Supporting Statement A

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SUPPORTING STATEMENT - PART A
Safety Standard for Button Cell or Coin Batteries and 
Consumer Products Containing Such Batteries
(OMB Control Number 3041-0195)

1. 	Need for the Information Collection 

Based on the requirements in Reese’s Law, 15 U.S.C. § 2056e(a) and (b), and section 27(e) of the Consumer Product Safety Act (CPSA), 15 U.S.C. § 2076(e), the Safety Standard for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries, 16 C.F.R. part 1263,  prescribes performance requirements for child-resistant battery compartments on children’s and non-children’s consumer products that contain or are designed to use button cell or coin batteries, and warning requirements for button cell and coin battery packaging, consumer product packaging, consumer products, accompanying written materials such as instructions, manuals, and inserts or hangtags.  These performance and labeling requirements are intended to reduce or eliminate injuries and deaths associated with children 6 years old and younger ingesting button cell or coin batteries.  This collection of information is solely for non-children’s consumer products that contain or are designed to use button cell or coin batteries and are not designed or intended primarily for children 12 years old or younger, and includes labeling of packages of button cell or coin batteries.  15 U.S.C. § 2052(a)(2); 16 C.F.R. part 1200.

In addition to the testing and labeling requirements in the final rule, section 14(a) of the CPSA requires that manufacturers (including importers) of non-children’s products subject to a rule issue a general certificate of conformity (GCC).  Burden associated with GCC requirements for the import of button cell and coin batteries and non-children consumer products containing such batteries is accounted for in OMB control number 3041-0203. 

2.	Use of the Information 

The information collected will be used to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children 6 years old and younger.

As required by Reese’s Law, the rule establishes performance and labeling requirements for child-resistant button cell or coin battery compartments on consumer products that contain, or are designed to contain, such batteries.  Reese’s Law requires warning labels for the: (1) packaging of button cell or coin batteries; (2) packaging of consumer products containing such button cell or coin batteries; (3) where practicable, battery compartments on consumer products that use button cell or coin batteries (regardless of whether they are replaceable); and (4) any literature, such as a user manual, that accompanies a consumer product containing button cell or coin batteries.  15 U.S.C. § 2056e(a), (b). 

Respondents include manufacturers and importers of non-children’s products that contain or are designed to use button cell or coin batteries, and manufacturers and importers of packages of button cell or coin batteries.  Manufacturers and importers must comply with the information collection requirements when non-children’s products that contain or use button cell or coin batteries, and packages of button cell or coin batteries, are manufactured or imported after the effective date of the rule.

3. 	Use of Information Technology 

To address the hazard of button cell or coin batteries, the final rule requires warnings and labeling.  Required warnings on packaging are not electronic, however, CPSC staff utilizes appropriate forms of information technology, such as electronic communication, when appropriate to reduce unnecessary burden.

4. 	Non-duplication

The information obtained through this collection is unique and is not already available for use or adaptation from another source. 

5. 	Burden on Small Businesses

Under U.S. Small Business Administration (SBA) guidelines, a manufacturer, importer, and retailer of button cell or coin battery-powered consumer products is categorized as ‘‘small,’’ based on the associated NAICS code.1  Battery manufacturing is classified under NAICS code 33591.  According to the SBA, any battery manufacturing firm with fewer than 1,250 employees would be considered small.  Therefore, CPSC assumes the majority of firms impacted by this collection of information could be considered small businesses.

In addition, CPSC provides a variety of resources to help both new and experienced small businesses learn about safety requirements that apply to consumer products, including the CPSC Regulatory Robot and small business education videos.  Many of these resources can be accessed online at: https://www.cpsc.gov/Business--Manufacturing/Small-Business-Resources.  Specifically, guidance on button cell and coin battery requirements is available from: https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Button-Cell-and-Coin-Battery. 
6.	Less Frequent Collection

If information is not provided with the consumer product, the consumer will not have the opportunity to see the appropriate safety-related information.  The consumer may not have the following safety-related information:

    • Death or serious injury can occur if ingested.
    • A swallowed button cell or coin battery can cause internal chemical burns in as little as 2 hours.
    • Keep new and used batteries out of reach of children.
    • Seek immediate medical attention if a battery is suspected to be swallowed or inserted inside of any part of the body.

