Button Battery US Compliance Guide and Q&A

The United States passed the Reese's Law in August 2022, aimed at preventing children from accidentally ingesting button batteries in home or consumer products, and instructed the Consumer Product Safety Commission (CPSC) to develop relevant safety standards and rules.

The CPSC published two final rules in the Federal Register in September 2023, namely Federal Act 16 CFR part 1263. This bill stipulates that manufacturers or importers selling the following products in the US market must provide a Product Certificate for Children's Products (CPC) or a Certificate of Conformity for General Use Products (GCC).

Section 2 of the Ries Act requires CPSC to issue a rule for button batteries or button batteries, as well as consumer goods containing such batteries. The US Consumer Product Safety Commission (CPSC) has issued a direct final rule (88 FR 65274), which is incorporated by reference into ANSI/UL 4200A-2023 as a mandatory safety standard. These requirements are compiled in Title 16, Part 1263 of the United States Code of Federal Regulations and apply to consumer goods containing button batteries or button batteries manufactured or imported on or after October 23, 2023 (unless significant negative reviews are received before October 5, 2023). On or after December 20, 2023, there is no need for third-party testing and certification of children's products subject to 16 CFR Part 1263. This committee recognizes that the availability of testing may be limited and meeting mandatory requirements may pose difficulties; Therefore, this committee grants enforcement discretion to apply these requirements to products manufactured or imported after March 19, 2024.

The term 'button cell or button cell battery' as required by 16 CFR Part 1263 refers to a single cell battery with a diameter greater than the height of the battery. This rule excludes zinc air button batteries or button batteries from the scope of 16 CFR Part 1263.

According to ANSI/UL 4200A-2023, the requirements for consumer products containing or designed to use button batteries or button batteries are as follows:

The battery compartment containing replaceable button batteries or button batteries must be fixed so that it can be opened using tools or at least two independent and simultaneous hand movements.

Button batteries or button battery compartments shall not be allowed to access or release such batteries due to use and abuse testing.

The packaging of the entire product must come with a warning.

If feasible, the product itself must come with a warning.

The accompanying instructions and manual must include all applicable warnings.

According to regulations, if a toy product meets battery accessibility and labeling requirements, this rule does not apply to toy products designed, manufactured, or marketed as toys for children under 14 years of age. This guideline is incorporated by reference into ASTM F963, Title 16, Part 1250 of the United States Code of Federal Regulations. Section 4.25 of the toy standard includes requirements for battery powered toys.

In addition, according to Section 2 of the Ries Act, the Consumer Product Safety Commission has issued a separate final rule (88 FR 65296) establishing warning label requirements for packaging of button batteries or button batteries (including batteries packaged separately from consumer goods) under 16 CFR 1263.4 This requirement will apply to goods manufactured or imported after September 21, 2024. The packaging of button batteries or button batteries is subject to other requirements (see below).

Packaging of button batteries or button batteries - Ries's Law, Section 3

Article 3 of the Ries Act requires that "any button battery or button battery sold, offered for sale, manufactured for sale, commercially distributed, or imported into the United States, or separated from any consumer product sold, offered for sale, manufactured for sale, commercially distributed, or imported into the United States," be packaged in accordance with 16 CFR § 1700.15. This requirement shall take effect after February 12, 2023. Therefore, any goods manufactured or imported after February 12, 2023 must meet this packaging requirement. These packaging requirements do not apply to button batteries or button batteries manufactured or imported on or before February 12, 2023.

On March 8, 2023, the committee voted to instruct the Compliance and On site Operations Office to exercise enforcement discretion regarding packaging requirements for zinc air button batteries or button batteries (a technology used to power hearing aids and other hearing assistance technologies) under Section 3. According to the exercise of discretion, the special packaging of zinc air button batteries or button batteries will not be implemented until March 8, 2024. For more information on compulsory discretion, please refer to the committee's policy statement

For more information on the requirements of 16 CFR § 1700.15 and special packaging, please visit our PPPA business guidance page

