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Gates and Enclosures Business Guidance

Section 104(b)(1) of the Consumer Product Safety Improvement Act of 2008 requires the CPSC to promulgate rulemaking for durable infant or toddler products. Implementing that Congressional instruction, CPSC published in the Federal Register (85 FR 40100) a final rule that codifies the regulation for gates and enclosures at 16 C.F.R. part 1239 and incorporates by reference ASTM F1004, with any modifications by CPSC. 16 C.F.R. § 1239.2 identifies the latest Commission-accepted version of ASTM F1004 that is mandatory as well as any modifications. See the “Previous Versions of the Standard” section below for effective dates.

An “expansion gate” as a “barrier intended to be erected in an opening, such as a doorway, to prevent the passage of young children, but which can be removed by older persons who are able to operate the locking mechanism”.

An “expandable enclosure” as a “self-supporting barrier intended to completely surround an area or play-space within which a young child may be confined”.

The scope of the standard notes applies to products intended for children aged 6 to 24 months.

The requirements for gates and enclosures are as follows:

  • General requirements
  • Performance requirements
    • Completely-bounded openings
    • Height of sides
    • Vertical strength
    • Bottom spacing
    • Configuration of uppermost edge
    • Latching/locking and hinge mechanisms
      • Pressure-mounted gates
      • Units with egress panels
      • Automatic closing systems
    • Horizontal push-out
    • Locking device
    • Toys
    • Slat strength test
    • Pressure-mounted gate-mounting hardware
    • Visual side-pressure indicators

Read-only copies of ASTM standards that are incorporated by reference can be viewed at ASTM’s electronic Reading Room.

Labeling

Per 16 CFR § 1130.4, the following information must be permanently affixed to durable infant or toddler products in English:

  • Name of domestic manufacturer or importer
  • Contact information (must include US address and phone number, toll-free if available)
  • Model name/number
    • Product identification number may be used as an identifying feature instead
  • Date of manufacture
    • Date must be at least month and year, and it can be stated in code form

This labeling requirement is in addition to the tracking label requirement for children’s products. This page summarizes the labeling requirements for durable infant or toddler products.

Registration Form

Product registration forms are required for all durable infant and toddler products to enable the manufacturer or retailer of the product to contact consumers with recall or other safety information. For more information, visit our registration forms business guidance page.

Previous Versions of the Standard

15 U.S.C. § 2056a(b)(4)(B) requires the CPSC to evaluate any updates to an incorporated ASTM standard for durable infant or toddler products to determine whether the revised standard improves the safety of the product. Firms must ensure that the product is tested to the Commission-accepted version of ASTM F1004 depending on its date of manufacture:

Manufactured after...Must meet...
January 21, 2023ASTM F1004-22
July 6, 2021ASTM F1004-19 with modifications; see 85 FR 40100

Certification

Section 14(a) of the Consumer Product Safety Act (CPSA) requires manufacturers and importers of children’s products subject to a regulation, standard, or ban enforced by the CPSC to certify that those products meet the requirements of the standard by issuing a Children’s Product Certificate (CPC). For gates and enclosures, the citation to use in section 2 of the CPC is “16 CFR part 1239 – Gates and enclosures”.

For more information on certification, visit our CPC business guidance page.

Additional Information

Contact

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