Some product types sold in Arkansas must comply with state-level safety requirements, substance restrictions, labeling, testing, and other compliance requirements. Keep reading, and learn more about Arkansas product regulations and standards covering children’s products, beddings, electronic cigarettes, and more.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Arkansas. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Children’s Product Safety Act
The Children’s Product Safety Act of Arkansas sets up rules and standards for children’s cribs and their components. It requires that covered children’s cribs must comply with the designated federal or industrial safety standards before they are allowed to be sold in the market.
The Children’s Product Safety Act of Arkansas covers full-size and non-full-size children’s cribs. Full-size cribs are defined in 16 CFR 1508.3 – Requirements for Full-Size Baby Cribs as having:
a. Interior dimension: 71±1.6 cm wide and 133±1.6 cm long (measured between the innermost surfaces of the crib)
b. Rail height in its lowest position: The height of the rail measured from the top of the rail to the top of the mattress should be at least 22.8 cm
c. Rail height in its highest position: The height of the rail measured from the top of the rail to the top of the mattress support should be at least 66 cm
Non-full-size baby cribs include the following:
a. Portable cribs (cribs that are foldable or collapsible)
b. Crib-pens (the legs of the cribs may be removed or adjusted to become a playpen or play yard for children).
c. Specialty crib (cribs that are shaped circular, hexagonal, or other unconventional shapes that incorporates a special mattress or other non-conventional components)
d. Undersize cribs (ie. interior length < 126.3 cm, or interior width < 64.3 cm, or both) e. Oversize cribs (ie. interior length > 139.7 cm, or interior width > 77.7 centimeters, or both)
The Children’s Product Safety Act prohibits the sale or lease of unsafe children’s cribs. The criteria for unsafe products include the following:
a. The crib has been recalled by any agency of the federal government
b. The crib has been warned by any federal government agency that it contains safety hazards
c. The crib does not conform to relevant federal regulations and standards, such as:
4. ASTM F 966-90 (corner post standard)
5. ASTM F 1169-88 (structural integrity of full-size baby cribs)
6. ASTM F 1822-97 (non-full-size cribs)
Manufacturers and sellers of children’s cribs should make sure that their products comply with the relevant federal safety requirements before selling in Arkansas. The safe way is to contact a laboratory and conduct relevant crib tests, such as the ones concerning the above-mentioned standards.
Rules and Regulations Pertaining to Labeling of Bedding and the Germicidal Treatment of Used Bedding
The bedding rules of Arkansas outlined the mandatory requirements for bedding products in Arkansas, such as mattresses, pillows, and cushions. The rules cover manufacturing, sanitizing, labeling, and selling requirements.
The requirements of the bedding rules apply to bedding products such as:
- Upholstered springs
- Studio couches
The bedding rules set up the labeling requirements for covered products. The rules also specify the sanitation methods for products that are made from used materials.
The bedding rules require that all bedding products sold in Arkansas should bear a clear and conspicuous label including the following information written in English:
a. “ALL NEW MATERIAL”(if the product is made from all new materials. The tag shall be white in color)
b. Description of filling material by weight in descending order
c. The registry number assigned by the Arkansas Department of Health
d. The name and address of the manufacturer, importer, distributor, or vendor
e. Country of origin (e.g. Made in Vietnam)
f. The statement “UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER” should appear at the top of the label
The minimum size of the label is 2 inches by 3 inches. The label should be durable and not flake out when abraded. The label shall be made of Tyvek, Valeron, Vellum cloth, or a material of comparable quality.
Impact-Resistant Lenses Law
The Impact-Resistant Lenses Law of Arkansas sets up labeling and flammability rules for impact-resistant lenses sold in Arkansas, such as sunglasses or reading glasses.
The Impact-Resistant Lenses Law of Arkansas applies to products such as:
- Reading glasses
- Protective glasses
The Impact-Resistant Lenses Law requires that sellers of eyeglasses should provide a tag to the consumers indicating whether the lenses are impact-resistant or not. The impact-resistant lenses sold in Arkansas should meet the following minimum standards:
a. If the lenses are made of glass, the lenses shall be able to withstand the impact of a five-eighths inch (5/8”) steel ball dropped from a height of fifty inches (50”)
b. Plastic lenses or frames should have a slow-burning rate
c. Cellulose nitrate or materials having flammability characteristics close to cellulose nitrate are not allowed to be used to make lenses
d. Flammability of the materials should not be greater than that exhibited by cellulose acetate or acetate butyrate
This law requires that eyeglasses sellers in Arkansas should provide a card, sticker, or tag indicating whether the lenses in the glasses are impact-resistant or not.
Manufacturers or sellers of impact-resistant eyeglasses should test their products according to the requirements of the Impact-Resistant Lenses Law. Laboratories that provide such services include QIMA, SGS, and TÜV Rheinland.
