The Basics

All toys designed for use by children under 14 years of age must comply with the federal toy safety standard enacted by Congress in section 106 of the Consumer Product Safety Improvement Act of 2008 (pdf) (CPSIA).

What is the toy safety standard?

The toy safety standard refers to ASTM F 963-08 for all toys designed for use by children 14 years of age and younger and to ASTM F 963-07ε1 for toy chests.

ASTM F 963-08 is titled the Standard Consumer Safety Specification for Toy Safety. It is a very comprehensive standard that addresses numerous hazards that have been identified with toys. Previous versions of ASTM F963 were voluntary industry consensus standards that represented the collective work of industry, consumer groups, the government, and others to provide adequate industry-wide standards for toys.

In 2008, the CPSIA mandated that the then-voluntary toy safety standard become a nationwide mandatory children's product safety rule. Until the recent issuance of a "notice of requirements," the Commission had stayed its enforcement of the requirement to third party test and certify all covered toys. The issuance of the "notice of requirements" continued the stay of enforcement with regard to the toy safety standard until December 31, 2011. Therefore, all toys designed or intended primarily for children 12 years of age and younger will need to be third party tested and meet the certification requirements if they were manufactured after December 31, 2011.

The best place to access the toy safety standard is ASTM International's website at: (www.astm.org); this link takes you directly to the toy safety standard on the ASTM website. At the web page for the toy safety standard, you can view a brief description of the toy 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 mandatory standard). In order to view the full standard, you must purchase the standard from ASTM because it is protected by copyright laws. You are urged to review the toy safety standard and to consider which sections of the standard may be applicable to your product. Ultimately, however, you will likely need to have your product tested by an accredited third party laboratory whose accreditation is accepted by the CPSC.

To facilitate the testing of your product, you should contact a testing laboratory whose accreditation has been accepted by the CPSC to discuss your product and to secure an estimate. The estimate should provide you with an itemized listing of which sections of the standard the laboratory proposes to test your product for conformity. (As a consumer of these laboratory services, you may want to secure an estimate from more than one laboratory, as you likely would do with any major purchase.)

Where can I find the official Commission notice about certification and third party testing requirements?

The U.S. Consumer Product Safety Commission (CPSC or Commission) voted recently (pdf) to approve the issuance of a "notice of requirements" (pdf) for laboratories¹ to test certain toys pursuant to the toy safety standard, ASTM F 963-08 (for all toys designed or intended primarily for children 12 years of age and younger) and for toy chests pursuant to one section of ASTM F 963-07ε1 (collectively, the "toy safety standard").²

What are the effective dates for the toy safety standard?

Compliance with the toy safety standard:

If you are a manufacturer, importer, or private labeler of toys, you must continue to comply with the toy safety standard.

Third Party Testing:

If you are a manufacturer, importer, or private labeler of toys, you must test your products manufactured after December 31, 2011 for compliance with the toy safety standard. The Commission will require third party testing for those products on January 1, 2012. The required testing must be conducted by a CPSC-accepted laboratory.³

Third party testing is required for the specific sections of the toy safety standard outlined in the "notice of requirements" and only for those toys designed or intended primarily for children 12 years of age and younger.⁴ There are other sections of the toy safety standard that do not require third party testing. Nevertheless, for those sections of the toy standard, the manufacturer still must: (i) ensure that the toy is compliant with those sections, and also (ii) certify compliance with those sections.

Certification:

After a product is tested for compliance with the mandatory toy standard, the manufacturer, private labeler, or importer must issue a children's product certificate⁵ in which it certifies, in writing, compliance of the toy to that mandatory toy standard.

Is the requirement to test and certify children's toys retroactive?

No. The requirement to test and certify all covered toys only applies to those toys manufactured on or after January 1, 2012.

Does every section of the toy safety standard apply to every toy?

No. The toy safety standard is a lengthy document that contains provisions for many different types and classes of toys. Many of the standard's sections may not apply to a particular product, but there are likely 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 section of the toy standard that tests how loud a sound the toy makes, but there are still many other provisions of the toy standard that may apply to your toy. Because different toys have different characteristics, materials, and functions, every toy needs to be reviewed individually to determine what sections of the toy safety standard are applicable. There are too many possible combinations of applicable sections of the toy safety standard to review all of them here. You should review the standard carefully and feel free to contact us if you have any questions. It also may be helpful to consult with a testing laboratory on which sections of the standard apply to your children's product or toy.

