STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION PRODUCT SAFETY UNIT Overview of Toy Standards and Enforcement

CT Department of Consumer Protection MISSION STATEMENT "The Mission of the Connecticut Department of Consumer Protection is to ensure a fair and equitable marketplace, safe products and services for consumers in the industries that we license, regulate and enforce."

Examples of Products the Product Safety Unit Regulates ToysPacifiersRattles Articles intended for children under age 12

The Product Safety Unit is not responsible for : foods, drugs, cosmetics pesticides motor vehicles and motor vehicle equipment general consumer use products

How does the Product Safety Unit Carry Out Its Responsibilities? DCP has authority to: Inspect all stores where children’s articles are sold Test items that are in possible violation Require the recall of violative products Embargo products that violate mandatory standards Seek civil and criminal penalties Educate consumers on the safe use of products

Product Defect Theory Failure of A Standard or WHAT WE DO No Action Stop Sale by Embargo Remove the Product From the Market Possible Civil/ Criminal Penalties

Toys and DCP DCP regulates toys DCP can require the recall of dangerous toys DCP can impose fines on firms that violate mandatory toy standards

Children’s Safety is a High Priority Children often cannot recognize and avoid hazards Education of toy safety issues to parents and caregivers is a high priority 60% of the inspector’s time is spent on toy safety

Toy Injuries and Deaths Nationwide In 2004 there were: –16 deaths and about 200,000 injuries In 2007 there were: –18 deaths and about 232,900 injuries

18 toy-related deaths Calendar Year deaths – tricycles (drowning, motor vehicle involvement, fall) 4 deaths – rubber balls/beads (airway obstruction, aspiration) 2 deaths – non-motorized scooters (motor vehicle involvement) 2 deaths – balloons (airway obstruction, aspiration, strangulation from ribbons) 1 death – stuffed toy (suffocation) 1 death – powered riding toy (drowning) 1 death – inflatable water toy (drowning) 1 death – toy boat (drowning) 1 death – rubber dart (aspiration)

Toy Standards TOYS US Mandatory Standards & ASTM F963 Other standards, such as: EN71 Standard, European & ISO Toy Standard 8124

The FHSA applies to hazardous household substances and requires that they be labeled accordingly. This is the principal statute under which children’s products are regulated. THE STATE CHILD PROTECTION ACT IS ANALOGOUS TO THE FEDERAL HAZARDOUS SUBSTANCES ACT

MAJOR PRODUCTS UNDER FHSA Toys or other articles intended for use by children under 3 years which present choking, aspiration, or ingestion hazards due to small parts. Electrically operated toys Full-size baby cribs

MAJOR PRODUCTS UNDER FHSA Non full-size baby cribs RattlesPacifiersBicycles

Regulatory Process Lead-in-Paint/Lead Policy Toy and Child Product Age Grade of Product Small Parts Requirement State Child Protection Act Art Material Requirements Sharp Point and Sharp Edges

Age Grading of Toys All toys must be age graded to determine what regulations apply. During age grading, one is matching the attributes of the toy to the attributes of the child. In age grading the Department looks at: –the manufacturer’s stated intent, such as the labeling if it is reasonable, –the advertising, promotion and marketing, and –how the article is commonly recognized as being intended for children.

SMALL PARTS REGULATION 16 CFR Part 1501 (FHSA) Bans toys intended for use by children under 3 years that have small parts Small parts present a choking, aspiration and ingestion hazard A small part is one that can fit into a small parts cylinder specified in the regulation Children who ingest small parts can suffocate and die.

Small Parts Requirement Use and Abuse Testing Toy Age Graded for Children Under Three Small Parts as Received Use and Abuse Test: - Impact/ Tip Over - Torque & Tension (Seam Test) -Compression - Flexure BANNED Small Parts BANNED No Small Parts NOT BANNED

Summary of Use and Abuse Testing

Small Parts Test Cylinder Cylinder Failed sample

Exempt Items Under 16 C.F.R. § (1 of 2) Balloons Books and other articles made of paper Writing materials Children’s clothing and accessories Grooming, feeding, and hygiene products

Exempt Items Under 16 C.F.R. § (2 of 2) Phonograph records Modeling clay and similar products Finger-paints, watercolors, and other paint sets RattlesPacifiers

Excluded from Small Parts 16 C.F.R. § (b) Requirements: PaperFabricYarnFuzzElasticString

State Child Protection Act Certain toys and games containing small parts must contain cautionary labeling. Labeling must meet prominence and conspicuousness requirements. Must be exact wording. Must meet labeling requirements under 16 C.F.R. § & 16 C.F.R. §

State Child Protection Act The cautionary labeling for a toy or game is: The cautionary labeling for a toy or game is: WARNING: WARNING: CHOKING HAZARD - Small parts. CHOKING HAZARD - Small parts. Not for children under 3 yrs. Not for children under 3 yrs. Labeling required for toys containing small parts and age graded for 3,4, and 5 yrs. of age. Labeling required for toys containing small parts and age graded for 3,4, and 5 yrs. of age. !

State Child Protection Act The cautionary labeling for balloons is: The cautionary labeling for balloons is: WARNING: WARNING: CHOKING HAZARD - Children under 8 yrs. can choke or suffocate on uninflated or broken balloons. Adult supervision required. CHOKING HAZARD - Children under 8 yrs. can choke or suffocate on uninflated or broken balloons. Adult supervision required. Keep uninflated balloons from children. Keep uninflated balloons from children. Discard broken balloons at once. Discard broken balloons at once. !

