Full-size cribs that are manufactured, sold, resold, leased or otherwise placed in the commercial stream must meet all the requirements of the full-size crib standard. In addition, full-size cribs provided for use in daycares, family children`s homes, and public places (such as hotels and motels) must meet the standard requirements for full-size cribs. Enforcement guidance was published in 2011 outlining the obligations of child care providers to comply with updates to the 2010 standard. Cribs that are medical devices, as determined by the U.S. Food and Drug Administration, are not subject to the CPSC standard for full-size cribs. The standard prohibits traditional drop-off sides and has strict requirements for various parts of the crib, such as mattress supports, slats and accessories. Specifically, the key requirements for full-size cribs are: For cribs manufactured before June 28, 2011, when new retroactive safety regulations for full-size cribs were introduced, retailers should destroy all full-size cribs (with or without deposit pages) and not resell them. unless the seller has written proof that the crib meets the above standard. For cribs manufactured after June 28, 2011, assemble and ensure that cribs have all components, including all screws and hardware. Full-size cribs are subject to surface coating requirements, lead and phthalate limits, third-party testing and certification, registration cards, and tracking labelling requirements. These requirements are explained below: For more information on cots that are not full, click here. Federal law requires full-size cribs to meet the full-size crib standard and additional requirements, including those of the Consumer Product Safety Enhancement Act, 2008 (CPSIA).
The standard is published in the Code of Federal Regulations in 16 CFR Part 1219. The standard contains by reference ASTM F1169-19. Specific requirements and test descriptions for full-size cribs can be found in ASTM F1169-19 without modifications that can be purchased from ASTM. A full-size crib is a bed that: (1) provides sleeping arrangements for a baby; (2) is intended for use at home, in a childcare service, in a home childcare service or in a public place that interferes with commerce; and (3) has internal dimensions of 28 ± 5/8 inches (71 ± 1.6 centimeters) in width x 52 3/8 ± 5/8 inches (133 ± 1.6 centimeters) in length. The standard is intended to avoid the risk of death and injury due to falls or entrapment due to part failure, loosening or improper maintenance or assembly of the cradle. Bed mattresses, including those sold separately from a full-size bed, are children`s products that additionally require ongoing tracking information on the mattress and its packaging, including (1) the name of the manufacturer or trademark, (2) the place and date of manufacture, (3) detailed information about the manufacturing process, such as a lot or edition number, and (4) any other information, facilitate identification of the specific source of the product. In addition, crib mattresses are classified as childcare articles that facilitate sleep for children under 3 years of age. Therefore, they are subject to limits for certain phthalates and require testing and certification of these limits for the plasticized components of the crib mattress in accordance with 15 U.S.C. § 2057c. For more information on phthalate requirements, please visit our phthalates guidance page. In addition, crib mattresses are also subject to lead content and lead surface coating limits of 100 ppm and 90 ppm, respectively. For more information on these requirements, see our Total Lead Guide and Lead in Paint Guides.
Manufacturers and importers of nurseries must certify in a Children`s Product Certificate that the cribs meet the standard and additional requirements after the cribs have been tested for compliance in a third-party laboratory accepted by the CPSC. These requirements are explained in more detail in www.cpsc.gov/cpsia. Baby cot mattresses do not fall under the standard for full-size cribs. However, crib mattresses are subject to the flammability requirements of 16 CFR Part 1632 and 16 CFR Part 1633 mattresses. In addition, there is a voluntary standard for crib mattresses, ASTM F2933. For more information about these requirements, see Mattress flammability information. The CPSC strongly recommends that resellers consult the online recall list to ensure that cribs intended for resale were not part of a previous recall. For more information on nursery safety, visit the CPSC Crib Information Centre.
If you are a child care provider, please read our Enforcement Guidelines for Child Care Providers. To prevent the head from pinching and choking between the mattress and the sides of the crib, a mattress used in a full-size crib should be at least 27 1/4 inches x 51 1/4 inches, no more than 6 inches thick. The assembly instructions, the cradle sales box and the chamber itself must contain a specific warning indicating these dimensions. Under Texas` doctrine of “express negligence,” an indemnification clause that indemnifies a portion of the consequences of its own negligence is unenforceable unless the clause expressly and conspicuously states so. See for example this article and this and that. (Suggested by Rita Campanile.) To obtain copies of ASTM F1169-19, contact ASTM International at: www.astm.org or (610) 832-9585. Even without a lawyer`s fee clause, a party who successfully sues to enforce its rights under an oral or written contract is entitled to recover its reasonable attorneys` fees in addition to the amount of the claim and costs. See Tex. Civ. Prac. & Rem. Code § 38.001(8).
The Texas Supreme Court has ruled that this right of collection extends to a party suing for breach of warranty, not just breach of contract. Because the information that needs to be marked on the product (through the tracking label requirement and the registration card rule) is duplicated, you can combine the markings on the product to meet both requirements. Note that the tracking label must also appear on the product packaging. On the other hand, this right of recovery does not appear to include a party who successfully defends himself against an action for breach; To this end, the contract should contain a clause on the prevailing party`s lawyers` fees. For more information on this and other resale-related topics, see our Reseller Guide.
