Toy Safety Business Guidance & Small Entity Compliance Guide

Table of Contents

overview
specific Testing Questions

Overview

All toys intended for use by children 12 years of senesce and under must be third party tested and be certified in a Children ’ s Product Certificate as compliant to the federal play safety standard enacted by Congress, and to early applicable requirements as well. Please see our Business Guidance Page. besides, please see steering pages for other common requirements for children ’ second products : lead, head in paint, phthalates, belittled parts, and tracking labels .

What is the toy safety standard?

 
The plaything condom standard refers to ASTM F963-17, as incorporated with a alteration shown in 16 CFR Part 1250. All children ’ s toys manufactured or imported on or after February 28, 2018, must be tested and certified to ASTM F963-17 .

ASTM F963-17, The Standard Consumer Safety Specification for Toy Safety, is a comprehensive criterion addressing numerous hazards that have been identified with toys. In 2008, the Consumer Product Safety Improvement Act of 2008 ( CPSIA ) mandated that the volunteer toy safety standard in effect at that time become a countrywide compulsory children ‘s product guard rule .

You may view a drumhead of the ASTM dally safety standard and buy the criterion in its entirety from ASTM International ‘s web site. On ASTM ‘s web site, you can view a brief description of the plaything safety standard, a table of contents of the standard ‘s sections, and a list of products that are not covered by the toy safety standard ( although some of those products, such as bicycles, are covered by another compulsory standard ). To view the entire standard, you must purchase the copyright-protected document from ASTM by visiting astm.org. Please note, a manufacturer or importer of children ’ second dally is responsible for identifying the sections of the toy standard that apply to their company ’ sulfur merchandise ( sulfur ) .

Are third party testing and certification required for the toy safety standard?
Yes. Third party test and documentation are required for toys designed or intended chiefly for children 12 and under. once you have identified the applicable requirements for your product, you must use a CPSC-accepted lab to perform testing to show that the product complies with the dally standard .
To facilitate the testing of your merchandise, you should contact a CPSC-accepted testing ground to discuss your product and to secure an estimate. The estimate should provide you with an enumerate listing of which sections of the criterion the testing ground proposes to test your product to for conformity. ( As a consumer of such testing ground services, you may want to secure an calculate from more than one testing ground, as you likely would do with any major purchase. )

Does every section of the toy safety standard apply to every toy?
No. The play guard criterion is a drawn-out document that contains provisions for many different types and classes of toy dog. There is no one-size-fits-all approach to the toy dog standard. unlike sections of the dally standard put on to different toys. Many of the standard ‘s sections may not apply to a especial product, but there are probably to be many sections that do apply .
For example, if your toy does not produce any sound, it would not need to comply with the department of the miniature standard that tests how loud a sound the toy dog makes ; however, there are placid many early provisions of the dally standard that may apply to your dally. Because different toys have unlike characteristics, materials, and functions, every toy needs to be reviewed individually to determine what sections of the standard are applicable .
As a manufacturer or importer, it is your province to review the toy safety standard and to consider which sections of the standard may apply to your merchandise. ( You may review the mesa of contents barren of care. ) ultimately, however, you will likely need to have your intersection tested by a CPSC-accepted lab. Please review these helpful questions to ask the lab .
Please see this helpful chart on ASTM F963-17 that breaks down the different sections of the dally standard into generally applicable requirements and toy-specific requirements .

Testing and Certification

Do all sections of the toy safety standard include third party testing requirements?

