 U.S.C. 804(2). To 

comply with the CRA, CPSC will submit 

the required information to each House 

of Congress and the Comptroller 

General. 

List of Subjects 

16 CFR Part 1112 

Administrative practice and 

procedure, Audit, Consumer protection, 

Reporting and recordkeeping 

requirements, Third-party conformity 

assessment body. 

16 CFR Part 1263 

Administrative practice and 

procedure, Batteries, Consumer 

protection, Imports, Incorporation by 

reference, Infants and children, 

Labeling, Law enforcement. 

For the reasons discussed in the 

preamble, the Commission amends 

chapter II, subchapter B, of title 16 of 

the Code of Federal Regulations as 

follows: 

PART 1112—REQUIREMENTS 

PERTAINING TO THIRD PARTY 

CONFORMITY ASSESSMENT BODIES 

■ 1. The authority citation for part 1112 

continues to read as follows: 

Authority: Pub. L. 110–314, section 3, 122 

Stat. 3016, 3017 (2008); 15 U.S.C. 2063. 

■ 2. Amend § 1112.15 by adding 

paragraph (b)(55) to read as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

or test method? 

* * * * * 

(b) * * * 

(55) 16 CFR part 1263, Safety 

Standard for Button Cell or Coin 

Batteries and Consumer Products 

Containing Such Batteries. 

* * * * * 

■ 3. Add part 1263 to read as follows: 

PART 1263—SAFETY STANDARD FOR 

BUTTON CELL OR COIN BATTERIES 

AND CONSUMER PRODUCTS 

CONTAINING SUCH BATTERIES 

Sec. 

1263.1 Scope, purpose, effective date, and 

exemption. 

1263.2 Definitions. 

1263.3 Requirements for consumer 

products containing button cell or coin 

batteries. 

Authority: 15 U.S.C. 2052, 2056e. 

§ 1263. Scope, purpose, effective date, and 

exemption. 

(a) Scope and purpose. As required by 

Reese’s Law (15 U.S.C 2056e, Pub. L. 

117–171), this part establishes 

performance and labeling requirements 

for consumer products containing 

button cell or coin batteries to prevent 

child access to batteries during 

reasonably foreseeable use and misuse 

of the consumer product. The part is 

intended to eliminate or adequately 

reduce the risk of injury and death to 

children 6 years old and younger from 

ingesting these batteries. This part also 

establishes warning label requirements 

for packaging of consumer products 

containing button cell or coin batteries, 

these consumer products, and 

instructions and manuals accompanying 

these consumer products. 

(b) Effective date. Except as provided 

in paragraph (c) of this section, the 

effective date of § 1263.3 is October 23, 

2023. 

(c) Exemption for toy products. Any 

object designed, manufactured, or 

marketed as a plaything for children 

under 14 years of age that is in 

compliance with the battery 

accessibility and labeling requirements 

of 16 CFR part 1250 is exempt from the 

requirements of this part. 

(d) Batteries that do not present an 

ingestion hazard. Button cell or coin 

batteries that the Commission has 

determined do not present an ingestion 

hazard are not subject to this part. These 

are: zinc-air button cell or coin batteries. 

§ 1263.2 Definitions. 

In addition to the definitions given in 

section 3 of the Consumer Product 

Safety Act (15 U.S.C. 2052) and section 

5 of Reese’s Law (Notes to 15 U.S.C. 

2056e), the following definitions apply 

for purposes of this part: 

Button cell or coin battery means: 

(1) A single cell battery with a 

diameter greater than the height of the 

battery; or 

(2) Any other battery, regardless of the 

technology used to produce an electrical 

charge, that is determined by the 

Commission to pose an ingestion 

hazard. 

Consumer product containing button 

cell or coin batteries means a consumer 

product containing or designed to use 

one or more button cell or coin batteries, 

regardless of whether such batteries are 

intended to be replaced by the 

consumer or are included with the 

product or sold separately. 

