The standard seeks to reduce or eliminate an unreasonable risk of death or injury to consumers who ingest one or more “hazardous magnets” from a “subject magnet product.”
A “subject magnet product” is a consumer product designed, marketed, or intended to be used for one or more of the following purposes:
- Entertainment
- Jewelry (including children’s jewelry)
- Mental stimulation
- Stress relief
Toys that are subject to the requirements of 16 CFR part 1250, which incorporates by reference ASTM F963, are exempt from the requirements in the magnet standard. Additionally, the standard excludes products used exclusively for educational, research, professional, commercial, and/or industrial purposes that are sold and/or distributed to one or more of the following:
- School educators
- Researchers
- Professionals
- Commercial or industrial users
A “hazardous magnet” is a magnet that fits entirely within the small parts test cylinder (see Figure 1 of 16 CFR § 1501.4) and has a flux index of 50 kG2mm2 or more when tested in accordance with the procedures outlined in sections 8.25.1 through 8.25.3 of ASTM F963.
A read-only copy of ASTM F963 is available on ASTM’s Reading Room at: https://www.astm.org/products-services/reading-room.html.
Yes. The definition of “subject magnet product” does not differentiate between consumer products containing magnet sets or individual magnets. Both types of products are subject to the magnet rule.
The rule was published in the Federal Register at 87 FR 57756 and may be cited as 16 CFR part 1262.
Yes. Section 14(a) of the Consumer Product Safety Act requires any manufacturer or importer of a product subject to a consumer product safety rule to certify that it complies. As a result, any manufacturer or importer of a product that meets the definition of a “subject magnet product” at 16 CFR § 1262.2(b), must issue a certificate of compliance (GCC or CPC) for that product.
For a general-use magnet product that is not subject to any other consumer product safety rule, this may mean that sections 6 and 7 of a General Certificate of Conformity (GCC) read “N/A”.
Yes. Such components would be considered within scope and must be tested to determine if they have a flux index of 50 kG2mm2 or more. The intent of the Safety Standard for Magnets is to address the ingestion and internal interaction of magnets capable of being ingested and interacting internally through body tissue.
The regulation does not define these terms, though firms should certainly exercise due diligence when assessing their products. The Safety Standard for Magnets is intended to address subject magnet products that pose a magnetic internal interaction hazard under reasonably foreseeable use. One recommendation may be to subject the product to use and abuse testing as outlined at 16 CFR §§ 1500.51, 1500.52, or 1500.53.