No, only certain provisions of the toy safety criterion outlined in 16 CFR §1112.15 ( bel ) ( 32 ), and besides detailed in this chart, specify third gear party testing requirements. The sections of the miniature safety standard that require third party testing are :

ASTM F963-17

• Section 4.3.5.1, Surface Coating Materials – Soluble Test for Metals
• Section 4.3.5.2, Toy Substrate Materials 
• Section 4.3.6.3, Cleanliness of Liquids, Pastes, Putties, Gels, and Powders (except for cosmetics and tests on formulations used to prevent microbial degradation)
• Section 4.3.7, Stuffing Materials
• Section 4.5, Sound Producing Toys (requirements for this section modified by 16 CFR part 1250)
• Section 4.6, Small Objects (except labeling and/or instructional literature requirements)
• Section 4.7, Accessible Edges (except labeling and/or instructional literature requirements)
• Section 4.8, Projections
• Section 4.9, Accessible Points (except labeling and/or instructional literature requirements)
• Section 4.10, Wires or Rods
• Section 4.11, Nails and Fasteners
• Section 4.12, Plastic Film
• Section 4.13, Folding Mechanisms and Hinges
• Section 4.14, Cords, Straps, and Elastics
• Section 4.15, Stability and Overload Requirements
• Section 4.16, Confined Spaces
• Section 4.17, Wheels, Tires, and Axles
• Section 4.18, Holes, Clearances, and Accessibility of Mechanisms
• Section 4.19, Simulated Protective Devices (except labeling and/or instructional literature requirements)
• Section 4.20.1, Pacifiers with Rubber Nipples/Nitrosamine Test
• Section 4.20.2, Toy Pacifiers
• Section 4.21, Projectile Toys
• Section 4.22, Teethers and Teething Toys
• Section 4.23.1, Rattles with Nearly Spherical, Hemispherical, or Circular Flared Ends
• Section 4.24, Squeeze Toys
• Section 4.25, Battery-Operated Toys (except labeling and/or instructional literature requirements)
• Section 4.26, Toys Intended to Be Attached to a Crib or Playpen (except labeling and/or instructional literature requirements)
• Section 4.27, Stuffed and Beanbag-Type Toys
• Section 4.30, Toy Gun Marking
• Section 4.32, Certain Toys with Spherical Ends
• Section 4.35, Pompoms
• Section 4.36, Hemispheric-Shaped Objects
• Section 4.37, Yo-Yo Elastic Tether Toys
• Section 4.38, Magnets (except labeling and/or instructional literature requirements)
• Section 4.39, Jaw Entrapment in Handles and Steering Wheels
• Section 4.40, Expanding Materials
• Section 4.41, Toy Chests (except labeling and/or instructional literature requirements)

The sections of the dally safety standard that DO NOT require third party test by the CPSC are as follows :

• The sections of ASTM F963 pertaining to the manufacturing process, and thus, toys cannot be evaluated meaningfully by a test of the finished product (e.g., the purified water provision at section 4.3.6.1).
• Requirements for labeling, instructional literature, or producer’s markings in ASTM F963. More information on this issue below in a separate FAQ.
• Generally, the Commission has stated that it will not require third party testing and certification for certain labeling and technical requirements. For example, neither the labeling requirements under the Federal Hazardous Substances Act (15 U.S.C. 1261−1278), nor the labeling requirements under the Flammable Fabrics Act (15 U.S.C. 1191−1204) require a product to undergo third party testing.
• The sections of ASTM F963 that involve assessments conducted by the unaided eye and without any sort of tool or device.
   

Do all sections of the toy safety standard require certification?
Yes. Although certain sections of the toy dog safety standard are exempted from third gear party test, toys must be certified, in a Children ’ s Product Certificate, as being fully compliant with all applicable sections of the play condom standard. For the sections of the toy base hit standard that are excuse from third base party testing, manufacturers are hush expected to ensure that their product is compliant with those applicable sections and to certify complaisance through a Children ’ s Product Certificate covering the product .

Where can I find the official Commission Notice of Requirements and the third party testing requirements for children’s toys?
The particular sections of the dally safety criterion that require testing at a CPSC-accepted quiz lab are listed at 16 CFR §1112.15 ( boron ) ( 32 ).  

