US CPSC Removes "Safety Standard for Magnet Sets" 16 CFR Part 1240 from Code of Federal Regulations

Top Quote On March 2, 2017, the CPSC removed "Safety Standard for Magnet Sets" 16 CFR 1240 from the Code of Federal Regulations following a decision by the U.S. Court of Appeals. End Quote
  • (1888PressRelease) March 31, 2017 - This action became effective on March 7, 2017, although it had legal effect immediately upon its filing on November 22, 2016.

    The CPSC met on March 1, 2017, and unanimously voted to remove the standard on March 2, a procedural formality following the court decision. In a separate motion at the same meeting, however, the CPSC voted 3-2 to revisit rulemaking on magnet sets and Commissioner Elliot Kaye instructed staff to begin preparing a new draft notice of proposed rulemaking.

    The removed final rule, entitled "Safety Standard for Magnet Sets" (magnet set rule), was originally published on October 3, 2014, under the authority of the Consumer Product Safety Act. 79 FR 59962. The rule determines the requirements for magnet sets and individual magnets that are intended or marketed to be used with or as part of magnet set.

    The CPSC defines magnet sets as any "aggregation of separable magnetic objects that is a consumer product intended, marketed or commonly used as a manipulative or construction item for entertainment, such as puzzle working, sculpture building, mental stimulation, or stress relief."

    The rule demands magnets contained within a magnet set, and that fit within the CPSC's small parts cylinder, must have a flux index of 50 kG² mm² or less per individual magnet. The same rules apply for magnets that are sold individually but are marketed or intended for use as part of a set. The rule also stipulated that the flux index should be determined by the method described in ASTM F963-11, Standard Consumer Safety Specification for Toy Safety.

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