According to regulations, button cells or button cell packaging that comply with ANSI C18.3M labeling and packaging regulations are not subject to the special packaging requirements in Section 3 of the Ries Act. You can access a read-only copy of the ANSI C18.3M standard here: NEMA IBR standard is available (ansi. org)

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Article 14 (a) of the Consumer Product Safety Act (CPSA) requires consumer product manufacturers subject to regulations, standards, or prohibitions enforced by CPSC to demonstrate compliance with the requirements of the standard by issuing a Children's Product Certificate (CPC) for children's products or a General Compliance Certificate (GCC) for general products. The certificate of products subject to Article 2 of the Ries Act must include the citation "16 CFR § 1263.3- Consumer Goods Containing Button Batteries or Button Batteries" or "16 CFR § 1263.4- Button Batteries or Button Battery Packaging Labels", depending on applicable requirements. The certificate for products subject to Section 3 of the Ries Act must include the citation "15 USC § 2056e - Button Battery or Button Battery Packaging".

Please note that according to Article 3 of the Ries Act, testing based on PPPA's special packaging requirements does not require third-party laboratories accredited by CPSC. Therefore, button cells or button cells packaged separately but included in children's products do not need to be tested by third-party laboratories accredited by CPSC. The CPC for such children's products must still include references to Section 3 of the Ries Act (see previous paragraph) and other applicable safety rules for children's products. The testing related parts of CPC may list multiple pieces of information as needed (such as multiple testing dates and locations).

Q1: What is a "button battery" or "button battery"?

Reese's Law applies to "button cells or button cells" and defines the term as any single cell battery with a diameter greater than the height of the battery, as well as any other battery determined by the committee to pose a risk of ingestion.

In order to meet the requirements of 16 CFR Part 1263, this committee determines that zinc air button batteries or button batteries do not pose a risk of ingestion; Therefore, such batteries are not subject to the requirements of 16 CFR Part 1263. Please note that according to Section 3 of Reese's Law, this type of battery still needs to comply with special packaging requirements (please refer to the FAQ below "What are the requirements of Reese's Law (P.L. 117-171)?

Q2: When does Risfa start to be implemented?

Due to different rules, effective dates, and discretionary powers, please refer to the following table for key dates:

Product Type | Requirements | Effective Date (and Source)

Button batteries or button battery packaging | Must use packaging that complies with 16 CFR § 1700.15 | Products manufactured or imported after February 12, 2023 (PL 117-171)

Zinc air button batteries or button battery packaging | must use packaging that complies with 16 CFR § 1700.15 | products manufactured or imported after March 8, 2024 (at the discretion of law enforcement)

Consumer goods containing or designed to use button batteries or button batteries (general purpose) | must meet the performance and labeling requirements of 16 CFR Part 1263 | products manufactured or imported on or after October 23, 2023 (88 FR 65274); Enforcement discretion until March 19, 2024

Consumer products (children) containing or designed to use button batteries or button batteries must meet the performance and labeling requirements of 16 CFR Part 1263. Products manufactured or imported on or after December 20, 2023 (88 FR 65274); Enforcement discretion until March 19, 2024

Button batteries or button battery packaging | Must meet the labeling requirements of 16 CFR § 1263.4 | Products manufactured or imported after September 21, 2024 (88 FR 65296)

Q3: What are the requirements of Risfa (P.L. 117-171)?

According to Section 2 of the Ries Act, the US Consumer Product Safety Commission has developed 16 CFR Part 1263, which is incorporated by reference into ANSI/UL 4200A-2023 as a mandatory standard and includes the following requirements for consumer products that contain or are designed to use button batteries or button batteries:

The battery compartment containing replaceable button batteries or button batteries must be fixed so that it can be opened using tools or at least two independent and simultaneous hand movements.

Button batteries or button battery compartments shall not be allowed to access or release such batteries due to use and abuse testing.

The packaging of the entire product must come with a warning.

If feasible, the product itself must come with a warning.

The accompanying instructions and manual must include all applicable warnings.

In addition, according to Section 2 of the Ries Act, the US Consumer Product Safety Commission has established warning label requirements for packaging of button batteries or button batteries. These contents can be found in 16 CFR § 1263.4.

