On August 16, 2022, President Biden signed Reese’s Law (P.L. 117-171), which directed the Consumer Product Safety Commission (CPSC) to adopt increased warning and product safety standards for products containing button cell and coin batteries, due to potential ingestion hazards for children. The law also included requirements regarding the packaging of button cell or coin batteries not sold already installed in consumer products.
The CPSC has created a page with information regarding these safety standards, which may be found here. NSSF Members are advised to review the requirements of these safety standards to ensure that they are in compliance with all warning and product design requirements. Further summary information about the requirements is provided below.
Key Definitions
“Button cell or coin batteries” are defined as single cell batteries with a diameter greater than their height or “any other battery, regardless of the technology used to produce an electrical charge, that is determined by the [CPSC] to pose an ingestion hazard.” The CPSC has specifically exempted zinc-air button cell or coin batteries from compliance.
“Consumer Product containing button cell or coin batteries” is defined 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.”
“Consumer Product” means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary
Consumer Product Safety Performance and Warning Requirement
Reese’s law mandated that the CPSC adopt a consumer product safety standard requiring that button cell or coin battery compartments on consumer products are secured in a manner that would “eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions.” The law also mandated that the CPSC adopt standards requiring warnings on the packaging of consumer products containing button cell or coin batteries, in literature accompanying such products, and as practicable directly on the product itself.
The CPSC has subsequently issued a direct final rule incorporating by reference ANSI/UL 4200A-2023 as a mandatory safety standard, codified at 16 CFR Part 1263. This rule took effect on October 23, 2023, and applies to consumer products manufactured or imported after that date.
The key requirements of this standard are as follows:
Battery compartments containing replaceable button cell or coin batteries must be secured such that they require the use of a tool or at least two independent and simultaneous hand movements to open;
Button cell or coin battery compartments must not allow such batteries to be accessed or liberated as a result of use and abuse testing;
The packaging for the overall product must bear a warning;
The product itself must bear a warning, if practicable; and
Accompanying instructions and manuals must include all of the applicable warnings.
Manufacturers are required to certify that their consumer products meet these standards in the form of a General Certificate of Conformity (GCC) for non-children’s products. Information on GCCs and how to produce them can be found here.
Battery Packaging Performance and Warning Requirements
Reese’s Law mandated that the CPSC adopt a safety standard requiring certain warnings to be included directly on the packaging of button cell or coin batteries themselves, whether packaged alone or included with a consumer product.
The CPSC has issued a final rule adopting warning requirements for these batteries which takes effect on September 21, 2024, and applies to all batteries manufactured or imported after that date.
The law also mandated that all such batteries be packaged in accordance with the requirements of 16 CFR § 1700.15. This requirement became effective on February 12, 2023. By law, button cell or coin battery packaging that is compliant with the marking and packaging provisions of ANSI C18.3M is not subject to the special packaging requirements of 16 CFR § 1700.15.