Ingestion hazard means a hazard 

caused by a person swallowing or 

inserting a button cell or coin battery 

into their body whereby: 

(1) The button cell or coin battery can 

become lodged in the digestive tract or 

airways; and 

(2) Can potentially cause death or 

serious injury through choking, 

generation of hazardous chemicals, 

leaking of hazardous chemicals, 

electrical burns, pressure necrosis, or 

other means. 


ddrumheller on DSK120RN23PROD with RULES3
65296 Federal Register / Vol. 88, No. 182 / Thursday, September 21, 2023 / Rules and Regulations 

1To implement requirements in Reese’s Law for 

labeling of button cell or coin battery packaging, on 

September 8, 2023, the Commission voted (4–0) to 

publish this final rule. The Chair, and 

Commissioners Trumpka and Feldman, issued 

statements in connection with their vote, available 

at: https://www.cpsc.gov/s3fs-public/RCA-Reese-sLaw-Implementation-UL-4200A-2023-DFR-forButton-Cell-or-Coin-Batteries-and-Draft-FR-toAmend-Part-1263.pdf?VersionId=V56MNzyWa_

iXqZQlKCyOlRtjl9lcoFit. 

2The Notes of Reese’s Law, 15 U.S.C. 2056e, 

define the phrase ‘‘consumer product containing 

button cell or coin batteries’’ as ‘‘a consumer 

product containing or designed to use one or more 

button cell or coin batteries, regardless of whether 

such batteries are intended to be replaced by the 

consumer or are included with the product or sold 

separately.’’ 

3The information in this final rule is based on 

information and analysis provided in the August 

31, 2023, Staff Briefing Package: Draft Final Rule to 

Establish a Safety Standard for Button Cell or Coin 

Batteries and Consumer Products Containing Such 

Batteries (Staff’s Final Rule Briefing Package), 

available at: https://www.cpsc.gov/s3fs-public/ 

Reeses-Law-Implementation-CommissionDetermination-Regarding-UL-4200A-2023-andDraft-DFR-for-Button-Cell-or-Coin-Batteries-and-2- 

Draft-FR-to-Amend-Part-1263--LabelingRequirmnts-for-Button-Cell-or-CoinBatte.pdf?VersionId=PyTbnom1Oem

A3BWl9Z1lONzTlyqbcthW, and on the January 11, 

2023, Staff Briefing Package: Draft Proposed Rule to 

Establish a Safety Standard and Notification 

Requirements for Button Cell or Coin Batteries and 

Consumer Products Containing Such Batteries 

(Staff’s NPR Briefing Package), available at: https:// 

www.cpsc.gov/s3fs-public/NoticeofProposed

RulemakingSafetyStandardandNotification

RequirementsforButtonCellorCoin

BatteriesandConsumerProductsContaining

SuchBatteries.pdf?VersionId=kDinNeydktkt

3T8RRtzN4u1GTXPRjpEl. 

§ 1263.3 Requirements for consumer 

products containing button cell or coin 

batteries. 

Each consumer product containing 

button cell or coin batteries shall 

comply with ANSI/UL 4200A, Standard 

for Safety for Products Incorporating 

Button Batteries or Coin Cell Batteries, 

approved on August 30, 2023. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. This 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, 

telephone (301) 504–7479, email: cpscos@cpsc.gov. For information on the 

availability of this material at NARA, 

visit https://www.archives.gov/federalregister/cfr/ibr-locations or email 

fr.inspection@nara.gov. A free, readonly copy of the standard is available 

for viewing on UL’s website at https:// 

www.ulstandards.com/IBR/logon.aspx. 

