In August 2022, the United States passed HR5313 Reese's Law, which aims to prevent children from being injured by accidentally swallowing button batteries and coin batteries. The second part of the bill explicitly requires the U.S. Consumer Product Safety Commission (CPSC) to develop consumer product safety standards for batteries that pose an ingestion hazard, such as button batteries or coin batteries. This legislation poses new compliance challenges for companies that manufacture and export products containing such batteries. On February 9, 2023, the CPSC issued a notice of rulemaking, which clearly stipulates the testing and labeling requirements for button batteries and coin batteries, as well as the labeling requirements for packaging.

1. Requirements and exemptions of the Reese Act

The Reese Act sets strict requirements for button batteries and coin batteries, especially safety standards and packaging regulations to prevent children from swallowing them. The following are the main requirements of the Reese Act and their exemptions:

1. Exemptions for toys

If the product is designed, manufactured and sold as a toy for children under 14 years old and has met the battery and labeling requirements of the federal mandatory toy safety standard 16 CFR 1250 (ASTM F963-17), the second part of the Reese Act does not apply. This means that toy products that meet the ASTM F963-17 standard have already met the necessary safety requirements in terms of batteries and labels, so there is no need to meet the additional requirements of the Reese Act.

2. Requirements for anti-toxic packaging of batteries

Title III of the Reese Act requires that any button or coin cell batteries sold or imported into the United States, as well as products containing these batteries, must be packaged in accordance with 16 CFR Part 1700.15 (Poison-resistant packaging standards). This standard requires that these batteries must be packaged in special child-resistant packaging to reduce the risk of accidental ingestion by children.

This requirement came into effect on February 12, 2023. This means that all relevant products manufactured or imported into the United States after this date must comply with this anti-toxic packaging requirement. However, products manufactured or imported before February 12, 2023 are not subject to this requirement.

3. Exemptions from ANSI C18.3M

If button or coin cells meet the marking and packaging requirements specified in the ANSI C18.3M standard, these products will be exempt from the special packaging requirements of Part III of the Reese Act. This standard mainly covers the safety requirements for portable lithium primary cells and other batteries. Products that meet this standard are considered safe enough and no longer require additional packaging requirements.

4. Temporary exemption for zinc-air batteries

On March 8, 2023, the CPSC voted to implement enforcement discretion on packaging regulations for zinc-air button or coin cells. This means that manufacturers of these batteries have been granted a one-year exemption from the special packaging requirements of Part III of the Reese Act until March 8, 2024. Zinc-air batteries are commonly used in hearing aids or other small electronic devices.

2. Certification requirements

To ensure that their products comply with the Reese Act and other relevant laws and regulations, manufacturers of button and coin cells must obtain the necessary compliance certifications.

1. Certification requirements stipulated by CPSA

According to Section 14(a) of the U.S. Consumer Product Safety Act (CPSA), consumer products within the scope of regulations, standards or bans enforced by the CPSC must undergo corresponding certification:

• Children's Product Certificate (CPC):For children's products, manufacturers must obtain a Children's Product Certificate (CPC) approved by the CPSC. This certificate proves that the product complies with all applicable children's product safety rules.
• General Certificate of Conformity (GCC):For common consumer products, manufacturers need to obtain a General Certificate of Compliance (GCC) to prove that the product complies with all relevant safety standards.

2. Special packaging testing for anti-poison packaging law

According to the requirements of the Poison Prevention Packaging Act (PPPA), the packaging of button batteries and coin batteries must undergo special packaging testing. However, this test does not need to be conducted by a CPSC-approved third-party laboratory. Instead, companies can conduct testing on their own or through non-CPSC-approved laboratories and make self-declarations based on the test results.

For button batteries and coin batteries contained in children's products, although the battery itself does not need to be tested by a CPSC-approved third-party laboratory, the children's product as a whole needs to have CPC certification. At the same time, the battery packaging needs to have an independent GCC certification to prove that it meets the requirements for anti-toxic packaging.

3. Certification exemption for ANSI C18.3M standard products

The certification requirement also does not apply to products that meet the ANSI C18.3M standard and are exempt from the special packaging requirements of Part III of the Reese Act. These products are already certified to the ANSI standard and therefore do not need to be certified to CPC or GCC.

3. Response Strategies and Suggestions

Faced with increasingly stringent regulatory requirements for button batteries and coin batteries in the United States, manufacturers and exporters need to adopt effective strategies to ensure that their products comply with regulations and enter the US market smoothly. Here are some suggestions:

1. Update product design and packaging in a timely manner

Companies should pay close attention to the latest regulations and standards issued by CPSC, ANSI and other institutions, and update product design and packaging in a timely manner to ensure that they meet the latest safety requirements. In particular, for products that do not meet the requirements of the Reese Act, their packaging and labeling should be adjusted as soon as possible to avoid compliance issues when they are sold in the US market.

2. Proactive product testing and certification

Although some of the testing requirements can be completed by yourself, in order to ensure the safety and market competitiveness of products, it is recommended that companies take the initiative to conduct testing in CPSC-approved third-party laboratories, especially for products with large export volumes. At the same time, companies should ensure that they obtain the necessary CPC or GCC certification to prove that their products meet US safety standards.

3. Strengthen cooperation with compliance experts and legal advisors

As US regulations and standards are updated frequently, companies should strengthen cooperation with compliance experts and legal advisors to ensure timely understanding and compliance with the latest regulatory requirements. With professional guidance, companies can better respond to market changes and reduce compliance risks.

Conclusion

The US Reese Act and other related regulations have increasingly stringent compliance requirements for button battery and coin battery products, especially in preventing children from swallowing them accidentally. In order to ensure that products meet the safety standards of the US market, companies must strictly comply with these regulations and obtain necessary certifications. By timely adjusting product design, proactively conducting testing and certification, and strengthening cooperation with legal counsel, companies can maintain a competitive advantage in the US market and ensure the compliance and safety of their products.