16 CFR §1250.5

1. (a)Scope and purpose. This section establishes performance and labeling requirements for neck floats to reduce the risk of children drowning while using a neck float. The provisions of this part are intended to address the risk of injury and death to children from neck float hazards. This section adds requirements for neck float in addition to the requirements of §§ 1250.1 and 1250.2.
2. (b)Definitions. In addition to the definitions in ASTM F963-23 (incorporated by reference, see § 1250.10), the following definitions apply for the purposes of this section:
3. (c)Performance requirements. In addition to any applicable performance requirements from § 1250.1 or § 1250.2, all neck floats within the scope of the rule must meet the performance requirements in this section to reduce the risk of children drowning while using a neck float.
   1. (1)Conditioning procedure. Neck floats shall undergo thermal conditioning in accordance with section 5.5.4.1 of ANSI/CAN/UL 12402-9:2022 (incorporated by reference, see § 1250.10), with modifications provided in paragraphs (c)(1)(i) through (iii) of this section. Following thermal conditioning, a neck float shall undergo exposure conditioning in a chlorinated saltwater bath. The chlorinated saltwater bath shall be prepared by dissolving 32 grams of sodium chloride (NaCl) in 1 liter of aqueous solution containing 2 ppm chlorine at pH 7.0-7.8. The necessary volume of solution at those concentrations shall be prepared to fully submerge the neck float, in darkness and at room temperature (20 ± 2 °C (68 ± 4 °F)) for 8 hours. Lastly, the neck float shall undergo ultraviolet light exposure conditioning in accordance with sections 4.2.1.1-4.2.1.4 of ANSI/APSP/ICC-16 2017 (incorporated by reference, see § 1250.10), with the modifications provided in paragraph (c)(1)(iv) of this section, prior to any testing in accordance with paragraphs (c)(2) through (4) of this section. Any inflatable component(s), if applicable, of the neck float shall be deflated during the conditioning procedure.
      1. (i)The words “Inflatable PFDs” shall be removed and replaced with “Neck floats” in section 5.5.4.1 of ANSI/CAN/UL 12402-9:2022.
      2. (ii)The cold temperature “−30 ± 2 °C” shall be removed and replace with “−10 ± 2 °C” in section 5.5.4.1 of ANSI/CAN/UL 12402-9:2022.
      3. (iii)The words “for two complete cycles,” and the paragraph after item b) “Inflatable PFDs, shall be . . . inflated for (5,0 ± 0.1) min.” shall be removed from section 5.5.4.1 of ANSI/CAN/UL 12402-9:2022.
      4. (iv)The exposure duration for each UV conditioning methods shall be reduced from 720 hours to 180 hours using methods (a) and (b), from 1000 hours to 250 hours using method (c), and from 750 hours to 188 hours using method (d) from sections 4.2.1.1-4.2.1.4 of ANSI APSP ICC-16 2017.
   2. (2)Minimum buoyancy requirements. Neck floats shall demonstrate a minimum upward buoyancy equal to or greater than 30 percent the expected weight capacity of the neck float, and neck floats utilizing inherently buoyant components shall lose no more than 5 percent of their initial buoyancy, when tested in accordance with sections 5.5.9.2-5.5.9.4 of ANSI/CAN/UL 12402-9:2022 with the following additions and exclusions:
      1. (i)The words “PFD” shall be removed and replaced with “neck float.”
      2. (ii)The weight of the cage shall be equal to 1.1 times the expected weight capacity of the neck float, which shall be determined based on either the maximum weight capacity according to the manufacturer's recommended user weight, or the weight given by table 1 to this paragraph (c)(2)(ii) according to the manufacturer's recommended user age, whichever is greater. If the manufacturer's recommended user age falls between two age range options, the older range shall be used.
      3. (iii)The sentence “If the PFD contains inflatable . . . whichever is less” shall be removed from the first paragraph of section 5.5.9.3 of ANSI/CAN/UL 12402-9:2022. In its place, the following sentence shall be added to the beginning of that section: “Any inflatable component(s), if applicable, of the neck float shall be inflated to an internal air pressure of 0.1 ± 0.01 PSIG.”
      4. (iv)Add “If the neck float contains inherently buoyant components” to the beginning of the third paragraph (“The assembly shall remain . . . recorded as B”) of section 5.5.9.3 of ANSI/CAN/UL 12402-9:2022.
      5. (v)Remove the last two paragraphs “The water temperature . . . immersion period” from section 5.5.9.3 of ANSI/CAN/UL 12402-9:2022.
      6. (vi)Remove the last paragraph “The water temperature . . . and pressure conditions” from section 5.5.9.4 of ANSI/CAN/UL 12402-9:2022.
   3. (3)Restraint system requirements. All restraint systems used to attach the neck float to the body or to connect components of the neck float together shall require the release of the fastening mechanism to have either a double-action release system that requires two distinct, but simultaneous actions to release, or a single-action release system that requires a minimum of 50 N to release. The restraint system shall also comply with the requirements of section 6.4.4 when tested in accordance with section 7.5.1 of ASTM F833-21 (incorporated by reference, see § 1250.10), with the following exclusions:
      1. (i)The sentence “At the . . . 2 in. (51 mm).” of section 6.4.4 of ASTM F833-21 shall be removed.