You may also obtain a copy from 

Underwriters Laboratories, Inc (UL), 333 

Pfingsten Road, Northbrook, IL 60062, 

or through UL’s website: www.UL.com. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2023–20333 Filed 9–20–23; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1263 

[CPSC Docket No. 2023–0004] 

Safety Standard for Button Cell or Coin 

Batteries and Consumer Products 

Containing Such Batteries 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: In February 2023, as required 

by Reese’s Law, the U.S. Consumer 

Product Safety Commission (CPSC or 

Commission) issued a notice of 

proposed rulemaking (NPR) to establish 

performance and labeling requirements 

for consumer products containing 

button cell or coin batteries, and 

requirements for labeling of button cell 

or coin battery packages, to eliminate or 

adequately reduce the risk of injury 

from ingestion of button cell or coin 

batteries by children six years old and 

younger. Elsewhere in this issue of the 

Federal Register, the Commission is 

publishing a direct final rule to 

incorporate by reference a voluntary 

standard as the mandatory standard for 

consumer products containing button 

cell or coin batteries. The Commission 

issues this final rule to complete Reese’s 

Law requirements for warning labels on 

the packaging of button cell or coin 

batteries. Button cell or coin battery 

packaging subject to this final rule must 

be certified as compliant with these 

warning label requirements. 

DATES: This rule is effective September 

21, 2024. Button cell or coin battery 

packaging manufactured or imported 

after September 21, 2024, must comply 

with this final rule. 

FOR FURTHER INFORMATION CONTACT: 

William Cusey, Small Business 

Ombudsman, U.S. Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814; 

telephone 301–504–7945; email: sbo@

cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory 

Authority 1

On February 9, 2023, pursuant to 

Reese’s Law (Pub. L. 117–171, 15 U.S.C. 

2056e), the Commission published an 

NPR to establish a Safety Standard and 

Notification Requirements for Button 

Cell or Coin Batteries and Consumer 

Products Containing Such Batteries. 88 

FR 8692. Consistent with section 2(a) of 

Reese’s Law, the NPR proposed 

performance and labeling requirements 

for consumer products containing 

button cell or coin batteries 2 and 

labeling requirements for button cell 

and coin battery packaging. 15 U.S.C. 

2056(a). 

CPSC received 38 comments during a 

30-day comment period ending in 

March 2023; four of the comments were 

duplicates. CPSC received two late-filed 

comments; one is out-of-scope for this 

rulemaking. We also received nine 

comments in response to an April 11, 

2023 Paperwork Reduction Act (PRA) 

notice. 88 FR 21652. Most of the public 

comments concerned performance and 

labeling requirements for consumer 

products, which are addressed in the 

direct final rule, published elsewhere in 

this issue of the Federal Register, 

establishing 16 CFR part 1263. That 

direct final rule incorporates by 

reference ANSI/UL 4200A, Standard for 

Safety for Products Incorporating Button 

Batteries or Coin Cell Batteries, 

approved on August 30, 2023 (UL 

4200A–2023), as the mandatory 

standard for consumer products 

containing button cell or coin batteries. 

UL 4200A–2023 does not contain 

warning label requirements for button 

cell or coin battery packaging. 

Accordingly, in this final rule, pursuant 

to section 2(a)(2)(A) and 2(b) of Reese’s 

Law, we review and respond to the 

public comments related to warning 

labels for packaging of button cell or 

coin batteries and finalize a rule for 

such warning labels. 15 U.S.C. 

2056e(a)(2)(A) and (b). As explained in 

section I.D of this preamble, based on 

the comments, the final rule contains 

several modifications to requirements 

for battery package labeling from the 

NPR.3

A. Reese’s Law 

President Biden signed Reese’s Law 

on August 16, 2022. 15 U.S.C. 2056e. 

The purpose of Reese’s Law is to protect 

children six years old and younger 

against hazards associated with the 

ingestion of button cell or coin batteries 

during reasonably foreseeable use or 

misuse conditions. 15 U.S.C. 

2056e(a)(1). Section 5 of Reese’s Law 

broadly defines a ‘‘button cell or coin 

battery’’ as ‘‘(A) a single cell battery 

with a diameter greater than the height 

of the battery; or (B) any other battery, 

regardless of the technology used to 


ddrumheller on DSK120RN23PROD with RULES3