For which age groups (i.e., the product’s intended users) are third party testing and certification of toys required?
Toys intended or designed chiefly for children 12 years of old age or younger must be third base party tested by a CPSC-accepted test lab and certified by the manufacturer or importer in a Children ’ s Product Certificate .
Although ASTM F963 applies to toys intended for use by children under 14 years of age, federal law requires third base party testing for items capable to children ’ s merchandise base hit rules. The jurisprudence defines “ children ’ mho products ” as consumer products designed or intended primarily for children 12 years of long time or younger .

Specific Testing Questions

Do warning labels, written instruction manuals, or other producer’s markings on a product or the product’s packaging require testing by a CPSC-accepted laboratory?

No. In addition, the sections of ASTM F963 that involve assessments conducted by the unaided center and without any sort of instrument or device do not require test by a CPSC-accepted lab. See the complete list of sections that require third base party examination, described in the bulleted list above. If a section from ASTM F963 is not listed there, then third base party test is not required .

Are toys required to be tested to meet flammability requirements?

No. Congress did not include flammability requirements and one-third party testing for dally when it made the toy guard standard mandate in 2008 .

however, a children ’ second toy—during its accustomed and sanely foreseeable treatment or use—must not be a hazardous means that may cause substantial personal injury or solid illness during, or as a proximate leave of, being a highly flammable or highly flammable upstanding. This prerequisite, which is from the Federal Hazardous Substances Act, does not require premarket, third base party testing from a CPSC-accepted lab .

This means that there may be situations when a children ’ second play that is likely to be used in or around a flare source, will need to be tested to ensure that the product is not highly or extremely flammable. If a manufacturer is uncertain, or wishes to test the product to be sealed it is not highly flammable, 16 C.F.R. § 1500.44 is an allow screen method acting to use, and the trial method provided in Annex A5 of ASTM F963 is another allow test method acting .

Must all accessible substrates be tested for total lead and soluble heavy elements, as specified in ASTM F963-17?

not inevitably. Although section 4.3.5.2 ( 1 ) of ASTM F963-17 says that the accessible substrates and all small parts must be tested for entire lead and eight soluble heavy elements, the term “ accessible ” is defined in 4.3.5.2 ( 1 ) ( a ), and it is very crucial to determine whether your toy is subjugate to this extra prerequisite .

first base, “ accessible ” is defined in section 3.1.2 of ASTM F963-17, and a miniature must be examined for accessible parts both before and after age-appropriate use and abuse test .

moment, for the purpose of the definition in segment 3.1.2, and deoxyadenosine monophosphate stated in part 4.3.5.2, alone toys, or the parts of toys that can be sucked, mouthed, or ingested — both before and after age-appropriate use and misuse screen — need to be tested for the eight soluble big elements. This means that toy dog, or parts of toys that, due to their inaccessibility, size, multitude, function, or other characteristics, can not be sucked, mouthed, or ingested, are not required to be tested for the soluble elements listed above. however, complaisance with total lead content limits for such items inactive may be required under the CPSIA, if they are accessible to touch .

The following criteria are considered reasonable for the classification of toys that are likely to be sucked, mouthed, or ingested : ( 1 ) all toy parts intended to be mouthed or contact food or toast, components of toys which are cosmetics, and components or writing instruments categorized as toys ; ( 2 ) toy intended for children less than 6 years of old age, where there is a probability that the parts or components of the miniature would come into reach with the mouth. See note 4 of part 4.3.5.2 ( 1 ) ( a ) .

consequently, if your product is age-graded as intended for habit for children long time 6 years and above, and is not probable to be sucked, mouthed, or ingested, it does not need to be tested for the eight metals. Remember that careless of this analysis, the CPSIA requires that all accessible components of children ‘s products meet the lead contented necessity of 100 ppm. Please review our contribute guidance page .
Commission Determinations Regarding Heavy Elements Testing: The CPSC has determined that children ’ south toys made entirely of any combination of the succeed materials do not need to be tested to ASTM F963 ’ s section 4.3.5.2 Heavy Elements: Toy Substrate Materials by a third-party lab :

1. Unfinished and untreated wood (see 16 CFR §1251.2);
2. Engineered wood products made from particleboard, hardwood plywood, or medium-density fiberboard (see 16 CFR §1252.3(b)); and/or
3. Unfinished manufactured fibers that are untreated and unadulterated – nylon, polyurethane (spandex), viscose rayon, acrylic or modacrylic, and natural rubber latex (see 16 CFR §1253.2(b)).