State Child Protection Act Small balls intended for children under three are banned. A small ball is defined as a ball with a diameter less than 44.4 mm (1.75”). Small balls intended for children three years and above must be labeled.

State Child Protection Act Labeling for small balls: WARNING: CHOKING HAZARD-This toy is a small ball Not for children under 3 yrs. Not for children under 3 yrs. Labeling for toys containing small balls : Labeling for toys containing small balls : WARNING: WARNING: CHOKING HAZARD-Toy contains a small ball Not for children under 3 yrs. Not for children under 3 yrs. Toys containing small balls age graded for 3 through 7 yrs. of age. Toys containing small balls age graded for 3 through 7 yrs. of age. ! !

State Child Protection Act Labeling for marbles: WARNING: CHOKING HAZARD-This toy is a marble Not for children under 3 yrs. Not for children under 3 yrs. Labeling for toys containing marbles : Labeling for toys containing marbles : WARNING: WARNING: CHOKING HAZARD-Toy contains a marble Not for children under 3 yrs. Not for children under 3 yrs. Games containing marbles age graded 3 through 7 yrs. of age. ! !

Rattles 16 CFR Part 1510 (FHSA) CPSC's standard is intended to eliminate rattle designs that let rattles enter an infant's mouth and become lodged in the throat, presenting a risk of choking and/or suffocation. Rattles that enter and penetrate to the full depth of a test cavity included in regulation are banned - before and after use and abuse

Pacifiers

Requirements for Pacifiers Must not fit through a test fixture described in the regulation Nipples must meet tensile and structural integrity tsts Two airholes in guards and shields No strings or cords

Get the Lead Out Toys are banned if they bear paint with more than 0.06% lead DCP has found lead in other products –jewelry, crayons –figurines in game pieces For the period commencing July 1, 2009, and ending June 30, 2011, any children's product with greater than three hundred parts per million total lead content by weight for any part of the product; and (ii) on and after July 1, 2011, any children's product with greater than one hundred parts per million total lead content by weight for any part of the product, or such stricter standard established in regulation adopted pursuant to section 21a-342; (C) on and after July 1, 2009, any children's product with lead- containing paint greater than ninety parts per million total lead content; (D) on and after July 1, 2009, any children's product with lead-containing paint greater than.009 milligrams of lead per centimeter squared; Under the new federal CPSIA law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

Toys that present certain hazards are automatically banned for importation & sale in the U.S. Toys are banned if, for example, they contain a chemical that is: 1. Toxic, Corrosive or an irritant 2. A child to whom the toy is given could gain access to the chemical, AND to the chemical, AND 3. The chemical may cause substantial illness or injury during reasonably foreseeable use or misuse during reasonably foreseeable use or misuse Same for toys that are flammable or combustible, strong sensitizer or irritant

No Hazardous Liquid Chemicals Toys filled with liquid chemicals –rolling balls, pens, keychains, liquid timers, mazes Chemicals include: –mercury, ethylene glycol, diethylene glycol, methanol –petroleum distillates, toluene

TOY TESTING Under the new federal CPSIA, every product subject to a CPSC standard must have an accompanying certificate of compliance. It is unlawful to sell a toy that violates CPSC’s standards CPSC recommends to manufacturers/importers:  Test a reasonable and representative number of toys  Maintain good quality control procedures  Meet more than the minimum requirements

CPSC TOY ENFORCEMENT CPSC Toy safety standards and bans are laws of the United States government It is unlawful to import to the U.S. or sell in the U.S. a product that violates CPSC standards

DCP TOY ENFORCEMENT Follow-up on Complaints Inspections and investigations EmbargoesRecalls

Examples of Recalls by DCP Toy Jewelry – The recalled jewelry could break, releasing small beads that pose an aspiration hazard to young children - led to the recall of approximately 144,500 jewelry sets. Hooded Sweatshirts – Sweatshirts have a drawstring through the hood posing a strangulation hazard to children – led to the recall of approximately 4500 sweatshirts.

What is a recall? “Recall” is generic term – repair product – replace product – refund purchase price of product

Remedy Future Production – stop production – change design Products in use by consumers – repair – replace – refund – warn

Corrective Action Plan (CAP) Notification – Targeted to owner press release press conference point of purchase posters direct mail paid advertisement

Child’s Death Prompts Replacement Program of Magnetic Building Sets Hazard: Tiny magnets inside the plastic building pieces and rods can fall out. Magnets found by young children can be swallowed or aspirated. If more than one magnet is swallowed, the magnets can attract to each other and cause intestinal perforation or blockage, which can be fatal. This product is unsuitable for young children. Incidents/Injuries: CPSC is aware of 34 incidents involving small magnets, including one death and four serious injuries. A 20-month-old boy died after he swallowed magnets that twisted his small intestine and created a blockage. Three children ages ranging from 3 to 8 had intestinal perforations that required surgery and hospitalization in intensive care. A 5-year-old child aspirated two magnets that were surgically removed from his lung.

Where to Find More Information DCP on the Web – Hotline CPSC on the Web – National Injury Information Clearinghouse – provides injury data from electronic data sources – publications such as hazard analyses, special studies and data summaries – Freedom Of Information Office Hotline CPSC (2772) –report a product related incident –obtain recall information Consumer Product Safety Review

Keeping Families Safe