Additional guidance and information from the CPSC will be made available as it is released at www.cpsc.gov/toysafety

For which age groups (i.e., the product's intended users) is third party testing and certification of toys required?

Toys intended or designed primarily for children 12 years of age and younger must be subjected to third party testing and certification at CPSC-accepted laboratories.

Although ASTM F 963-08 technically applies to toys intended for use by children under 14 years of age, the third party testing requirement only pertains to toys intended or designed primarily for children 12 years of age or younger. In other words:

• If the toy is intended or designed for children 14 years of age or older, then ASTM F963-08 does not apply to the toy and it need not be tested by a third party laboratory.
• If the toy is intended or designed for children 13 years of age, then the toy is still subject to the requirements in ASTM F963-08, but you are not required to have the toy tested by a third party laboratory. (Few toys are likely to fall within this category.)
• If the toy is intended or designed primarily for children 12 years of age or younger, then the toy is subject to the requirements in ASTM F963-08 and you must have the toy tested by a third party laboratory.

 

Certain sections of the toy safety standard are exempted from the third party testing requirement, as outlined below. For those toys for which third party testing is required, the testing must be conducted by an accredited third party laboratory whose accreditation is accepted by the CPSC

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

No, only certain provisions of the toy safety standard outlined in the "notice of requirements" require third party testing. The sections of the toy safety standard that require third party testing are as follows:

• ASTM F 963-07ε1
  • Section 4.27 - Toy Chests (except labeling and/or instructional literature requirements)
• ASTM F 963-08
  • Section 4.3.5.2, Surface Coating Materials - Soluble Test for Metals
  • 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
  • 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, Packaging 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

 

The sections of the toy safety standard that DO NOT require third party testing are as follows:

• Those sections of ASTM F 963-08 that address food and cosmetics, products traditionally outside the Commission's jurisdiction.
• The sections of ASTM F 963-08 that pertain to the manufacturing process and thus, 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 F 963-08 or section 4.27 of ASTM F 963-07ε1.
  • 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 F 963-08 that involve assessments that are conducted by the unaided eye and without any sort of tool or device.
• Section 4.3.8 of ASTM F 963-08, pertaining to a specific phthalate, because section 108 of the CPSIA specifically addresses phthalates and will be the subject of a separate notice of requirements.

 

Do all sections of the toy safety standard require certification?

Yes. Although certain sections of the toy safety standard are exempted from third party testing, toys must be certified as being fully compliant with all applicable sections of the toy safety standard. For the applicable sections of the toy safety standard that are exempt from third party testing, manufacturers are expected to test each product or ensure that the product has been subjected to a reasonable testing program. (For convenience, some manufacturers may choose to have laboratories test the toy for compliance with those exempted sections, although it is not a requirement that they do so.) Some sections on labeling and technical requirements, discussed above, cannot be tested and, therefore, testing is not required.

If I have already third party tested my product to the toy safety standard, must I re-test the product?

It depends on the laboratory you used and the date of testing.

The testing must have been performed by an ISO/IEC 17025-accredited third party testing laboratory and completed within the following date ranges:

• for ASTM F 963-08, the product was tested to the applicable section(s) on or after May 13, 2009; and
• for Section 4.27 of ASTM F 963-07ε1, the product was tested on or after August 14, 2008.

 

Furthermore, there are important additional requirements that the specific laboratory performing the test must satisfy for your product's test to be valid. The additional requirements are detailed in the "notice of requirements" in section IV. In sum, if you believe that your tests satisfy the date range(s) set forth above, you should return to the laboratory that performed the testing and seek assurances in writing that they satisfy the other requirements set forth in Section IV of the "notice of requirements." You must satisfy all of the conditions set forth in the "notice of requirements" in order to rely upon prior testing.

What is the "other language" in the "notice of requirements" talking about?