Cadmium
section 4.3.5.2 ( 1 ) states that the accessible substrates in toys ( including accessible glass, alloy, and ceramic toys or small parts of toys ) are subject to the limits set away in table 1 of F963-17, which specifies, among early requirements, a limit of 75 parts per million of soluble cadmium content ( or 50 parts per million for modeling clays that are region of miniature ). Yet, segment 4.3.5.2 ( 2 ) ( coulomb ) states that the soluble cadmium content limit is 200µg .

What is the dispute between these two requirements ? The test procedure for the prerequisite in department 4.3.5.2 ( 1 ) is based on a 2-hour extraction period. section 4.3.5.2 ( 2 ) ( hundred ) specifically states that the section is in addition to the limits in table 1, but alone for metallic toys or metallic toy components that are small parts. That class of toys can not exceed a value of 200 µg for total cadmium extracted from an item within a 24-hour period when tested per section 8.3.5.5 ( 3 ). The section does note, however, that “ Compliance with all of the above requirements may be established by a screen of entire element content as specified in 8.3.1. ”

 

Updates Revisions to ASTM F963

 
What are the key changes in the newest version of the CPSC’s toy safety standard, ASTM F963-17?

Projectile Toys
The latest rewrite to ASTM F963 corrected language from the 2016 version concerning the test of projectile toys in section 4.21.2.3. This change was made to bring section 4.21.2.3 into harmony with the purpose of the March 31, 2017, CPSC staff enforcement free will letter concerning that section .

Sound-Producing Toys
The regulation at 16 CFR part 1250 requires toys to comply with applicable provisions of ASTM F963-17, with one exception relating to toy test methods on sound-producing pull/push toys found in section 8.20.1.5 ( 5 ). The regulation at 16 CFR § 1250.2 ( degree centigrade ) indicates that toys, alternatively of complying with Section 8.20.1.5 ( 5 ) of ASTM F963-17, must comply with the trace :

Floor and tabletop toys that move, where the healthy is caused as a result of the motion imparted on the toy ( for exemplar, a noise-making mechanism attached to an axle of a toy vehicle ) shall be tested using the method acting for pull and energy toys. In addition to the C-weighted flower measurement maximal A-weighted sound coerce floor, LAFmax, shall be made and compared to the requirements of 4.5.1.2 .

Other
The majority of the changes made to ASTM F963-17 were column changes : grammar and spell changes, and clarifications to sentences. other changes were made to some terminology : one definition was removed, one was clarified, one was changed editorially, and there were nine new references that were added that associate to microbiological guidelines. There was a rationale that was added in reference to the fresh linguistic process in section 4.21.2.3 for Projectiles with Stored Energy .

What were the key changes from the 2011 version to the 2016 version of CPSC’s toy safety standard, ASTM F963?

Labeling Requirements
Battery-Operated Toys and Magnetic Toys received modern pronounce requirements. See Sections 5.15 for button or mint cell batteries and 5.17 for magnets .

Batteries
ASTM F963-16 incorporated fresh testing requirements on certain clitoris and coin cell batteries of 1.5V+. There are four new testing methods – overcharging, repetitive overload, single-fault charge tests and bypass protection test. See section 8.19 .

Heavy Elements
ASTM F963-16 updated the testing methodology for heavy elements to allow roentgenogram Fluorescence Spectrometry using Monochromatic Excitation Beams ( HDXRF ) for sum component screening. See section 8.3.1.4 .

Magnets
The 2016 version of the toy dog criterion included a cyclic drenching examination for only wooden toys, toys to be used in water, and mouth pieces of mouth-actuated toys with magnets or magnetic components. See section 8.25.4 .