7. 	Paperwork Reduction Act Guidelines 

This collection of information is necessary for the proper performance of agency functions; avoids unnecessary duplication; reduces burden on small entities; uses plain, coherent, and unambiguous language that is understandable to respondents; will be implemented in a manner that is consistent and compatible with current reporting and recordkeeping practices; indicates the retention periods for recordkeeping requirements; and informs respondents about the information needed.
8. 	Consultation and Public Comments 
In September 2023, CPSC published a rule that incorporates by reference ANSI/UL 4200A-2023, Standard for Safety for Products Incorporating Button Batteries or Coin Cell Batteries (UL 4200A-2023), as the mandatory safety standard.  ANSI (American National Standards Institute) and UL (Underwriters Laboratories) are U.S.-based nonprofit organizations focused on product safety and quality.  CPSC staff worked with ANSI and UL standards developers and assessed the requirements of the standards for consumer products containing or designed to use button cell or coin batteries as described in ANSI/UL 4200A-2023, before it was incorporated by reference in the final rule, on September 21, 2023.  88 FR 65296

On June 15, 2026, CPSC published a 60-Day notice to the Federal Register (91 FR 35968), and requested that interested parties submit comments regarding the renewal of this collection of information.  CPSC received three public comments on the collection of information. One out of scope comment, addressing the requirements of the final rule and of the relevant voluntary standards, was submitted by the People’s Republic of China, pursuant to the Article 2.9.4 of the WTO/TBT Agreement. 

Two comments, submitted by the Information Technology Industry Council (ITI) and an  anonymous commenter, discussed burden estimates for labeling and other concerns.  These commenters also provided out of scope comments.  Summaries of and responses to these comments are provided below.

Comments: 

ITI commented that the burden is underestimated and does not reflect real-world complexity, such as lifecycle documentation (not a one-time effort), global model and packaging complexity, and cross functional coordination.  ITI asserted that complying with the labeling requirements takes at least three to four hours per label or more.  To address these concerns, among others, ITI suggested that the Commission allow the use of electronic labelling (e.g., QR code), leading to online manuals on the manufacturer’s website.

The anonymous commenter stated that CPSC’s burden calculations should reflect “real-world operational reality” to account for creating, verifying, scaling, and managing compliance artwork across packaging and documentation, which the commenter asserted, similar to ITI’s comments, takes three to four hours per label.

The anonymous commenter also provided additional requests which include clarifying scope guidance for paperwork filings for 16 C.F.R. part 1263, considering alternative formatting for small surfaces and/or allowing high-contrast monochrome printing on small retail packaging, eliminating “duplicate compliance paths,” and streamlining recordkeeping to include e-labeling barcodes.  The commenter did not elaborate on the concerns associated with duplicative compliance. 

Responses: 

CPSC adjusts burden estimates upward from 1.25 hours for both labeling and recordkeeping, based on the information received from the commenters, to 2 hours per response for labeling and recordkeeping, noting that response times to the collection will vary depending upon the size of the establishment, the number and type of products sold by the firm, and other factors outside of the control of CPSC, such as internal business practices.  CPSC’s burden estimates are annual and notes that labeling is not typically redesigned on an annual basis, therefore an estimate of 2 hours per year is reasonable. 

With regard to comments on electronic labeling, the rule does not prohibit providing digital access to the safety statements.  However, not all consumers have easy access to the internet, or have the knowledge to use QR codes.  Therefore, to have the intended effect of providing warnings and safety information to consumers, the warnings language must be included physically along with the product.  Reese's Law requires that warnings be included: on the packaging of button cell or coin batteries and the packaging of consumer products containing such batteries; in any literature that accompanies a consumer product containing button cell or coin batteries; and, as practicable, directly on consumer products containing button cell or coin batteries.

