US CPSC Issues Direct Final Rule for Toys

SG 13/24

US Consumer Products Safety Commission (CPSC) publishes a direct final rule to require toys to comply with ASTM F963-23.

On January 18, 2024, the CPSC published direct final rule16 CFR 1250, revising the safety standard for toys. The rule incorporates the latest version ASTM F963–23 (Standard Consumer Safety Specification for Toys) and will become effective on April 20, 2024, provided the CPSC do not receive significant adverse comment by February 20, 2024.

The revised standard includes the following changes:

• Battery accessibility
• Changes the term ‘tool’ to ‘common household tool’ and defines it as: “screwdriver (straight-blade or Phillips-type), pliers, coin, or other object commonly found in most households and which may be used to operate a screw, clip, or similar fixing device”
• Adds requirement that toys with small part batteries for children eight years and older are now required to undergo the use and abuse test
• Adds a new requirement that fasteners used to secure battery compartments shall remain attached to the toy or battery compartment cover before and after use and abuse testing
• Allows specialty fasteners, e.g., Torx, Hex, to secure the battery compartment as an alternative to common household tools if the appropriate tool is included with the toy and instructional material
• Adds a new requirement that instructional literature for toys that require a manufacturer-supplied specialty or custom tool to access the battery shall direct caregivers to retain the tool for future use, to store it where the child cannot access it, and state that the tool is not a toy
• Expanding materials
• Removes in the ‘expanding material’ definition the time interval for conditioning and instead refers to the test method section
• Adds ‘removable component’ definition as ‘a component of a toy which is intended or likely to be removed by the child during normal use’
• Widens the scope to include the following:
• Components of a toy which are small parts but are encased in an outer covering that is not a small part, and the outer covering is intended to be dissolved in liquid, opened, or broken by the child to reveal the inner expanding component
• Components received by the consumer in an expanded state which are not small parts, but which have the potential to contract in size (such as during storage) to yield a re-expandable small part
• Sound-producing toys
• Adds new sound limit for push or pull toys
• Changes or adds clarification to the sound-producing toy definitions
• Adds new language to sections 4.5.1.2 (Hand-held toys), 4.5.1.3 (Rattles), 4.5.1.4 (Stationary or Self-propelled Tabletop, Floor, or Crib Toys), 4.5.1.5 (User-propelled Tabletop, Floor, or Crib Toys), and 4.5.1.6 (Push or Pull Toys)
• Adds note 13 relating to modes of tabletop, floor, or crib toys to section 4 of the standard
• Made clarifying and editorial changes to the test methods in section 8.20, 8.20.1, 8.20.1.1, 8.20.1.2, 8.20.1.3, 8.20.1.4, 8.20.1.5, 8.20.1.6, 8.20.2.1, 8.20.2.4, 8.20.2.5, and 8.20.2.6 of the standard. Sections 8.20.2.2 (Hand-held Toys) and 8.20.2.3 (Rattles) were moved, in addition to such clarifying and editorial changes
• Adds note 52 to the test methods section regarding use and abuse testing
• Projectiles
• Changes the test method for projectile toys in section 8.14

The standard was also revised to align with federal and CPSC requirements on phthalates, toy substrate material exemption and tracking labels.

Final rule 16 CFR 1250

SGS can help you to sell and distribute your toys internationally. As a global leader in testing, inspection and certification, we have the regulatory knowledge and industry expertise to assess your products and ensure they meet the relevant requirements for sale and distribution in different global markets. Please do not hesitate to contact us for further information or visit our website. In the end, it’s only trusted because it’s tested.