The primary audience of a "notice of requirements" is the community of third party conformity assessment bodies (sometimes referred to as "testing laboratories" or simply "laboratories"). The guidelines in the "notice of requirements" assures the Commission that the laboratories testing consumer products follow good laboratory practices, operate their labs in accordance with certain internationally agreed-upon practices, and follow other similar quality control processes.

The "takeaway" of this "notice of requirements" for small businesses and manufacturers is that the toys that you sell must:

1. continue to comply with the toy safety standard (and other applicable rules);
2. be tested to the toy safety standard by an accredited laboratory accepted by the CPSC⁶ (laboratories will be listed on CPSC's website when their accreditation is accepted), and;
3. have a certificate of conformity in which the manufacturer certifies that the product complies with the toy safety standard.

 

ASTM F963-11

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 revision(s) does not improve the safety of the consumer product covered by the standard. If the Commission does inform ASTM International of its determination that the proposed revision(s) does not improve safety, the existing ASTM F963 standard continues in effect as a consumer product safety rule, regardless of the proposed revision(s). If the Commission does not respond to ASTM International within 90 days regarding the proposed revision(s) to ASTM F963, 90 days later (180 days total after notification by ASTM International), the proposed revision(s) becomes effective as a consumer product safety rule.

What are the key changes in the newest version of the CPSC's toy safety standard ASTM F963-11?

The primary changes in the 2011 version of ASTM F963 include adding limits for the soluble amount of eight metals (antimony, arsenic, lead, barium, cadmium, chromium, mercury, and selenium) permitted in toy substrates. This requirement is in addition to the limits that already exist for surface coatings on toys and the specific limits on total lead content and lead in paint and other surface coatings. The new requirement is based on the soluble limits of eight metals (listed above) after a solubility test in dilute acid. In addition, the new standard provides an optional screening test procedure that is based on the total concentration of those elements in a single test and is determined by digesting the samples completely, in hot, concentrated, strong acids, using methods based on CPSC-approved test methods for lead content. If the screening test shows passing results for the various elements in a predetermined range, the results may be relied upon, in certain circumstances, without further testing for solubility of the elements.

Another major addition to the 2011 version of ASTM F963 are the requirements for bath toys that are intended to address the potential puncture or other hazards that may be presented by vertical, or nearly vertical, rigid projections on bath toys.

Finally, there are many other revisions to existing sections of ASTM F963, such as changes made on the use of cords, the requirements for squeeze toys attached to rings, yo-yo tether balls, straps and elastics, jaw entrapment, toys with spherical ends, and the stability of ride-on toys.

When does the newest version of the CPSC's toy safety standard, ASTM F963-11, take effect?

Children's toys manufactured after June 12, 2012, must comply with all mandatory sections of the recently revised ASTM F963-11. Manufacturers and importers should continue using a CPSC-accepted third party laboratory for the sections of ASTM F963-08 that did not change in ASTM F963-11.

However, for new or revised sections of ASTM F963-11 that are not "functionally equivalent" to the -08, version, manufacturers and importers are not yet required to use a CPSC-accepted third party testing laboratory until the Commission approves a revised Notice of Requirements. As of May 1, 2012, that proposed Notice of Requirements (pdf) is pending, but not yet approved as a final rule, by the Commission.

In the event that a manufacturer or importer wishes to have its products tested now - in the hope that testing to the -11 version eventually will be accepted by the CPSC - that manufacturer or importer should check with its current CPSC-accepted laboratory to see if they will be applying to the CPSC for acceptance of the -11 version. If so, and if the lab satisfies other conditions spelled out in the draft document , then the Commission likely will accept that testing upon its approval of the new Notice of Requirements. (This is not a guarantee of the Commission's action, but the Commission traditionally has permitted acceptance of such testing, provided that all the other conditions are satisfied.)