CPSC provides administrative guidance in many forms, including a business guidance page on its website. Button Cell and Coin Battery Business Guidance | CPSC.gov. 

Both UL 4200A-2023, incorporated by reference in 16 C.F.R. §1263.3, and CPSC’s requirements at 16 C.F.R. § 1263.4 include a table for letter size based on the display area, with smaller letters allowed on small surfaces; and offer alternative means of displaying the warnings when the display area does not allow the full warning.  Furthermore, the rule does not prohibit high-contrast monochrome printing; referenced color schemes need to be in color only if the labels are printed in more than one color.

9. 	Gifts or Payment

No payments or gifts are being offered to respondents as an incentive to participate in the collection. 

10. 	Confidentiality 

A Privacy Act Statement is not required for this collection because we are not requesting individuals to furnish personal information for a system of records. 

A System of Record Notice (SORN) is not required for this collection because records are not retrievable by PII. 

A Privacy Impact Assessment (PIA) is not required for this collection because PII is not being collected electronically. 

11. 	Sensitive Questions 

No questions considered sensitive are being asked in this collection. 

12. 	Respondent Burden and Labor Costs

The hourly reporting burden imposed on firms that manufacture or import non-children’s products that contain button cell or coin batteries, and firms that manufacture or import button cell or coin batteries, includes the time and cost to create and maintain records related to testing of consumer products; product labeling, including required warning labels on, as applicable: consumer product battery compartments, product packaging, and accompanying written materials (i.e., instructions, manuals, inserts, or hangtags).  

Table 1: Estimated2 Annual Respondent Burden
Burden Type
Respondents
Frequency of Response
Hours per Response
Annual Burden (hours)
Estimated Annual Burden
(costs)
Certificate and Labeling
15,363
3
2
92,178
$4,513,957
Recordkeeping
15,363
3
2
92,178
$4,513,957
Total Burden



184,356
$9,027,913

CPSC estimates that there are 15,363 entities that will respond to the collection annually and that, on average, each entity will respond three times per year.  We estimate two hours per response for labeling and recordkeeping, respectively, as shown in Table 1.3 Accordingly, the total estimated burden of the collection is 184,356 hours, annually.  

Using the total compensation for all private industry workers in goods-producing industries of $48.97 per hour,4 the total estimated annual cost of the collection of information is approximately $9 million annually (184,356 hours × $48.97 = $9,027,913.32).  

13.	Respondent Costs Other Than Burden Hour Costs 

No operating, maintenance, or capital costs are associated with the collection. 

14. 	Cost to the Federal Government

The estimated annual cost of the information collection requirements to the Federal Government is approximately $4,937, which includes 60 staff hours to examine and evaluate the information, as needed, for CPSC’s compliance activities.  This is based on a GS-12, step 5 level salaried employee.  The average hourly wage rate for a mid-level salaried GS-12 employee in the Washington, DC metropolitan area (effective as of January 2026) is $55.62 (GS-12, step 5).  This represents 67.6 percent of total compensation (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,” December 2025, Table 2., percentage of wages and salaries for all civilian management, professional, and related employees: https://www.bls.gov/news.release/archives/ecec_03202026.htm).  Adding an additional 32.4 percent for benefits brings average annual compensation for a mid-level salaried GS-12 employee to $82.28 per hour.  Assuming that approximately 60 hours will be required annually, this results in an annual cost of $4,937 ($82.28 per hour × 60 hours = $ 4,936.80).

15. 	Reasons for Change in Burden 

The estimated burden hours for the collection of information are revised downward to exclude testing burden, and the estimated burden hours for the collection are revised upward based on comments received from the public.  The result is a net decrease in estimated annual burden, from 276,534 hours to 184,356 hours, annually.

16. 	Publication of Results 

The results of this information collection will not be published. 

17. 	Non-Display of OMB Expiration Date 

We are not seeking approval to omit the display of the expiration date of the OMB approval on the collection instrument. 

18. 	Exceptions to “Certification for Paperwork Reduction Submissions” 

We are not requesting any exemptions to the provisions stated in 5 C.F.R. § 1320.9.