      2. (ii)[Reserved]
   4. (4)Neck opening test requirement. The neck opening of the neck float shall not admit the passage of a specified head probe when tested in accordance with the following test procedure:
      1. (i)The neck float shall be placed on an elevated platform and positioned directly above and centered about a circular opening in that platform large enough to allow the head probes to fall fully through it. The surfaces of the neck float shall be saturated with baby wash solution, prepared in accordance with section 7.4.1.5 of ASTM F1967-19 (incorporated by reference, see § 1250.10).
      2. (ii)If the neck float includes adjustable restraint straps, then all applicable head probes shall be evaluated at the loosest (largest) setting.
      3. (iii)Any inflatable components of the neck float shall be inflated to an internal air pressure of 0.1 ± 0.01 PSIG.
      4. (iv)A specified head probe, as described in paragraph (c)(4)(vii) of this section, shall then be weighted to mass M1 and positioned in the neck opening. A hanging weight of mass M2 shall then be suspended below the head probe at distance L, where L includes the length between the narrowest and widest circumference of the specified head probe. The choice of specified head probe, mass M1, mass M2, and distance L shall be determined using table 2 to this paragraph (c)(4)(iv) based on the manufacturer's recommended youngest and oldest user age. If the manufacturer's recommended user age falls between two age range options, the younger or older range shall be considered, as is appropriate.
      5. (v)If the neck float's recommended age range could apply to two or more head probes this procedure will be conducted first using the smallest applicable head probe, then repeated using the largest applicable head probe.
      6. (vi)The hanging weight shall be swung for a total of ten 30-second cycles by raising the hanging weight to a 90-degree angle and releasing it. Alternate between a front-to-back swinging direction interval and side-to side interval, relative to the intended position of the neck float user. The 10 alternating swing cycles shall occur consecutively.
      7. (vii)Head probes shall be constructed in accordance with figure 1 and table 3 to this paragraph (c)(4)(vii). Section A-A in figure 1 to this paragraph (c)(4)(vii) demonstrates that the head probe may be hollow for the purposes of adding mass M1, however it is not a requirement of the probe.
4. (d)Labeling requirements. All neck floats and the packaging of neck floats must meet the marking, labeling, and instructional literature requirements in this section to reduce the risk of children drowning while using a neck float.
   1. (1)Requirements for marking and labeling.
      1. (i)Instead of complying with the warning text of section 5.4 of ASTM F963-23, neck floats and the packaging of neck floats must include the safety alert symbol, signal word, and word message as shown in figure 2 to this paragraph (d)(1)(i).
      2. (ii)The warnings shall be in the English language at a minimum.
      3. (iii)The warnings shall be conspicuous and permanent on the principal display panel as defined in section 3.1.62 of the version of ASTM F963-23 and in a distinct color contrasting to the background on which it appears.
      4. (iv)The warnings shall conform to ANSI Z535.4-2023 (incorporated by reference, see § 1250.10), sections 6.1-6.4, 7.2-7.6.3, and 8.1, with the following changes:
         1. (A)In sections 6.2.2, 7.3, 7.5, and 8.1.2, of ANSI Z535.4-2023 replace the word “should” with the word “shall.”
         2. (B)In section 7.6.3 of ANSI Z535.4-2023, replace the phrase “should (when feasible)” with the word “shall.”
         3. (C)In ANSI Z535.4-2023, strike the word “safety” when used immediately before a color (for example, replace safety white” with “white”).
      5. (v)Certain text in the message panel must be in bold and in capital letters as shown in the example warning labels in figure 2 to paragraph (d)(1)(i) of this section. Text must use black lettering on a white background or white lettering on a black background.
      6. (vi)The message panel text shall appear in sans serif letters and be center or left aligned. Text with precautionary (hazard avoidance) statements shall be preceded by bullet points.
      7. (vii)Multiple precautionary statements shall be separated by bullet points if paragraph formatting is used.
      8. (viii)The safety alert symbol ! and the signal word “WARNING” shall appear in sans serif letters and be at least 1/8” (3.2mm) high and be center or left aligned. The remainder of the text shall be in characters whose upper case shall be at least 1/16” (1.6mm) high.
      9. (ix)The safety alert symbol, an exclamation mark in a triangle, when used with the signal word, must precede the signal word. The base of the safety alert symbol must be on the same horizontal line as the base of the letters of the signal word. The height of the safety alert symbol must equal or exceed the signal word letter height. The exclamation mark must be at least half the size of the triangle centered vertically.
      10. (x)The warning contained within {} “Check for leaks before use. Never use with leaks.” is only required for neck floats utilizing inflatable components.
   2. (2)Requirements for instructional literature. Instructions shall have the same warning labels that must appear on the product and provided separately, as a user manual, with similar formatting requirements, but without the need to be in color. However, the signal word and safety alert symbol shall contrast with the background of the signal word panel, and the warnings shall contrast with the background of the instructional literature. The instructions shall include information on assembly, installation, maintenance, cleaning and use, where applicable. The instructions shall explain how to check for adequate fit of the neck float around the child's neck to prevent slipping through the center opening. For neck floats utilizing inflatable components, the instructions shall include clear directions for testing the neck float for leaks. Any additional instructions provided, that are not required, shall neither contradict nor confuse the meaning of the requirements.
5. (e)Prohibited stockpiling—(1) Prohibited acts. Manufacturers and importers of neck floats shall not manufacture or import neck floats that do not comply with the requirements of this part between December 15, 2025, and June 15, 2026, at a rate that is greater than 105 percent of the rate at which they manufactured or imported neck floats during the base period for the manufacturer or importer.
   1. (2)Base period. The base period for neck floats is the average monthly manufacturing or import volume within the last 13 months of production immediately preceding December 15, 2025.