Section 3 of the Ries Act requires button batteries or button batteries to be packaged in special packaging (child safe packaging and elderly friendly packaging), whether sold separately or included in consumer goods.

Is there any statutory exemption from the requirements of Section 2 of the Q4 Ries Law?

yes. According to regulations, toy products designed, manufactured, or sold are intended for use by children under 14 years of age, comply with battery accessibility and labeling requirements of 16 CFR Part 1250, also known as toy standards, and are not subject to the constraints of Article 2.

In addition, the committee determined that zinc air button batteries or button batteries do not pose a risk of ingestion; Therefore, such products are not subject to the constraints of 16 CFR Part 1263, which implements Section 2 of Ries' Law. However, zinc air button batteries or button batteries must still meet the special packaging requirements specified in Section 3 of Ries' Law.

Q5: Are there any exemptions from the packaging requirements in Section 3 of the Ries Law?

yes. According to regulations, batteries packaged in accordance with the labeling and packaging requirements of ANSI C18.3M portable lithium primary batteries and battery safety standards are not subject to the packaging requirements of Section 3. You can access a read-only copy of the ANSI C18.3M standard here: NEMA IBR standard is available (ansi. org)

Is the packaging of batteries containing technologies other than lithium eligible for exemption?

Yes, but it needs to meet the labeling and packaging requirements of ANSI C18.3M for portable lithium primary batteries and batteries.

Q7: How to meet the packaging requirements in Section 3?

Any button battery or button battery packaged according to the standards provided in this section, as described in Section 1700.15 of Title 16 of the United States Code of Federal Regulations, will meet the requirements of Section 3 by testing according to the methods described in Section 1700.20 of Title 16 of the United States Code of Federal Regulations (i.e. the Anti Toxic Packaging Act or PPPA standards). For more information about PPPA, please visit our "Anti Virus Packaging Law" business guide page and related common questions

Battery packaging that complies with the labeling and packaging requirements of ANSI C18.3M portable lithium primary batteries and battery safety standards is not subject to the requirements of Section 3 of the Ries Act.

Q8: Do I need to undergo both child testing and adult testing simultaneously?

Goods subject to Section 3 of the Ries Act, which pertains to Section 1700.15 of Title 16 of the United States Code of Federal Regulations, must undergo both child and adult testing. Refer to 16 CFR 1700.15 (b)

Q9: If my product meets the labeling and packaging requirements of ANSI standards, does this mean that I do not need to arrange child testing in accordance with 16 CFR § 1700.20?

no The ANSI safety standards for portable lithium primary batteries and batteries still require packaging to comply with 16 CFR 1700.15 (b) (1) and 1700.20 (a) (2) according to PPPA. This means that the packaging must meet the required level of child safety effectiveness, and the company must conduct child testing on its packaging in accordance with the provisions of 16 CFR § 1700.20 (a) (2).

Q10: Is there a certification requirement?

yes. If the manufacturer or importer of goods must comply with any requirements of the Ries Act, they must issue a Children's Goods Certificate (CPC) for children's goods or a General Compliance Certificate (GCC) for general goods. For more information about certificates, please visit our CPC Business Guide page and related frequently asked questions or GCC Business Guide page and related frequently asked questions

Please note that according to Section 3 of the Ries Act, testing conducted in accordance with PPPA's special packaging requirements does not require third-party laboratories accredited by CPSC. Therefore, button batteries or button batteries packaged separately but included in children's products do not need to be tested by third-party laboratories accredited by CPSC. The CPC for such children's products must still include references to Section 3 of the Ries Act and other applicable children's product safety rules. The part of CPC related to detection may list multiple pieces of information as needed (such as multiple detection dates and locations).

Does Risfa require any warnings or specific labels to be affixed to the packaging of button batteries or button batteries?

yes. The requirements for button batteries or battery packaging labels are specified in 16 CFR § 1263.4, which applies to button batteries or button battery packaging manufactured or imported after September 21, 2024.

