Tech Watch: CPSC publishes direct final rule for the marking of toy, look-alike, and imitation firearms

On 11 May 2023, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register a direct final rule (DFR) that would create a new 16 CFR part 1272 that adopts the existing Department of Commerce rule for the marking of toys, look-alike, and imitation firearms with non-substantive and conforming changes.

The DFR will become effective on 26 June 2023, unless the CPSC receives significantly adverse comments by 12 June 2023.

Scope:
With the adoption of 16 CFR part 1272, the scope of the requirements will be “toy, look-alike, and imitation firearms (‘devices’) having the appearance, shape, and/or configuration of a firearm.

The scope excludes:

• non-firing collector replica antique firearms, which are not intended as toys modelled on real firearms designed, manufactured, and produced prior to 1898;
• traditional B-B, paintball, or pellet-firing air guns that expel a projectile through the force of compressed air, compressed gas or mechanical spring action, or any combination thereof, as described in ASTM F589-85; and
• decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, that measure no more than 38 millimetres in height by 70 millimetres in length (the length measurement excluding any gun stock length measurement).

Requirements:
Under 16 CFR part 1272, no person shall manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm unless it is marked with one of the following:

• a blaze orange (AMS STD 595A-17 colour 12199) or orange colour brighter than that specified by the AMS standard colour number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 millimetres from the muzzle end of the barrel;
• a blaze orange (AMS STD 595A-17 colour 12199) or orange colour brighter than that specified by the AMS standard colour number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimetres;
• construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents; or
• colouration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant colour in combination with other colours in any pattern.

Waiver:
The marking requirement may be waived by request in writing to the CPSC for any toy, look-alike or imitation firearm that will be used only in the theatrical, movie, or television industry.

The direct final rule will become effective on 5 August 2023 unless the CPSC receives significant adverse comments by 8 June 2023. In addition, the Certification, per 16 CFR 1110, of the infant swings manufactured on and after 1 January 2023, shall be based on testing to the ASTM F2906-23 standard.

Direct Final Rule: https://www.govinfo.gov/content/pkg/FR-2023-05-11/pdf/2023-09999.pdf

For questions and additional information, please contact Dr Pratik Ichhaporia (pratikichhaporia@eurofinsus.com) or David Hong (davidhong2@eurofins.com).