The additional requirements in the draft document (pdf) are as follows:

• The test results show compliance with the nonequivalent section(s) of ASTM F 963-11.
• The children's product was tested on or after February 22, 2012, and before the effective date of 16 CFR part 1112.
• The third party conformity assessment body's accreditation remains in effect through the effective date of 16 CFR part 1112.
• The third party conformity assessment body's application for acceptance of its accreditation is accepted by the CPSC on or after May 24, 2012 and before the effective date for 16 CFR part 1112.
• The children's product was tested by a third party conformity assessment body accredited to ISO/IEC 17025:2005 by a signatory to the ILAC-MRA at the time of the test. The scope of the third party conformity assessment body accreditation must include the tests contained in the applicable nonequivalent sections of ASTM F 963-11.
  • For firewalled third party conformity assessment bodies, the firewalled third party conformity assessment body must be one that the Commission, by order, has accredited, on or before the time that the children's product was tested, even if the order did not include the nonequivalent tests contained in ASTM F 963-11.
  • For governmental third party conformity assessment bodies, the governmental third party conformity assessment body must be one whose accreditation was accepted by the Commission, even if the scope of accreditation did not include the tests for the nonequivalent tests contained in ASTM F 963-11.

 

Must all accessible substrates be tested for total lead and soluble heavy metals as specified in ASTM F963-11?

Not necessarily. While Section 4.3.5.2(1) of ASTM F963-11 says that the accessible substrates and all small parts must be tested for total lead and eight soluble heavy metals, the term "accessible" is defined in 4.3.5.2(1)(a), and it is very important to determine whether your toy is subject to this additional requirement.

First, "accessible" is defined in section 3.1.2 of ASTM F963-11, and a toy must be examined for accessible parts both before and after age-appropriate use and abuse testing.

Second, for the purpose of this definition, only toys or the parts of toys that can be sucked, mouthed, or ingested - both before and after age-appropriate use and abuse testing - need to be tested for the eight soluble heavy metals . This means that toys or parts of toys that, due to their inaccessibility, size, mass, function, or other characteristics, cannot be sucked, mouthed, or ingested are not required to be tested for the soluble metals listed above. However, compliance with total lead content limits for such items still 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 drink, components of toys which are cosmetics, and components or writing instruments categorized as toys; (2) toys intended for children less than 6 years of age, where there is a probability that the parts or components of the toy would come into contact with the mouth. See Note 3 of Section 4.3.5.2(1)(a).

Therefore, if your product is age-graded as intended for use for children age 6 years and above, and is not likely to be sucked, mouthed, or ingested, it does not need to be tested for the eight metals. Remember that regardless of this analysis, the CPSIA requires that all accessible components of children's products meet the lead content requirement of 100 ppm.

Section 4.3.5.2(1) states that the accessible substrates in toys (including accessible glass, metal, and ceramic toys or small parts of toys) are subject to the limits set forth in Table 1 of F963-11, which specifies, among other requirements, a limit of 75 parts per million of soluble cadmium content (or 50 parts per million for modeling clays that are part of toys). Yet, Section 4.3.5.2(2)(c) states that the soluble cadmium content limit is 200µg. What is the difference between these two requirements?

The test procedure for the requirement in section 4.3.5.2(1) is based on a 2-hour extraction period. Section 4.3.5.2(2)(c) specifically states that the section is in addition to the limits in Table 1 but only for metallic toys or metallic toy components that are small parts. That class of toys cannot 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 total element content as specified in 8.3.1."

¹ Technically referred to as "third party conformity assessment bodies" in the "notice of requirements."
² Note that while compliance with the toy safety standard is required for toys intended for use by children under 14 years of age, third party testing is required only for toys designed or intended primarily for for children 12 years of age and younger. The term "toy safety standard" is used throughout this document primarily in regards to the third party testing requirements for those toys designed or intended primarily for children 12 years of age and younger.
³ Laboratories will apply for acceptance by the CPSC based on the issuance of the "notice of requirements." Thereafter, laboratories that are accepted by the CPSC to test to the mandatory toy standard will be listed on the CPSC's website
⁴ All toys designed for use by children under 14 years of age must either be tested or subjected to a reasonable testing program but it is not required that such toys be subjected to third party testing.
⁵ The second half of this summary contains a detailed explanation of a children's product certificate of conformity (referred to as a "children's product certificate").
⁶ Applies to toys designed or intended primarily for children 12 years of age and younger. For toys designed for use by children under 14 years of age, those toys must either be tested or subjected to a reasonable testing program.