SGS : US Consumer Product Safety Commission Removed the Final Rule, 16 CFR Part 1240 Safety Standard for Magnet Sets

SAFEGUARDS | Consumer Products NO. 040/17

In response to a decision of the U.S. Court of Appeals, Consumer Product Safety Commission removed 'Safety Standard for Magnet Sets' 16 CFR 1240 and reserved the part.

On March 2, 2017 Consumer Product Safety Commission (CPSC) removed 'Safety Standard for Magnet Sets' 16 CFR 1240 [1] from the Code of Federal Regulations. The removal action was in response to a decision of the U.S. Court of Appeals that vacated the magnet set rule at 16 CFR part 1240 and reserved that part.

The action is effective on March 7, 2017; however the court order had legal effect immediately upon its filing on November 22, 2016.

Background

On October 3, 2014, the Consumer Product Safety Commission published a final rule titled 'Safety Standard for Magnet Sets' (magnet set rule) under the authority of the Consumer Product Safety Act. 79 FR 59962. The rule established requirements for magnet sets and individual magnets that are intended or marketed to be used with or as magnet sets. As defined in the rule, 'magnet sets' are aggregations of separable magnetic objects that are marketed or commonly used as a manipulative or construction item for entertainment, such as puzzle working, sculpture building, mental stimulation, or stress relief. Under the rule, if a magnet set contains a magnet that fits within the CPSC's small parts cylinder, each magnet in the magnet set must have a flux index of 50 kG² mm² or less; an individual magnet that is marketed or intended for use as part of a magnet set also must meet these requirements. The rule provided that the flux index is determined by the method described in ASTM F963-11, Standard Consumer Safety Specification for Toy Safety.

On 14 October 2014 [2] SGS published a Safeguard with detail information of the rule for magnet sets.

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