Portable Fuel Container Safety Act of 2019 – What You Need to Know

The Consolidated Appropriations Act of 2021, including Section 901 entitled the “Portable Fuel Container Safety Act of 2019,” was signed into law in 2021 with an upcoming expected implementation date in Q3 of 2023.  The Act required the Consumer Product Safety Commission to implement a final rule requiring flame mitigation devices (FMDs) in portable fuel containers.

If your product(s) are not flammable liquid fuels, this new regulation likely does not apply, in which case this information can be disregarded.

Examples of portable fuel containers include portable gasoline containers (e.g., gas cans) and containers for cigarette lighter fluid, charcoal lighter fluid, and liquid fireplace fuel (such as firepot fuel).

As a general overview, the new regulation mandates that portable fuel containers with a capacity of 5 gallons or less, intended for consumer use, be equipped with an FMD.  Additional details:

• This regulation applies to any liquid fuel contents with flashpoints less than 140°F
• For reference, the standard testing specification used was ASTM F3429
• Current expected implementation date on retail shelves is July 1, 2023, however, this could be pushed to no later than Jan 1, 2024.  This implies fillers must start filling as early as Q2 with new packaging for the requirement

The flame mitigation device (FMD) will be required to be a part of the spout, cap, lid, or closure mechanism on a vessel/container that meets the below criteria:

• The container is intended for flammable liquid fuels with a flashpoint of fewer than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels.
• The contents of the package are a consumer product of 5 gallons or less.
• The manufacturer knows or reasonably should know that it will be used by consumers for transporting, storing, or dispensing fuels.

If this new regulation pertains to your business or a product you’re filling, or if you are uncertain and would like additional information, please contact your packaging consultant.  We are here for you!