Mouth-Actuated Toys
ASTM F963-16 added design requirements to prevent projectiles from entering the mouth. See section 8.13.2 .

Projectile Toys
Kinetic energy concentration charge changes allowed for certain types of projectile toys. Of particular eminence, CPSC staff issued a letter on March 31, 2017, exercising its enforcement discretion under section 4.21.2.3, to apply the KED requirements alone to projectiles with energies greater than 0.08 J. This enforcement discretion extends to testing and authentication requirements under Section 14 of the Consumer Product Safety Act ( CPSA ), 15 U.S.C. § 2063, so that testing would not be required for projectiles with energies less than or equal to 0.08 J. This enforcement discretion went into effect immediately, and it will remain in effect until further notice. Please read the full moon letter for more data, and see Section 8.14 of the Toy Standard .

Ride-On Toys
design changes :

• Stability – dimensional spacing between wheels on the same axis, see Section 4.15.1.
• Overloading – more stringent overload weight test for ride-on and seated toys, see Section 8.28.
• Restraints – exempts straps used for waist restraints from free length and loop requirements, see Section 4.14.6,

Sound-Producing Toys
Redefined “ mouth-actuated toys ” to include broader range of toys ( see Section 4.5 ) :

• increases peak limits (see Section 4.5.1.4 and Annex A12.9.4);
• lowers test speed for push-pull toys (see Section 8.20.2.5 and Annex A12.9.10)

Sections added in ASTM F963-16

• Toy Chests (Section 4.41) – Reincorporated toy chest sections 4.27 and associated provisions from ASTM F963-07ε1; clarified a multi-positional lid requirement when testing for maximum lid drop.

• Expanding Materials (Section 4.40) – new definitions, performance requirements, test methodology and a test template to address the emerging hazard of GI blockage related to ingestion of expanding materials

note, respective of the new or revise requirements in the dismissal of the 2016 version of ASTM F963 are intended to align ASTM F963, ISO 8124 and EN71 toy standards. additionally, the changes listed above are only selected changes to the U.S. Toy Standard, ASTM F963-16 version .

If you are not sure how these changes affect your product, you can contact the CPSC Small Business Ombudsman for aid by emailing us here : hypertext transfer protocol : //ontopwiki.com/About-CPSC/Contact-Information/Contact-Specific-Offices-and-Public-Information/Small-Business-Ombudsman, or by calling 301-504-7945 .

For future updates to ASTM F963, what happens when ASTM International submits proposed revision(s) to the Commission regarding the ASTM F963 toy standard currently in effect?

When ASTM International notifies the Commission of proposed revision ( s ) to ASTM F-963, the Commission has 90 days from the date of notification to inform ASTM International if it determines that the proposed rewrite ( s ) does not improve the condom of the consumer product covered by the standard .

If the Commission informs ASTM International of its decision that the proposed rewrite ( s ) does not improve safety, the existing ASTM F963 standard continues in effect as a consumer product condom rule, careless of the proposed revision ( mho ) .

If the Commission does not respond to ASTM International within 90 days regarding the proposed revision ( s ) to ASTM F963, 90 days by and by ( 180 days total after notification by ASTM International ), the proposed revision ( s ) become effective as a consumer intersection guard principle .

Additional Resources

• ASTM F 963-17 Chart

For more information, please contact the U.S. Consumer Product Safety Commission :

1. Office of Compliance (for specific enforcement inquires): e-mail: [email protected]; telephone: (800) 638-2772.
2. Small Business Ombudsman (for general assistance understanding and complying with CPSC regulations): e-mail: Please use our Contact Form, which is the best way to get a fast response; telephone: (888) 531-9070.

This communication has been prepared for general informational purposes entirely and is based upon the facts and information presented. This communication does not, and is not intended to, constitute legal advice and has not been reviewed or approved by the Commission, and does not inevitably represent their views. Any views expressed in this communication may be changed or superseded by the Commission .

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