If seeking exemption from Section 18.3 of Ries' Law due to compliance with ANSI C3M, it is important to remember that ANSI standards do require specific warning recommendations regarding packaging. Packaged button batteries or button batteries that comply with ANSI standards are not subject to the special packaging requirements of Section 3 (a) of the Ries Act, but are not subject to labeling requirements. Therefore, the labeling requirements in § 1263.4 apply to all button batteries or packaging of button batteries, even those that comply with ANSI C18.3M.

Q12: Do labels need to be colored?

not always. The referenced color scheme only needs to be in color when the label is printed in multiple colors (e.g. any color other than black and white).

Q13: Are medical devices subject to the requirements of the Reese Act?

Due to the exclusion of medical devices from the definition of "consumer goods," such products are not subject to Section 2 of the Consumer Product Safety Act (or 16 CFR Part 1263) However, according to the Federal Hazardous Substances Act, medical devices intended for children may be subject to the jurisdiction of the U.S. Consumer Product Safety Commission. If such products pose an unreasonable risk of serious injury or death, the company must report to the US Consumer Product Safety Commission, and the commission may seek to recall any such products that contain defects that pose a significant risk of harm to children.

Are retail product displays or other goods sold only in a business to business manner and in compliance with the requirements of the Reese Act?

yes. According to comments and responses 27 in 88 FR 65274, similar products displayed in stores that are not intended to be purchased by consumers but may be interacted with by consumers are subject to 16 CFR 1263.3 if they contain button batteries or button batteries.

Q15: Are promotional products subject to the requirements of the Reese Act?

yes. The promotional products provided to consumers are consumer goods subject to applicable CPSC requirements.

Q16: How should the area of the main panel or product display panel be calculated for unique shapes or packages with windows?

The projected area should be included in the area calculation to determine the size of the main display panel. For detailed guidance on calculating display panel area, please visit 16 CFR 1500.121 (c) (1)

Q17: Do products that can use button batteries or button batteries but are not sold together with batteries need to be labeled?

yes. 16 CFR § 1263.3 applies to consumer goods that contain or are designed to use button batteries or button batteries. The fact that a product does not actually contain batteries during manufacturing, import, or sale does not exempt it from its applicable requirements.

Q18: How should repackaged or refurbished goods be handled?

CPSA Section 3 (a) (10), 15 USC § 2052 (a) (10), states that the term "manufacture" means "to manufacture, produce, or assemble". Repackaging or refurbishing products is considered as "assembly". In addition, Section 14 (a) (1) of CPSA and 15 USC § 2063 (a) (1) require testing and certification of goods imported for consumption, storage, or commercial distribution after the enforcement date. If the product is repackaged or refurbished in the United States, it meets the requirements for "commercial distribution" and the finished product must comply with applicable requirements. Please note that Section 3 (a) (7) of CPSA, 15 USC § 2052 (a) (7), states that the terms "distribute in commerce" and "distribute in commerce" refer to selling, introducing, or delivering in commerce for the purpose of introducing commerce, or holding for sale or distribution after introducing commerce.

Therefore, goods repackaged or redecorated for introduction or delivery into commerce after March 19, 2024 must comply with the performance and labeling requirements of 16 C.F.R. § 1263.3, which includes the product and packaging requirements specified in 16 C.F.R. § 1263.3.

If repackaging or refurbishment occurs overseas and the product is imported on or after March 19, 2024, it must also comply with 16 C.F.R. § 1263.3.

If consumers ship their products outside the United States for repair and their intention is to retain the products for personal use and consumption after repair, rather than for distribution in interstate commerce in the United States, then consumers do not need to test or certify the products according to 16 CFR § 1263.3 when they re-enter the United States.

Q19: Can I use the blue "Keep out of reach of children" icon as a split label on the packaging?

no The complete labeling requirement for packaging in UL 4200A Section 7B. 1 mentions the use of Figure 7B. 1 or 7B. 2 (the latter containing a blue "out of reach of children" icon), but the split labeling requirement in Section 7B. 3 does not mention this icon. In addition, Section 7B. 1 of the complete label refers to the size requirements of two icons, but Section 7B. 3 only refers to the size requirements of the safety triangle with a battery icon.