Blue Light or Blue Lens Cap Sales
The Blue Light or Blue Lens Cap Sales rule covers blue lights and blue lens caps used in emergency vehicles in Arkansas. It sets up sales restrictions and registration requirements.
The sales restriction of this rule applies to blue lens caps and blue lights.
Under this rule, blue lens caps are lens caps designed to be used by emergency vehicles to allow light to pass through the lens cap and create blue light.
Blue light means any device that emits a blue color of light and is designed for use by an emergency vehicle, and can be operated by the vehicle’s battery, the vehicle’s electrical system, or a dry cell battery.
Under this rule, it is illegal to sell or transfer a blue light or blue lens cap to anybody that doesn’t qualify as a law enforcement officer or a county coroner. Before selling a blue light or blue lens cap, the seller should require the buyer to provide valid identification to prove that the buyer is a law enforcement officer or a county coroner.
Sellers of blue light or blue lens caps should provide each sales record to the Department of Arkansas State Police.
The e-cigarette Regulations establish requirements regarding the packaging, purchase, and sales of electronic cigarettes in the State of Arkansas. The regulations cover both electronic cigarettes that contain nicotine content or do not contain nicotine content.
The Arkansas e-cigarette Regulations apply to electronic cigarettes such as e-cigars, e-pipes, and e-water pipes.
The Arkansas e-cigarette Regulations forbid the sales or distribution of electronic cigarette products to anyone who is under age 21 years old.
E-liquid containers must be packed in child-resistant packaging according to 16 CFR, section 1700.20 of the Child Nicotine Poisoning Prevention Act.
The e-cigarette Regulations require that anyone who sells or distributes electronic cigarettes must apply for a wholesale or retail sales permit from the Director of Arkansas Tobacco Control.
Manufacturers of electronic cigarettes in Arkansas must in addition register with the Secretary of the Department of Finance and Administration.
Manufacturers and sellers of electronic cigarettes in Arkansas must ensure their products are compliant with the Arkansas e-Cigarette Regulations. They should contact a qualified lab that can provide test services to the applicable standards, such as 16 CFR Section 1700.20 of the Child Nicotine Poisoning Prevention Act.
Arkansas Cigarette Fire Safety Standard Act
The Arkansas Cigarette Fire Safety Standards Act requires manufacturers of tobacco to register with the Arkansas Tobacco Control and apply for cigarette certification before they are allowed to sell their cigarettes in Arkansas. It also specifies the testing standards should be adopted by manufacturers for testing purposes.
This act applies to all tobacco sold in Arkansas. It does not apply to electronic cigarettes.
The Arkansas Cigarette Fire Safety Standards Act requires that manufacturers of tobacco must register with the Arkansas Tobacco Control and test their products in accordance with the most recent appropriate standards, e.g. ASTM E2187 – 20a Standard Test Method for Measuring the Ignition Strength of Cigarettes.
The manufacturers should also provide adequate information regarding their business and the products to be certified by the Arkansas Tobacco Control.
Manufacturers of cigarettes must fill in the “Tobacco Products Manufacturer Certification Form” and provide information such as:
- Company name
- Phone number
- Web address
- Facility and equipment identification
This is an example of the “Tobacco Products Manufacturer Certification Form 2021”.
Manufacturers of tobacco should test their products according to the standards specified in the Arkansas Cigarette Fire Safety Standards Act. Manufacturers should contact a laboratory that is qualified to perform such tests.
Product Liability Law
Manufacturers of consumer in Arkansas are responsible for the defects that might cause injury or loss to consumers.
The product liability applies to consumer products circulated in the market, such as:
Under the Arkansas product liability theories, a product liability action may be based on negligence or strict liability. Manufacturers may be sued by the consumers for their loss or injury due to the following factors:
a. Design defect (e.g. fail to design the product properly to avoid foreseeable dangers during the designing process)
b. Manufacturing defect (e.g. fail to assemble or inspect the product properly during production process)
c. Marketing defect (e.g. fail to provide sufficient warnings or instructions)
Manufacturers have the responsibility of providing sufficient warnings or instructions to the consumers in order to avoid damages.
Manufacturers should produce their products in accordance with the federal, and state compliance requirements in order to protect the safety of the users and avoid potential loss. In addition, they should also test their products according to the recognized standards.
|Children’s Product Safety Act||Link|
|Rules and Regulations Pertaining to Labeling of Bedding and the Germicidal Treatment of Used Bedding||Link|
|Impact-Resistant Lenses Law||Link|
|The Blue Light or Blue Lens Cap Sales||Link|
|Arkansas Cigarette Fire Safety Standards Act||Link|
|Product Liability Law||Link|